Have you or a loved one have been attacked or bitten by another person’s dog near Wilkes-Barre Pennsylvania? If so, you may have a claim for compensation for your injuries and you should promptly speak with an attorney to preserve your rights and fight for a fair recovery.
Dog bites can cause both physical and emotional trauma. Often, a dog owner’s home owner’s insurance or renter’s insurance policies will cover injuries resulting from a dog bite or animal attack.
Lampman Law accepts Pennsylvania dog bite cases on a signed contingency fee agreement. This means that we do not seek payment, or any fee, unless you receive compensation. Therefore, at no cost to you we will investigate your case and fight to recover for the damages you have suffered such as pain and suffering, medical bills, scarring, lost wages, and emotional distress.
Call us now at 570-371-3737 to speak with us and to schedule a free and friendly consultation in our office located on Public Square in Wilkes-Barre, PA so that we can evaluate your dog bite or animal attack case. Lampman Law is here to help you and ready to fight for the justice you deserve.
Pennsylvania is not a strict liability jurisdiction when dog bites occur. This means that if an owner does not have reason to know of a dog’s dangerous propensities, the owner may not liable for a dog bite injury.
In the situation where an owner does not have reason to know that their dog is vicious, will attack, or is otherwise dangerous, the injured party will have to prove that the dog owner was negligent in failing to prevent the animal attack or intentionally caused the animal to do harm.
If an animal owner has reason to know that his/her animal is dangerous or has dangerous propensities, he/she is required to exercise reasonable care to secure the dog and prevent it from injuring others.
The law does not distinguish between a vicious animal that is dangerous and an animal that can be dangerous because of its mischievousness or playfulness. If a dog owner does not take precautions to ensure his/her dog does not harm another person when the owner has reason to know the dog can be dangerous, the owner would be liable for your injuries.
One common way a person can be negligent in failing to prevent an animal attack is by not placing their dog on a leash in violation of Pennsylvania’s leash law. There are a variety of ways that a person can be negligent though and every case is different. It is important to have your case reviewed by an experienced Pennsylvania dog bite attorney.
Pennsylvania does not consider any breed of more dangerous than another breed. While there may be stereotypes in our society that label certain breeds of dogs more dangerous, these stereotypes are not recognized by the law. Therefore, the fact that you are attacked by a certain breed of dog usually has no effect on a case.
Pennsylvania dog bite liability also stretches to third parties. For example, if you are attacked or bitten by a dog while that dog is in the care of a dog walking service, you could recover damages from the dog walking service.
A dog’s owner may not be liable for your injuries however in the limited situation where (1) the dog is known to be docile and otherwise not dangerous; (2) you are the first person the dog has ever attacked; and (3) the dog was properly restrained. Additionally, if you are trespassing on someone’s property and are attacked by a dog, you may not be able to recover damages.
You have two (2) years from the date of the animal attack to file a lawsuit to recover damages. If you do not file a lawsuit within two (2) years from the date of the animal attack, you may be prevented from pursuing any claims. You should contact a lawyer as soon as you are able after an attack to preserve your rights.
There are certain limited exceptions to this statute of limitations. For example, if a victim is a minor, a lawsuit must be filed within two (2) years of the victim’s eighteenth (18th) birthday. However, it is best to contact a lawyer as soon as possible so you do not risk losing your ability to file a lawsuit.