Recovering Lost Wages or Lost Earning Capacity From a Dog bite

Pennsylvania allows the victim of a dog bite or animal attack to make a claim against the dog owner (or person harboring the dog) for lost wages or lost earning capacity.  However, two things need to be shown for the recovery of lost wages from a dog bite or animal attack.  These are (1) causation and (2) reasonably ascertainable amount of loss.

Moreover, if attacked in the scope of one’s employment, the dog bite victim can also  bring a claim for workers’ compensation, discussed here.  Here, however, we will only focus on the claims against the dog owner.

 

 

1.  Causation 

First, the injured plaintiff must demonstrate a causal relationship between the attack and the loss of income or lost earning capacity.  This is relatively easy, however.  The standard is Pennsylvania is whether the Defendant’s conduct was a “substantial factor” in causing the harm alleged.  Thus, let’s say a person was depressed, generally, and was having a hard time completing his tasks at work.  Then, he is bitten by a dog — or chased by a dog causing him mental distress even though never bitten.  Following the attack, the dog attack victim can no longer work.

In this case, the Defendant can allege that the pre-existing depression was a factor in causing the lost wage claim, also.  Thus, the attack was not the only reason for the lost wage claim.  Can the dog bite claim for lost wages be defeated?

On these facts, no.

But why?

To prevail on a claim for for lost wages from an animal attack, it need only be shown that the attack was a substantial factor.  Thus, the fact that other things caused or contributed to the lost wage claim will not defeat the claim against the dog owner for lost wages.

 

 

2.  Reasonably Ascertainable Loss of Wages or Earning Capacity 

No Speculation 

A fact finder (judge or jury) must be able to ascertain the amount of lost wages without speculation.  This is easy in cases where the dog bite victim is a W-2 employee of a company.  One can add up the days of missed work following the attack.  This, with a doctor’s opinion that the the injuries from the attack caused absence from work, the claim is reasonably precise and ascertainable for a recovery.

It is much less clear, however, where the injured party is self-employed.  There, he might not have a W-2 showing his weekly or bi-monthly pay.  It may be somewhat speculative as to how much money he would have earned, but for the animal attack. For example, a slowing economy or even random factors can cause a self-employed person to suffer temporary set back in terms of income.

 

Compromise Verdict 

The jury can also render a compromise verdict, meaning, the jury in a dog bite case can compromise down the amount if the evidence is contested, as follows:

 [S]eemingly low and unfair verdicts are nevertheless adequate when the jury is presented with contradicting evidence of liability and degree of injury. Gallagher v. Marguglio, 429 Pa.Super. 451, 632 A.2d 1309 (1993), petition for allowance of appeal denied, 538 Pa. 612, 645 A.2d 1316 (1994).

See: Labbett v. Port Auth. of Allegheny County, 714 A.2d 522 (Pa. Commw. Ct. 1998).

 

Conclusion 

Note, however, this this page is limited to claims against the dog owner or person harboring or responsible for the dog. A claim against one’s own employer will be treated differently and governed by workers’ compensation. Likewise, if you work working for an employer at the time of the attack — as a postal carrier, or amazon driver, or Uber eats worker — then you may have to pay back workers’ comp for any benefits you received, if you receive a settlement from the dog owner.

Contact a Pittsburgh lawyer to handle your dog bite case in Western PA for a free consultation.

Call Today! 

 

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