Our Pittsburgh lawyers are often asked: what evidence do I need to prove a claim for injuries from a dog bite in Pennsylvania? After all, knowing the rule of law is one thing: do I need to show negligence? (often, yes) Does PA have a “one free bite” rule? (no). Ultimately, once the legal standard is known, the question becomes: what proof is needed to establish liability and recover damage?
Let’s talk about proving liability, first.
Proving Liability Through Admissible Evidence
Pennsylvania generally requires proof of negligence, to establish liability for a dog bite. A person who fails to heed warning signs about a dog’s “dangerous propensities” can be liable for all damages caused by the attack. Thus, anyone who had witnessed the dog acting aggressively — even a child witness — can testify to the dog’s prior dangerous propensities. However, the dangerous propensities must pre-date the attack at issue. The canine’s conduct after the attack might be established through witness testimony. However, it’s irrelevant to whether the dog had previously been dangerous.
Reports as Evidence: the Police Report or Animal Control Report
Is a report by animal control or the police admissible? The answer is, generally not. It’s hearsay, because it’s a statement made out of court. However, dog bites are personal. We find that the police or animal control typically (1) remember each attack and (2) are available to testify live as to what they witnessed. Remember, animal control — not the police — has primary jurisdiction over dog bites. They keep good records. Often, animal control will be able testify to a prior dangerous propensity of the dog, if known.
Evidence of a Child (or Children Attacked by a Dog
A young child can testify to how she was attacked, so long as she’s old enough to (a) remember the event and (b) understand the meaning of truth versus fiction. This ability varies from child-to-child. That said, with a young child — under age 10 — as the witness to the attack, the plaintiff’s attorney should start thinking about other evidence to establish liability for the attack. That said, the lack of evidence cuts both ways. Without it, there’s also no proof that the child had provoked the dog. Provocation is a viable defense.
Ultimately, to win, the plaintiff’s attorney will focus on the lack of control of the dog. This, alone, can explain how the child had come into contact with the canine in the first place, even if the exact manner of the attack cannot be proven.
Getting Proof of Medical Treatment Admitted into Evidence
This can be done three ways.
First, the plaintiff can offer a witness who was privy to the medical treatment, such as a doctor. The doctor, in turn, can authenticate the medical records and testify as to the reasonableness of medical treatment. However, doctor testimony is very expensive. Often $4,000 or more per doctor, per day in court.
Another, less expensive method to get medical records into evidence is by having a records custodian testify that the records were kept in the ordinary course of business. With this exception to hearsay, the document comes into evidence as purported as such. However, unless the medical records contain opinions to a “reasonable degree of medical certainty” (the legal standard) a doctor may still have to testify live. Plus, live testimony is always more captivating and interesting than reading a written “record.” So in any significant case, live testimony is strongly preferred for the best outcome.
Lastly, the third way to enter medical records and opinions into evidence is through Rule 1305(b) of the Pennsylvania Rules of Civil Procedure. This allows medical records to be admissible if served on the opposing party at least twenty (20) days prior to an arbitration. This rule governs arbitration cases only, however. Those are cases where the amount demanded is $50,000 or less (exclusive of interest) in Allegheny County. This is appropriate in smaller cases, which may not justify a $4,000 bill for live medical testimony.
Proving Evidence of a Scar
This one might seem pretty obvious. After all, can’t a person (bitten by a dog) simply show the scar to the jury? The answer is yes. However, the permanency of the disfigurement — and whether surgical options exist to correct the scar — are often the subject of expert testimony. That said, in serious cases, the cost of offering live expert evidence will outweigh the cost.
Contact a Pittsburgh Lawyer Today
Each Pittsburgh attorney at our firm is here to give you a free consultation about any dog bite or animal attack related issue in Pennsylvania. Call or email us to learn more about evidence to prove claims or defenses.
412.400.5476