Understanding Dog Bite Liability in Pennsylvania

Pennsylvania takes a unique hybrid approach to dog bite liability

Did you know that dogs only sweat through their paws? 

It’s the sort of fun fact that many Pennsylvanians probably know, given the state’s love for dogs. In fact, nearly 39 percent of households in Pennsylvania have at least one dog, according to the World Population Review.

With so many dogs in Pennsylvania, dog bites are bound to happen. Fortunately, Enjuris is here to help you navigate the state's dog bite laws, ensuring you know how to avoid liability and seek compensation if you're injured.

Dog bite statistics in Pennsylvania

According to the World Health Organization (WHO), more than 4.5 million people are bitten by dogs every year in the United States, with more than 800,000 of those requiring medical attention.

While dog bite statistics aren’t well kept in Pennsylvania, Philadelphia was recently named one of the worst cities in America when it comes to dog attacks on Postal Service employees. In 2023 alone, there were 34 reported dog attacks on postal employees in Philadelphia.

Pennsylvania's dog bite statute

When it comes to dog bites, most states apply one of two legal frameworks:

• Strict liability: In states with strict liability laws, a dog owner is liable for a bite, regardless of whether the dog has shown aggressive behavior in the past.
• One-bite rule: In states that follow the one-bite rule, an owner is only responsible for a dog bite if they knew or should have known about the dog’s violent tendencies.

Pennsylvania takes a unique hybrid approach. Under 3 Pa. Stat. Ann. § 459-502(b)(1), if a dog bites or attacks someone, the owner is strictly liable for all of the victim's related medical costs. However, the law does not automatically hold the owner responsible for other damages, such as pain and suffering or lost income.

To recover damages beyond medical expenses, the victim must prove that the dog owner was negligent. Pennsylvania courts have established specific criteria for proving negligence in dog bite cases. The victim must demonstrate that the owner:

• Knew the dog had "unmistakably vicious tendencies," and
• Failed to properly control the dog.

Let’s look at a hypothetical:

Defenses to dog bite lawsuits in Pennsylvania

While Pennsylvania law tends to favor dog bite victims, dog owners do have some potential defenses. These include:

• The victim was trespassing at the time of the injury: Strict liability for dog bites does not apply if the victim was unlawfully on the property when they were bitten. However, the owner might still face negligence claims if it’s found they did not take reasonable steps to prevent foreseeable harm. 
• The victim provoked the dog: Proving provocation requires evidence that the victim’s actions directly contributed to the aggressive response from the dog. The challenge in these cases lies in demonstrating the nature of the provocation and establishing a direct link to the dog’s response.

Understanding injuries, infections, and damages

Dog bites can cause a range of injuries, including broken bones, nerve damage, puncture wounds, and lacerations. 

Additionally, dog bites can lead to serious infections due to the bacteria present in a dog's mouth. Some common infections include:

• Capnocytophaga infection: This is caused by Capnocytophaga bacteria, which are found in dogs' mouths and can lead to severe complications, especially in individuals with weakened immune systems.
• Pasteurellosis: An infection caused by Pasteurella bacteria, resulting in painful swelling, redness, and warmth around the bite wound.
• Rabies: Although rare in the U.S., rabies is a deadly viral infection that can be transmitted through the saliva of an infected dog.
• Tetanus: Caused by Clostridium tetani bacteria, tetanus can develop from a deep puncture wound, leading to muscle stiffness and spasms.

While most dog bites are not life-threatening, fatalities can occur, particularly among children and the elderly.

As mentioned at the top of this article, under Pennsylvania law, if a dog bites or attacks someone, the owner is strictly liable for all of the victim's related medical costs. However, the law does not automatically hold the owner responsible for other damages, such as pain and suffering or lost income.

Do homeowners’ insurance policies cover dog bites in Pennsylvania?

Most homeowners' insurance policies do cover dog bite liabilities, typically up to a certain limit, usually ranging from $100,000 to $300,000. If the claim exceeds this limit, the dog owner may be responsible for paying the difference out of pocket.

Here are a few key points to consider:

• Breed exclusions: Some homeowners’ insurance policies exclude coverage for certain dog breeds considered high-risk. If you're a dog owner, it's important to review your policy for any breed restrictions. If you're a dog bite victim, it’s wise to request a copy of the dog owner’s insurance policy to understand what’s covered.
• Medical payments coverage: This part of a homeowner’s policy typically covers medical expenses for individuals injured on the homeowner’s property. It may also extend to cover injuries that occur off the property, such as at a park or other public place.
• Umbrella policies: An optional umbrella policy can provide additional coverage if the homeowner’s insurance does not fully cover dog bite injuries or if the claim exceeds the standard policy limits.

Can a dog be euthanized after a bite incident in Pennsylvania?

Yes, in Pennsylvania, a dog can be ordered to be euthanized if it is involved in a severe attack or is deemed dangerous under the law. Under 3 Pa. Stat. Ann. § 459-502-A, a dog may be classified as “dangerous” if it has done one or more of the following:

• Inflicted severe injury on a human being without provocation on public or private property.
• Killed or inflicted severe injury on a domestic animal without provocation while off the owner’s property.
• Been used in the commission of a crime.
• Attacked or tried to attack someone while the dog was engaged in a fight with another animal.

If a dog is declared dangerous under these conditions, the owner may face strict requirements, including confinement and registration of the dog. However, if the dog is deemed to pose a significant threat to public safety, the court may order that the dog be euthanized.

In severe cases, where the dog has caused serious injury or death, euthanasia may be seen as a necessary measure to prevent future attacks. The decision to euthanize a dog is generally made by a judge following a thorough investigation and a hearing, during which evidence of the dog's behavior and the circumstances of the attack are presented.

Statute of limitations for Pennsylvania dog bites

If you’ve been bitten by a dog in Pennsylvania, it’s important to be aware of the statute of limitations, which sets the deadline for filing a lawsuit. 

In Pennsylvania, the statute of limitations for personal injury cases, including dog bites, is generally two years from the date of the incident. This means you have two years from the day you were bitten to file a lawsuit against the dog owner for any injuries or damages you sustained.

Failing to file within this two-year period typically means you lose your right to seek compensation through the court system. There are very few exceptions to this rule, so it's important to meet with an attorney as soon as possible following a dog bite.