Claiming Loss of Consortium From a Dog Bite in PA
The victim of a dog bite may be married, and when the injuries effect the spouse, a claim for loss of consortium may exist.
Thus, what is loss of consortium? The definition is: the loss of companionship, including the loss of intimacy, due to injuries from a dog bite in PA. A loss of consortium claim is derivative from the injured party’s claim, meaning, both claims must be brought together. Plus, the responsible party’s insurance policy must cover both claims. This means, the dog owner’s insurance not only covers the claim for physical and other injuries of the direct victim of the attack. It also covers the loss of consortium claim. See Koenig v. Progressive Ins. Co., 599 A.2d 690, 410 Pa. Superior Ct. 232, 410 Pa. Super. 232 (Super. Ct. 1991).
Lawyers Handling Loss of Consortium Claims From a Dog Bite
if you decide to hire our Pittsburgh lawyers for a dog bite injury claim, and you are married, we will ask both you and your spouse to endorse an engagement letter with us. This is because we must advance both claims at the same time.
Failure to Join an Indispensable Party
Our Pittsburgh dog bite attorneys get most cases resolved without filing suit. However, when we do file suit, we must include a loss of consortium claim, when one exists. Otherwise, the dog bite claim solely by spouse who was attacked can face objections, for “failure to join an indispensable party.”
A Spouse’s Claims Beyond Loss of Consortium
The spouse of a dog bite victim is not limited to claiming “loss of consortium.” Rather, a spouse who is not injured in an attack can claim (a) negligent (or intentional) infliction of emotional distress plus (b) the value of marital property damaged during the attack. Let’s talk about each of these.
Negligent or Intentional Infliction of Emotional Distress
Sometimes, a spouse of the injured party also experiences the attack, either seeing it, or hearing it. For this, a claim may exist. That is to say, a spouse who (1) witnesses an attack on the other spouse (husband or wife) and (2) experiences contemporaneous emotional distress can have a separate claim for negligent and/or infliction of emotional distress. This claim is separate from — and in addition to — a claim for loss of consortium. Click here for more information.
Property Damage
In Pennsylvania, a husband and wife own all property acquired together during the marriage equally, unless there is some agreement to the contrary. Often, in an animal attack, there is damage to marital property. Often, the injured party’s dog will be attacked as well. In PA, dogs are considered property. Or, the injured party’s clothing will also be damage. For each of these, both spouses share equally in the right to bring claims for physical damage to property.
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Contact our Pittsburgh attorneys for a free consultation about any dog bite claim for loss of consortium or other damages.