Dog Bite Claim: What’s The Statute of Limitations in PA?

Statute of Limitations For Dog Bite Claims in Pennsylvania

Why is Dog Bite Investigation So Important? 

Before filing suit for a dog bite, you should be able to identify two things: 

1. All parties potentially responsible for the dog's dangerous behavior. This can include a landlord, or co-owners of a dog.  Or, if the dog had attacked when being walked by a dog-walker -- employed by a canine care service or kennel -- you'll need the name and corporate address of all entities involved.  After all, there's no point scheduling the courtroom "party" until you identify all the guests! 
2. All types of claims you can make. Here in Pennsylvania, unlike states having "strict liability" for dog bites, the injured party often must prove negligence. For example, did the defendant fail to control the dog? Did he ignore the dog's dangerous propensity? Or, did the canine get too little (or no) training? In other words, is the liability based on one's own conduct, or was it the negligent failure to oversee someone else's conduct?  

Although the PA Rules of Civil Procedure allow you to amend your lawsuit -- to add a new person or alternate theory of liability (or both) -- you don't want to "change your story" very much during litigation. Your credibility is important not only in front of a jury, but also in the eyes of the opposing attorney from day one. This is because 90 percent of cases settle before going to a jury. Thus, our Pittsburgh attorneys avoid "investigation via litigation" whenever possible.  

Instead, we learn as much as possible prior to filing suit. For example, we're sure to obtain the animal control's report (and any amendment to it) before filing anything in court. Bottom line: good investigation takes time, but it's worth it. So now you're ready for the real question.  

How long is too long before you file suit for your dog bite? 

Two (2) Year Statute of Limitations 

In Pennsylvania there is a two year statute of limitation period by statute.

§ 5524.  Two year limitation.

The following actions and proceedings must be commenced within two years:

An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.

For a child or children, however, the two (2) year statute of limitations does not begin to run until the child turns eighteen years old. Thus, a child has until age twenty to file suit for injuries from a dog bite. 

For adults, however, the two year statute of limitations comes and goes relatively quickly.  

 

Is Two Years Too Short to Sue for a Dog Bite? 

By contrast, a three (3) year statute of limitations exists in New York and Maryland to sue for a dog bite. But two years is more than enough time, if your lawyer springs to action early. Even if the statute of limitations were twenty years -- which is the case for young children -- you would never want to wait that long. Time will fade the memory of witnesses and availability of physical evidence. 

 

Know When The Statute of Limitations Starts To Run

The key thing to understand is, almost nothing will delay or extend the statute of limitations for a dog bite, so get to work early on your claim.  Some lawyers -- who only dabble in dog bite law -- somehow think the statute of limitations to be "tolled" or extended until you discover the full extent of your injuries, because of the "discovery rule," as in medical malpractice cases.   

Not true, for dog bites.  

Here, the clock starts ticking on your important claims the moment you learn of any injury from the attack, even a tiny scratch or "nip" injury.  What if you don't see the scratch right away?  In PA, you have a duty to exercise due diligence to look for scratches right after an attack. In Pocono Intern. Raceway v. Pocono Produce, 468 A.2d 468, 503 Pa. 80 (1983), PA's Supreme Court held: "...the 'discovery rule' exception arises from the inability, despite the exercise of diligence, to determine the injury or its cause, not upon a retrospective view of whether the facts were actually ascertained within the period." 

So be warned: even if take six months learn if your "mere scratch" will leave a "permanent scar" (or get infected, or conceal a hematoma beneath the surface) -- the two year statute of limitations to sue for a dog bite starts running the day of the attack, not when you learned the full extent of the injury.      

 

Sometimes You Have Less Than Two Years to Bring Your Dog Bite Claims

Some say, "you can't fight city hall."  That's not true, but only if you serve on City Hall within six months of the injury  formal notice of your claims. Otherwise, your dog bite claims can be dismissed. 

This is because of governmental immunity.  Regarding any claim on the government, you only have six (6) months to serve formal written notice of your claims on the responsible governmental entity. Our Pittsburgh dog bite lawyers have come across this topic when suing police, for attacks on innocent civilians by police K-9 units.  There, all state law claims for negligence -- against a township, municipality, county, or the Commonwealth of PA -- will be dismissed, unless you served timely formal notice on the responsible governmental entity.  

Free Consultation 

Contact a Pittsburgh attorney at our firm for more information about your dog bite claim on adults or any child or children.