Central Pa. Man Sued by Deliverywoman Over Dog Attack: What You Need to Know
Dog bites can be a serious issue, leading to significant physical and emotional trauma. In Pennsylvania, dog owners have a legal responsibility to control their animals and prevent them from causing harm. When they fail to do so, victims can pursue legal action to recover compensation for their injuries. A recent case in Central Pennsylvania highlights this issue, where a deliverywoman is suing a man after allegedly being attacked by his dogs.
The Case: Central Pa. Man Sued by Deliverywoman
A deliverywoman is suing a Central Pennsylvania man, alleging she was attacked by his dogs while making a delivery. Mandy Bitting was making a delivery for a company that contracts on behalf of Federal Express when she was attacked by three dogs believed to be boxers. The lawsuit, filed in Dauphin County Common Pleas Court, alleges that the attack left her physically and psychologically injured.
Pennsylvania Dog Bite Law: What You Need to Know
Pennsylvania law holds dog owners responsible for the actions of their pets, but the extent of that responsibility can vary depending on the circumstances. Here’s a breakdown of key aspects of Pennsylvania dog bite law:
- Strict Liability: Pennsylvania has a “strict liability” rule when it comes to medical expenses. This means that if a dog bites someone, the owner is responsible for the cost of the victim’s necessary medical treatment, regardless of whether the owner was negligent. To recover other damages, such as pain and suffering or lost income, the victim needs to prove the owner was negligent.
- Negligence: To prove negligence, the victim must show that the owner knew their dog had “unmistakable vicious tendencies” and failed to take reasonable steps to properly control the animal. Evidence of vicious tendencies can include previous incidents of aggression, growling, or attempts to bite.
- Dangerous Dogs: Pennsylvania law has specific provisions for “dangerous dogs.” A dog can be declared dangerous if it has a history of attacking people or domestic animals. Owners of dangerous dogs are required to take extra precautions, such as maintaining liability insurance, confining the dog in a secure enclosure, and posting warning signs.
- ** Statute of Limitations:** In Pennsylvania, the statute of limitations for personal injury lawsuits, including dog bite cases, is two years from the date of the injury. This means that the victim must file a lawsuit within two years of the incident, or they will lose their right to sue.
Liability for Delivery Drivers
Delivery drivers, such as those working for FedEx, UPS, Amazon, and other services, face a higher risk of dog bites due to the nature of their job. Pennsylvania law recognizes the concept of “implied invitation” when it comes to delivery drivers, meaning that they have a right to be on a property to make deliveries. This can strengthen their case if they are bitten by a dog while performing their duties.
Dog owners owe a duty to the public to keep their dogs under reasonable control to prevent foreseeable damage to those who come upon their property, even by accident.
What to Do After a Dog Bite
If you are bitten by a dog, it’s important to take the following steps:
- Seek Medical Attention: Get immediate medical attention, even if the bite seems minor. Dog bites can cause serious infections.
- Report the Bite: Report the bite to the local animal control agency or police department. This will help create a record of the incident and ensure that the dog is properly vaccinated and monitored.
- Identify the Dog and Owner: If possible, identify the dog and its owner. Get the owner’s name, address, and insurance information.
- Document the Injury: Take photos of the bite wound and any other injuries you sustained.
- Contact an Attorney: Contact a personal injury attorney who specializes in dog bite cases. An attorney can help you understand your rights and options and pursue compensation for your injuries.
Defenses in a Dog Bite Case
Dog owners may raise certain defenses in a dog bite case, such as:
- Provocation: The owner may argue that the victim provoked the dog, causing it to bite.
- Trespassing: The owner may argue that the victim was trespassing on their property when the bite occurred.
- Assumption of Risk: The owner may argue that the victim assumed the risk of being bitten by knowingly interacting with a dog with a known history of aggression.
Compensation in a Dog Bite Case
If you are successful in a dog bite case, you may be able to recover compensation for:
- Medical Expenses: This includes the cost of treatment for your injuries, such as emergency room visits, surgery, physical therapy, and medication.
- Lost Wages: This includes any income you lost as a result of being unable to work due to your injuries.
- Pain and Suffering: This includes compensation for the physical pain and emotional distress you experienced as a result of the dog bite.
- Property Damage: This includes any damage to your personal property, such as clothing or accessories, that was caused by the dog bite.
- Punitive Damages: In some cases, you may be able to recover punitive damages if the owner’s conduct was particularly egregious or reckless.
Recent Changes to Pennsylvania Dog Law
Pennsylvania has recently updated its dog laws to increase penalties for owners of dangerous dogs and improve public safety. These changes include increased fines for failing to license a dog and stricter requirements for kennels and breeders.
Seeking Legal Assistance
If you or a loved one has been injured by a dog bite in Central Pennsylvania, it is crucial to seek legal assistance from an experienced personal injury attorney. A knowledgeable attorney can evaluate your case, explain your rights, and help you pursue the compensation you deserve.
Disclaimer: This blog post is for informational purposes only and should not be considered legal advice. If you have been injured by a dog bite, you should consult with an attorney to discuss your specific situation.