We just wrapped up the holiday season. From the person who delivered your holiday Amazon orders to the friendly postal carrier who delivered annual Christmas cards from loved ones to the people you’ve invited over for dinner or to share in some holiday cheer, the holidays mean that there may have been a lot more activity at your house. But what happens if Fido wasn’t feeling particularly festive and bit someone during all the holiday excitement? Let an experienced Newtown Square dog bite attorney at Silver & Silver explain your legal liability.

 

Dog Bite Laws in Pennsylvania

Dog bite laws differ from state to state and sometimes even municipality to municipality. In Pennsylvania, a dog’s owner is responsible for keeping their pet properly restrained and is strictly liable for any harm caused by their dog. If your dog bites the mailman or nips at a family friend during a holiday get-together, no proof of “fault” is needed. You are financially responsible for any of the victim’s medical treatment. 

Fortunately, most dog bites are usually covered by your homeowners’ or renters’ insurance up to certain limits under your personal liability and medical coverage. But it’s important to check your policy. Your coverage may exclude certain breeds of dog or have other limitations. In addition, if the medical costs exceed your coverage limits, you will be personally liable for the remaining expenses.

Don’t give statements or sign anything without first consulting a Newtown Square dog bite attorney to understand your liability as the dog’s owner.

 

How to Keep Your Dog from Biting Someone During the Holiday Commotion

There is a lot of activity at this time of year, and your dog may feel overwhelmed by the commotion or defensive of their space, food, or belongings. Be proactive as a pet owner during the holidays to ensure your dog does not bite a delivery person, mail carrier, or guest in your home.

• Your dog may feel stressed with the extra activity or feel the need to defend their space. Don’t take chances. Separate your dog from guests when you are hosting a gathering in your home with a lot of people and activity. 
• Dogs can also be very territorial and want to protect that territory. Keep your dog inside your home or properly restrained if you know delivery people or mail carriers will be coming onto your property. 
• Keep your dog’s regular routine. Dogs can feel anxious with the added activity around them, and knowing how they will react when they feel overwhelmed can be difficult. Especially if your dog is older, sick, or doesn’t deal with change, strangers, or noise well, make their life as predictable and quiet as possible during the holiday festivities. 
• Don’t ever assume that your pet feels safe. Their stress signals may be so subtle that you’re dealing with a dog bite before you know it. Give your dog a calm place to get away from all the people and noise so they can feel safe. 
• Don’t leave your dog’s food or toys out. Many dogs feel very protective of their food and belongings, even if it is something they just received as a holiday gift. Don’t take the risk that your dog will bite someone to protect their stuff. 
• Make sure your dog is being actively supervised when they’re around others, especially children. Kids can be boisterous, and your dog may not be used to all this extra energy. Unfortunately, because they are smaller and on the same level, dogs can cause serious injuries to children. 

 

When Would Someone File a Dog Bite Lawsuit?

Do you have other potential legal liabilities as a dog owner? You may!

While our state adheres to an owner’s strict liability when their dog bites someone, in some cases, injuries can be severe, and an injured victim may try to prove the owner was negligent.

In a dog bite lawsuit, negligence requires proof that the owner was aware of their dog’s dangerous or vicious tendencies and failed to control their animal. If the dog bite claim is successful, the victim can recover a full range of economic and non-economic damages like pain and suffering.

A dog owner can also face criminal charges for “harboring a dangerous dog.” Dangerous dogs have a history or propensity for attacking or injuring people or other domestic animals without provocation. Furthermore, a dog that has severely injured or attacked a person or another domestic animal off the owner’s property or has been used to commit a crime will also be considered a dangerous dog. 

 

What Can You Do If You’re Facing a Dog Bite Lawsuit?

If you are facing a dog bite lawsuit, you have some legal defenses available to you. 

For instance, your dog may have escaped your properly fenced property, or the victim trespassed on your property. The injured individual may have provoked your dog and was wholly or partially to blame for their injuries. 

Pennsylvania’s comparative negligence rules will apply If the injured party had some level of responsibility for their injuries. If the injured person’s share of fault was found to be 50 percent or less than yours as the dog’s owner, compensation will be reduced by the court in proportion to their percentage of fault. If they were found to be 51 percent at fault or more, they may not be able to recover any compensation at all. 

But dog bite claims can be very fact and evidence reliant. This is when it is critical to have the assistance of an experienced Newtown Square dog bite attorney to ensure your legal rights are being protected. 

 

Getting the Help of an Experienced Newtown Square Dog Bite Attorney

If you have been involved in a dog bite incident, the experienced Newtown Square dog bite attorneys at Silver & Silver can help protect your legal rights. Call us at (610) 638-7255 or contact us through our website to schedule a free consultation. 

 

Disclosure:

This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with the Law Offices of Silver and Silver, we are not your legal representatives.