Who Pays Your Medical Bills After a Dog Attack in PA?

Many people assume that if a dog attacks them, they must prove the owner was negligent before anyone is responsible for their medical bills. Pennsylvania law, however, provides important statutory protection for victims of dog attacks.

Under Pennsylvania’s Dog Law, the owner or keeper of a dog may be legally responsible for a victim’s medical expenses even without proof that the dog had previously bitten someone or exhibited dangerous propensities.

Pennsylvania’s Dog Law Creates Statutory Liability for Medical Expenses

Section 502(b)(1) of the Pennsylvania Dog Law provides:

“Any cost to the victim for medical treatment resulting from an attacking or biting dog must be paid fully by the owner or keeper of the dog. The Commonwealth shall not be liable for medical treatment costs to the victim.”
3 P.S. § 459-502(b)(1).

This statute creates an important remedy for victims because it specifically identifies who is responsible for medical expenses—the owner or keeper of the dog.

Who Is a “Keeper”?

The statute extends beyond the dog’s legal owner.  

A keeper may include someone who is exercising custody, possession, or control over the dog, even if that person is not the dog’s legal owner. Whether someone qualifies as a keeper depends upon the particular facts of the case.

For example, depending upon the circumstances, a person caring for a friend’s dog, a family member who has custody of the dog, or another individual exercising control over the animal may qualify as a keeper under the Dog Law.

By contrast, a landlord is not automatically liable simply because a tenant owns a dog.  In PA, a landlord’s liability generally depends upon traditional negligence principles and whether the landlord actually knew of the dog’s dangerous propensities and retained sufficient control over the premises or the animal.

Does There Have to Be an Actual Dog Bite?

Not necessarily.

Notice that the statute does not refer only to a biting dog. Instead, it applies to medical treatment resulting from “an attacking or biting dog.”      

That wording is significant.    

For example, suppose a large dog aggressively charges a pedestrian. The pedestrian runs to avoid being bitten, falls, and fractures a wrist without the dog ever making physical contact.    

Does Section 502(b)(1) require the owner or keeper to pay those medical expenses?       

The statutory language arguably supports that result because the injury resulted from an attacking dog, not merely a biting dog. However, Pennsylvania appellate courts have provided little guidance interpreting this language, and the answer may depend upon the particular facts of the case.   

Even if the statutory medical expense provision ultimately does not apply, an injured victim may still pursue a claim under traditional negligence principles or negligence per se where appropriate.

Negligence Per Se May Allow Recovery Beyond Medical Bills

The statutory medical bill provision is only one part of Pennsylvania’s Dog Law.      

 In many cases, an injured victim may also pursue a claim based upon negligence per se.   

Ordinarily, a plaintiff must prove that a defendant failed to act as a reasonably prudent person under the circumstances. However, negligence per se is different. When the Pennsylvania General Assembly enacts a statute designed to protect public safety, violation of that statute may establish the defendant’s breach of duty.

Pennsylvania’s Dog Law exists to protect members of the public from injuries caused by dogs that are not properly confined or controlled.

However, when the elements of negligence per se are satisfied, the statutory violation itself may establish the breach element of a negligence claim. The injured person must still prove causation and damages, but negligence per se can significantly simplify the liability analysis.    

Unlike the statutory medical expense provision, a successful negligence claim may permit recovery of damages such as pain and suffering, lost wages, permanent scarring, loss of earning capacity, and future medical expenses.    

Other Sources of Payment

Your Own Health Insurance

Use your own health insurance first, if you have it.

Even if the owner or keeper of the dog is legally responsible for your medical bills, you will not receive payment overnight. Insurance claims can take months to settle. If you must file a lawsuit, the case may take a year or longer to resolve.

Even if you win, you may face another problem: collecting the judgment. The responsible party may have little or no insurance or insufficient assets to pay it.

Don’t wait to find out.

Submit your medical bills to your own health insurance as you receive them. You may have deductibles or co-payments, but using your health insurance can keep unpaid medical bills out of collections and help protect your credit.

If you later recover money from the responsible party, your health insurer may have a right to reimbursement or subrogation under your policy or applicable law. Your attorney can help address those issues during your case.

“Med Pay” Coverage

You may have another source of payment from the dog owner.  

Many homeowners’ and renters’ insurance policies include Medical Payments to Others (“Med Pay”) coverage. If the attack occurred on the insured property, Med Pay may pay medical expenses regardless of who was at fault.

Coverage limits are often modest—commonly $1,000 or $5,000—but some policies provide higher limits. Unlike most health insurance, Med Pay typically has no deductible or co-payment.

Not every policy includes Med Pay coverage. However, when it is available, it can help pay medical bills while your injury claim is pending.

An experienced attorney should identify every available source of insurance, including homeowners’, renters’, umbrella, and other applicable policies. Doing so can maximize your recovery and reduce your out-of-pocket expenses.