Claim For Failure to Vaccinate a Dog Against Rabies
Our Pittsburgh animal attack lawyers have written extensively about the various claims for a dog bite, but what about rabies vaccination issues? Can the Defendant’s failure to keep his dog up-to-date on a vaccination for rabies serve as an additional claim for the victim of an attack?
The answer is: yes, absolutely.
Where liability exists for an animal attack, the victim may seek a recovery for all damages reasonably related to the bite, including treatment to:
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- diagnose a rabies infection,
- prevent the contraction of a rabies infection post-attack, even if not contracted, and
- address every infection and resulting complications.
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A Separate and Additional Claim For the Failure to Vaccinate
The question then becomes, can the mere fear and concern of contracting rabies — for the victim bitten by an unvaccinated dog — create a separate cause of action (apart from the usual claims for “negligence” or other violation of Dog Law — to sue for injuries?
The answer, once again, is: yes.
Pennsylvania’s Rabies Control Act
Pennsylvania law requires the rabies vaccination of every dog in this Commonwealth. Specifically, Pennsylvania’s Rabies Control Act — 2013 Act 65 — mandates:
(1) A person owning or keeping a dog or a cat in this Commonwealth shall have the dog or cat vaccinated against rabies within four weeks after the date the dog or cat attains 12 weeks of age.
(2) A person owning or keeping a dog or cat that is required to be vaccinated against rabies shall produce either proof .. . within 48 hours after . . a designated municipal animal control officer requests the proof…
(3) [A] booster vaccination shall be administered between 12 and 14 months from the date of the initial vaccination . . . The animal shall then be subsequently revaccinated on an ongoing basis in accordance with the directions of the vaccine manufacturer.
Pennsylvania also recognizes a claim for “negligence per se,” where the violation of criminal statute can create a basis to sue for civil negligence. This creates strict liability for violation of the criminal statute. Click here for more.
But can violation of Pennsylvania Rabies Control Act create a basis for negligence per se, which is effectively strict liability in PA? Nor negligence per se to apply, the criminal statute must be designed to promote public safety, like the criminal statute requiring the reasonable control of dogs.
Has any court weighed in on this? The answer once again is: yes.
Strict Liability For Violation of 2013 Act 65 (Rabies Vaccine Requirement)
In Philips v. Horvath, No. 536-CV-2021 (C.P. Monroe Co. May 14, 2021 Williamson, J.), the plaintiff suffered injuries from a dog bite, including a laceration and sutures. Additionally, the defendant had not vaccinated his dog. Plaintiff’s lawsuit included claims for violations of PA’s Dog Law and also a claim for negligence per se, for violation of in violation of 2013 Act 65. Defendant filed a motion to dismiss the Rabies Control Act claim. In particular, Defendant alleged his alleged failure to vaccinate the dog caused any injury to the Plaintiff.
However, Plaintiff alleged that Defendant’s failure to vaccinate his dog had separately caused:
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- Plaintiff’s need to receive six (6) painful rabies shots to prevent the contraction of rabies,
- The expenditure of thousands of dollars of medical bill expenses, and
- Emotional distress from the fear of contracting rabies.
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But would the judge buy this argument? The court decided that Plaintiff had sufficiently pleaded damages specifically caused by Defendant’s failure to vaccinate his dog. It was immaterial whether the plaintiff had actually contracted the disease, or whether had progressed to deathly appendicitis.
Suspect an Exposure to Infection?
If you suspect you’ve been exposed to a rabies infection, seek prompt medical attention. The Commonwealth of Pennsylvania invites you to report the incident to them. Click here. Ready to make a claim?
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Call or email today for a free consultation about any dog bite related claim in Pennsylvania.
412.400.5476
Or Email Us