I was attacked by a dog. Can I sue the owner for medical expenses, lost wages, and damages for pain and suffering?

Someone else (not the dog’s true owner) was watching the dog when it attacked me. Can I sue them, too?

Pennsylvania ranks 4th in the Nation for the highest number of pit bull dog attacks, and in 2009, Alleghany County, PA ranked highest in the Nation for pit bull bites and attacks. Other states that have a high number of dog attacks each year include ….

What is the one-bite rule?

Does Pennsylvania have a one-bite rule?

How much is my case worth? Can I sue for damages for pain and suffering from a dog attack?

Each case is different. There is no standard formula for putting a monetary value on dog bite cases. However, the value of your case depends a lot on the value your attorney brings to the case; the law firms resources for trial preparation, years’ of litigation experience, and passion for going after negligent dog owners and insurance companies.

To sue for damages (also commonly referred to as pain and suffering or damages for emotional distress) you need to prove dog owner negligence. Compensation above medical and legal expenses is known as tort damages. In addition to proving the dog’s owner was negligent in some way, you can only sue for tort damages in cases where serious injuries were suffered…

In unfortunate cases where a dog has killed someone you love, you can sue for wrongful death. In addition to medical bills, and tort damages, you may able to collect against future earnings, and damages based on loss of companionship or protection.

On January 10, 2010, a 22-year-old woman, Danielle Leven, was attacked and severely mauled by a friend’s pit bull. The unprovoked attack took place on the dog owner’s property and according to the Montgomery News, “Lansdale Police Sgt. Alex Kromdyk said nothing criminal occurred. He said one needs to show culpability in a negligent, reckless, knowing or intentional matter for a criminal charge.” Sgt. Kromdyk further stated, “There’s no culpability here.

We believe anyone mauled by a dog, permanently disfigured, or severely injured deserves their day in court and has a right to fair compensation. You need an attorney who will uncover the facts and prove your case – even when an investigating officer says “there’s no culpability here.”

I was severely injured by a dog so won’t my case be simple to prove and win damages?

Not necessarily. Many attorneys claim to be experts in handling dog bite cases; they may even boast an impressive settlement rate. But there is a big difference between getting a settlement and getting a fair settlement…

Pennsylvania Dog Owner Dog Attack Liability

In Pennsylvania, negligence has to be proven in dog attack and dog bite cases, as Pennsylvania does not impose absolute liability on dog owners. Further, a person that is injured by a so called “vicious or dangerous” dog has to prove that owner failed to take the proper precautions to protect others from the dog. This means that the victim of a dog bite and/or attack has to prove that the dog’s owner acted negligently.

Pennsylvania also recognizes that a person can assume the risk of a dog bite. Therefore, if a person ignores warnings that a dog may bite, whether through verbal or posted warnings or the dog growling and is subsequently bitten or attacked, the court may find that the person failed to heed the warnings and assumed the risk that he or she would be bitten.

How do I sue a dog owner for a dog bite attack in New Jersey?

New Jersey law requires the victim to prove three things before you can sue a dog owner for damages:

1. You must prove who owned the dog;
2. You must prove the attack took place on public property, or if the attack took place on private property that you were lawfully present (i.e., if you were trespassing on the dog owners’ property, you might not be able to sue); and
3. The burden of proof is on the victim to show that they were injured by the dog in question, and the extent of the injuries.

A bite does not have to occur in a dog attack. If a dog pursues a person and the person is injured in an effort to escape, you may be able to sue for medical costs. Other injuries that can result from non-bite attacks include head trauma and broken bones from being knocked down by a dog.

What is the one-bite rule — does New Jersey have a one-bite rule for dogs? New Jersey is a statutory strict liability state. This means dog owners can be held liable even for the first time their dog bites or attacks a human.

If you have been bitten or attacked by a dog in New Jersey, our personal injury dog bite attorneys can help you sue the owner of the dog for damages. Our lawyers know it can be difficult to file a claim against a friendly neighbor, family member, or other owner of a dog after an attack. The dog’s owner may try to convince you not to file a claim against them because their dog “never showed signs of aggression before.” But if you do not file a claim against a dog’s owner in a timely manner you could end up having to pay all your own medical expenses.