PENNSYLVANIA DOG LAW

Every year nearly 5 million people are bitten by dogs, and close to half of those victims are children.  1 in 5 people that are victims of dog bites require medical attention, which equates to about 900,000 Americans that received medical attention for dog bites in the past year. 

In 2012, dog bites accounted for approximately one third of settlements of all homeowner’s insurance liability claims.  Pennsylvania ranked fifth in states with the most dog bite insurance claims. 

Pennsylvania law does not impose absolute liability on an owner for dog attacks, not even in respect to a dog having vicious tendencies of which the owner is aware.  The plaintiff will need to prove negligence in order for the defendant to be found accountable for any injuries sustained because of a dog bite.  In order to prove a dog bite case, historically the claimant had to prove that the dog had bitten at least once in the past.  However, the law in Pennsylvania now is the following:  If a dog has any vicious propensities, regardless of whether it has bitten in the past, the dog’s actual bite upon you can serve as the standard for determining whether the owner was negligent.

Liability for a dog attack may even fall to a landlord.  A landlord may be held liable for injuries by animals owned and maintained by a tenant when the landlord has knowledge of the presence of the dangerous animal and where he or she has the right to control or remove the animal by retaking possession of the premises. 

            Your claim for damages based on your injuries or disfigurement will be based on a theory of negligence, and will be very complex.  You need an attorney that has experience in handling the difficulties of these types of claims.   We will review the facts and analyze the law to provide you with a thorough evaluation of your claims. 

If you or a loved one suffered an injury or disfigurement from a dog bite, please do not hesitate to contact the law office of Attorney Douglas V. Stoehr.  Attorney Doug Stoehr and Attorney Aaron Ling have experience in handling dog bite cases, and will thoroughly evaluate your claim.   Call us today at (814) 946-4100 for a free initial consultation.  

Dog Attack in Everett, PA

Everett, PA recently made national news when the Seattle Times covered a story about a vicious dog attack in the small town.  The article was originally written by Jennifer Sullivan on 8/27/2012 and the link to the story may be found here.

Everett police say two dogs escaped from their yard and went on a “chomping spree” Saturday, attacking five people and killing a cat.
Police say the first person was attacked at 6:30 a.m. in the 1300 block of Lombard Avenue. Officers found a 44-year-old man with bites to his legs and back. The man told officers that the two dogs crossed the street and attacked him. The attack was interrupted by a passerby who scared the dogs away, police said.
The victim was hospitalized for non-life-threatening injuries.
Police tracked the dogs down and one officer was bitten on the leg. The dogs, one of which killed a cat in front of police, ran off when the officer used his Taser on them
Officers soon learned of other victims of dog bites: a 27-year-old woman, a 54-year-old woman and a 44-year-old man.
The 27-year-old woman was bitten while after she got out of her car at work while the 54-year-old woman was attacked by the dogs as she was outside in her driveway.  When the dogs bit her, the woman shouted and waved her arms and the dogs were scared away.  After the dogs left the woman noticed her pants had punctures in them, but she was not injured.
The man was bitten while he was sleeping in the 1800 block of Broadway. The man walked to Providence Regional Medical Center for injuries to his feet. The man reportedly scared the dogs away by yelling and swinging his backpack, police said.
While tracking the animals, officers used their PA systems to warn residents of the dangerous dogs.
Police caught up with the dogs, again, in the 1500 block of Grand Avenue. Officers used a Taser on one dog, a pitbull. The dog died during officers’ attempts to restrain it, according to police spokesman Officer Aaron Snell. The second dog, a boxer, was found after it returned to its home in the 1700 block of Lombard.
The dog was impounded by Everett Animal Services for quarantine. No decision has been made on whether it will be euthanized.
The dogs were deemed potentially dangerous dogs in August 2011 by Everett Animal Services.  No charges have been filed against the owners of the dogs.  An investigation is ongoing.

Vicious Dog Ordinance in Pottsville

Earlier in the summer, this blog talked about the possibility of changing dog laws in Pottsville, PA after a wave of dog attacks hit the area. As a result of a town hall meeting, the city has introduced a new "vicious dog ordinance".  This ordinance is not breed-specific, but would require owners of dogs viewed as vicious to take extra measures, such as paying a fine, applying for a special license, and putting up signs around their property.  If these measures, along with others listed in the ordinance, are broken three times, the dog must be euthanized at the owner's expense. This ordinance will be voted on by the City Council on August 8th.

Most of the time, dogs are faithful and loving household pets that interact well with family, friends, and neighbors.  However, sometimes dogs can attack others without warning.  These attacks can be extensive and lead not only to physical injury, but also psychological issues.  If you have been the victim of a dog attack and would like to consult with a lawyer, Attorney Doug Stoehr would be willing to meet with you. Please contact our law office to get more information or to set up a time for your consultation.

Pottsville, PA To Consider Breed-Specific Dog Bans

In light of the many recent dog attacks that have occurred in Pottsville, PA, the city is considering changing their current animal laws to exclude certain breeds of dogs that are traditionally violent and aggressive.  Residents of Pottsville have reported three pit bull attacks within the past several weeks, two against children and one against an elderly man.  The issue is going to be discussed at an upcoming Town Hall meeting.

Dog bites can be both physically and psychologically damaging for the victim.  In addition to medical expenses, victims can suffer from anxiety and fear of other’s and their own household pets, and may have trouble enjoying formerly pleasant activities, such as taking a walk outside or visiting friends and neighbors due to fear of a future attack.  Attorney Doug Stoehr has litigated dog bite claims before with success for the victim.  If you would like to schedule a free consultation with Attorney Stoehr, please contact our law office to set up an appointment.

The High Price of Dog Attacks

An article by Forbes magazine recently broke down the average costs of dog attacks for dog owners. According to the Insurance Information Institute, the average dog bite claim was a little over $26,000, with payouts rising and increasing over 35% since 2003. The magazine attributes this rise in payout amounts to the increase in medical costs and larger jury and judge verdicts. If your dog bites another person, you could be tried under both negligence and dog-bite statutes, depending on where you live. If you dog is a previous offender, you may also have trouble getting home insurance. If you rent your house or apartment, also look into renter’s insurance, since you will be responsible for the dog attack claim, even if you do not own the property.

To avoid dog bite claims, it is best to choose a breed of dog that is not traditionally aggressive. Active socialization to people and other animals, obedience training, and keeping dogs restrained, whether in a fenced-in yard or by using a leash, are all effective ways of avoiding a potentially expensive dog bite claim. If you or a loved one has been the victim of a dog bite and would like to consult with Attorney Stoehr at the Law Offices of Attorney Doug Stoehr, please contact our law office.

Harrisburg Sees Wave of Dog Attacks

Recently, Harrisburg has seen a sizeable increase in dog attacks. Within the past month, the city has reported attacks on both people and dogs, including an 80 year old woman and a beloved family pet. The bulk of these attacks have been attributed to pit bulls, a traditionally aggressive and dangerous breed of dog by many police officers and dog experts.

Attorney Stoehr has experiencing litigating dog bite claims, and recently settled a $300,000 claim involving a pit bull attack that seriously injured a young child, resulting in several large wounds and chronic psychological injuries. Dogs can be beloved household pets, but they can also do serious harm to other people if not properly trained or taken care of. Please contact our law office for a free consultation if you or a loved one has been a victim of a dog attack. Attorney Doug Stoehr would be happy to meet with you to discuss a possible claim.