The owner of a dog can face a range of criminal charges for a dog bite, ranging for harboring a dangerous animal to failure to control the dog. Pennsylvania does not have a “leash law,” but the owner of a dog is required to have the dog under reasonable control, or face a criminal charge for the dog running at large. There are numerous lesser charges that may be included, such as failure to get the dog licensed or vaccinated.
Penalties
Any person owning or harboring a dangerous dog can be held responsible, criminally. Depending on the seriousness of the attack, the dog can be put down.
A second offense is much more serious. It can be very expensive to harbor a dog deemed dangerous. At that point, if the dog owner wants to keep the dog, he must maintain a kennel for the dog. The dog must be micro chipped. The originally provided the owner must:
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pay $500 per year for the dog bite registration,
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Obtain a $50,000 surety bond to pay future claims,
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Also obtain insurance, naming Pennsylvania as an insured party, relative to future costs,
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post signage about the dangerous dog, and
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Never transfer or sell the dog, unless the person who receives the dogs complies with the above.
But note, the penalizes have increased, for 2024. Click here for more.
Should the dog escape, any person watching the dog (even a babysitter) can be held responsible, criminally, for the escape. Neighbors at that point need only call 911 if any dog deemed dangerous and the police will come and take action.
Who Enforces the Law?
Victims of a dog bite are often surprised that the police often do very little to enforce dog bite law. In fact, even when a person is injured the police rarely draft a police report. Rather, it is animal control that takes lead when a dog bite has occurred. According to PA’s website, animal control has the special authority to:
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Enforcing licensing and control of dogs
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Enforcing kennel licensing and inspections
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Investigating dog bites
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Seizing and detaining any dog seen running at large
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Establishing and enforcing the quarantine of dogs in certain areas when required
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Enforcing the Pennsylvania Rabies Law
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Attendance of the Criminal Hearing
Animal control will ask the victim of a dog bite to attend a criminal hearing. The police may also attend, but mainly as a witness. Here, if the dog bite victim has representation for his or her civil claims, the civil attorney may assist the victim in terms how to testify, even though the civil attorney is not directly involved in the criminal proceedings. Rather, the civil attorney may simply attend to observe to see how the facts obtain in the criminal case may be used in the civil claims. We also attend for moral support, as the hearing itself can be stressful for the dog bite injury client.
Restitution
At the criminal hearing, the magistrate may consider an award of restitution against the dog owner. This can include an award for medical bills not covered by insurance. The victim’s personal injury attorney will likely know what claims are covered and whether any restitution should be pursued. Therefore, we often attend the criminal hearing not only to support the victim, but to ensure that the criminal process works to the client’s full advantage to obtain maximum compensation. This is true especially when the dog owner lacks liability insurance coverage.
Using the Violation of Criminal Law to Prove Civil Liability
In Pennsylvania, the law has evolved in dog-friendly manner, dating back to PA’s history of being a farming region. Dogs were integral to herding farm animals. Therefore although many states have “strict liability” for dog bites, in PA, the victim has to prove negligence on the part of the dog owner.
One exception to where the dog owner violates a criminal law. That is called negligence per se, where civil liability attaches for violation of a criminal law. Pennsylvania has no “leash law,” necessary, requiring an actual leash, however, a dog must be kept under “reasonable control.” A leach is the best way, but it’s not required if there are other restraints, or if the dog has special training and can be expected not to wander off, or to strictly obey commands.
Our law firm gets involved and helps you prepare for the criminal hearing, as mentioned. Sometimes, however, animal control will not not bring charges if, for example, the dog is on the owner’s property and not running at large. Here is an excerpt from a recent article:
“The way the law is written, the victim, whether invited or not invited, was on the dog owner’s property and the dog was not at large or running loose, so there are no grounds to file a criminal complaint,” Smith said.
However, mail will not be delivered to the address, said Sabrina Todd, spokeswoman for the U.S. Postal Service’s Greater Michigan District.
“The dog is still there and is considered a threat, so they will have to pick their mail up at the post office,” she said.
Mail carrier Jerry Mitchell returned to work Monday.
He had been off the job for two weeks because of the injuries sustained in the April 18 incident.
Smith said the dog was quiet and obeyed the owner’s commands when he visited the home April 28 to check on the animal’s demeanor.
Clinton County Animal Control records show the mastiff attacked someone else on the owners’ property Aug. 23, 2012.
No other details about the previous incident were made available.
While no criminal charges have been filed, a court has the power to declare an animal a threat under the dangerous animal law, Smith said.
A summons can be issued to the dog’s owner to show why the animal should not be destroyed.
A magistrate also could order animal to be marked with a tattoo as dangerous by a veterinarian and order the owner to contain the animal in an escape-proof enclosure or fencing and provide proof of enough liability insurance to protect the public from any damage caused by the animal.
“There is always a chance the dog owners may still decide to surrender their dog,” he said. “They are feeling very remorseful and are really struggling with this.”
The father of one of the dog’s owners was alone at the house when the attack occurred.
The above incident occurred in the State of Michigan, but a similar result would occur in Pennsylvania. If you or a loved one is bitten by a dog, you should talk to a lawyer before going to the District Attorney’s office to press charges because your success (or failure) to get charges pressed may effect the recovery you ultimately recover for civil damages for disfigurement, pain and suffering, medical bills, and other damages.
A Conviction For A Summary Criminal Offense
Another question is: what if the dog owner or person harboring the dog pleads guilty — or is convicted after a hearing — for violating PA’s Dog Law, criminally? A conviction at the magisterial district judge (MDJ) level, alone, will have no effect. However, things things change if the defendant appeals the MDJ decision to a hearing before a judge on the court of common please. Click here for more.
Contact our Pittsburgh lawyers today about any dog bite or animal attack related matter in Pennsylvania!
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