Punitive Damages For a Dog Bite in Pennsylvania
As you may have noted on this website, we’ve talked about all kinds of dog bite damages, except punitive (or exemplary) damages! So far, we’ve discussed disfigurement, pain and suffering, payment of medical bills (and co-pays), psychological injuries, fear of dogs, and lost wages, if you lost work. But what about exemplary damages for a dog bite in PA?
Appellate Court View on Punitive Damages Against Dog Owner
Speaking specifically in regard to a dog bite case, the Superior Court of Pennsylvania has opined:
In Pennsylvania, punitive damages may be awarded for outrageous conduct based, in the case of intentional conduct, on the defendant’s evil motive, or based on the defendant’s reckless indifference to the rights of others. Feld v. Merriam, 506 Pa. 383, 393, 485 A.2d 742, 747 (1984).
Moreover, “Punitive damages must be based on conduct which is `malicious, wanton, reckless, willful or oppressive’, . . .” Id., 506 Pa. at 395, 485 A.2d at 747-748, citing Chambers v. Montgomery, 411 Pa. 339, 344-345, 192 A.2d 355, 358 (1963) and Hugh v. Babcock, 349 Pa. 475, 37 A.2d 551 (1944). In any case, it is evident that claims for punitive damages are based upon conduct. In Feld v. Merriam, supra, the Supreme Court of Pennsylvania adopted Section 908(2) of the Restatement (Second) of Torts, which provides in relevant part:
“Punitive damages may be awarded for conduct that is outrageous, because of the defendant’s evil motive or his reckless indifference to the rights of others.”
Clearly, the nature of punitive damage awards is designed to punish an individual litigant for misconduct and such awards are not bodily injury or property damage awards. Punitive damages are not intended to compensate the victim but to punish the actor. Esmond v. Liscio, 209 Pa. 200, 224 A.2d 793 (1966). Plus, in Esmond v. Liscio, Id., 209 Pa. at 215, 224 A.2d at 798, it was clearly stated that an insurer owes no duty to indemnify an insured on an award of 142*142 punitive damages. Thus, there is no functional distinction or difference between punitive damages which arise from intentional conduct or reckless conduct. It is the conduct that is being punished not the victim that is being compensated.
See Creed v. Allstate Ins. Co., supra.
All of that being said, an award for exemplary damages is typically not covered by liability insurance. Moreover, it is unconstitutional for a jury to award punitive damages greater than ten times actual damages. Thus, the winner of a verdict for punitive damages from a dog bite must hope that Defendant has personal assets to satisfy said judgment.
Reasons to Plead a Claim For Punitive Damages for a Dog Bite
A claim for exemplary damages can add leverage to your claim. This is because of insurance coverage issues for the Defendant. In addition, an award for punitive damages cannot be discharged in bankruptcy.
Secondly, even if the claim for punitive damages is not covered by insurance, that does not mean the liability carrier is off the hook. Thirdly, a liability insurance carrier may be required to cover the ordinary negligence part of the claim.
Hence, this may force the defendant-dog owner to seeking outside counsel, for the claims not connected to the insurance company. Plus, a verdict slip may not itemized compensatory versus punitive damages, making the defendant’s insurance carrier liable to pay the entire verdict.
Issues For Insurance Companies – If Punitive Damages Are Asserted
But then, who pays for outside counsel from a Pittsburgh lawyer or otherwise? The insured? The liability insurance carrier? These are headaches for the defendant and his or her carrier. Therefore, on the plaintiff side of these cases, it may behoove the injured party to to bolster the value of a claim by asserting a demand for exemplary damages. However, the facts must suggest a good faith basis to assert a claim for exemplary damages: something more than ordinary negligence.
Contact our Pittsburgh Dog Bite Lawyers about any question you have regarding a dog bite injury in PA.
New Number! 412.400.5476
Or Email Us