Dog Bites

The Commonwealth of Pennsylvania provides strict liability for any injuries caused by dog bites occurring to humans or other animals if the nature of the injuries are extremely severe; if the dog had previously attacked a person or animal or ever showed dangerous behavior. The Commonwealth of Pennsylvania’s laws apply to Chester County dog bite cases also. There is a common perception in Pennsylvania that the “one dog bite” rule applies. This comes from the belief that the owner of the dog would not be aware of an animal’s vicious propensities until it actually attacks someone. However, Pennsylvania law does not follow the “one bite rule”. Pennsylvania law applies to an injury whether or not it was caused by a first dog bite and only proof of a dangerous propensity of the animal is required.

About Dog Bites in Chester County, Pennsylvania

If a dog has a dangerous propensity, it means merely in Chester County that it is the tendency of the dog to bite a person without provocation. Pennsylvania’s dog bite laws create different categories of victims and treat each differently. For example, if the dog is a first time biter, the law offers two remedies that depend upon the degree of the dog bite injury. Injuries are classified as either “severe” or “non-severe.” A severe injury is a physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. If the person is severely injured, they may make a claim against the dog owner for medical expenses and all other losses and legal damages. Keep in mind, however, that it must be proven that the victim had nothing to do with provoking the dog. Under this example, it does not matter whether the dog had previously bitten or not.

If a person falls into the category of “non-severely injured victim”, the remedy available is limited to only repayment of medical expenses. This is again a strict liability instance. All that the victim must show is that he incurred medical expenses from the bite. Both severely injured and non-severely injured victims in Chester County, Pennsylvania can make a claim in the Court of Common Pleas of Chester County for negligence by filing a negligence lawsuit for personal injury.

The Pennsylvania Boroughs and Townships in Chester County such as West Chester, King of Prussia, Honey Brook, Coatesville, Thorndale, Downingtown, Lionville, Exton, Frazer, Malvern, Paoli, Phoenixville, Devon, Berwyn, West Goshen, Chadds Ford, Kennett Square, Avondale, West Grove, Oxford, and Parkesburg all have dog bite ordinances which are strictly enforced and can be applied to help win a case.

Dog Laws in Chester County

It is unlawful for an owner of a dog to fail to keep a dog at all times either (1) confined within his premises; (2) firmly secured by means of a collar or chain or other device so that it cannot stray beyond the premises on which it is secured; or be (3) under the reasonable control of some person, when engaged in lawful hunting, exhibition or field training. There are even certain species of dogs which are considered to be dangerous per se such as the Pit-bull or Doberman Pincer.

Steve Karp and Peter Hart have handled many dog bite cases over their thirty year career here in Chester County. Please contact us.