Pennsylvania Dog Bite Claims: What You Should Know

A dog bite or other dog attack can create several different legal issues under Pennsylvania law. The Pennsylvania Dog Law addresses matters such as medical-treatment costs, confinement after a bite and dangerous-dog proceedings, while a claim for additional civil damages may depend on negligence principles and the facts showing what the owner or keeper knew about the dog.

Does Pennsylvania Have a One-Bite Rule?

It is misleading to describe Pennsylvania law as a simple “one-bite rule.” A prior bite is not the only evidence that can establish dangerous propensities, and a prior incident does not automatically establish liability for every later injury. Pennsylvania appellate courts generally examine whether the dog displayed dangerous or vicious tendencies, whether the owner knew or had reason to know of those tendencies, and whether the owner failed to exercise reasonable care in response.

A dangerous propensity can involve behavior other than an actual prior bite. The evidence may include prior attacks, threatening behavior, attempts to bite, aggressive conduct and the circumstances known to the person responsible for the dog.

Medical Expenses Under the Pennsylvania Dog Law

Section 502 of Pennsylvania’s Dog Law provides that costs to a victim for medical treatment resulting from an attacking or biting dog must be paid fully by the dog’s owner or keeper. The statute also provides for confinement and isolation of a dog that bites or attacks a human so that appropriate medical information, including information concerning rabies, can be determined.

The statutory obligation concerning medical-treatment costs should not be confused with the separate legal requirements for recovering other damages such as lost income, pain and suffering or diminished earning capacity. Those claims can require proof under applicable tort law.

Negligence Claims Against a Dog Owner or Keeper

For a negligence claim based on a domestic dog’s dangerous tendencies, Pennsylvania courts have required evidence that the animal displayed dangerous or vicious propensities, that the defendant knew or had reason to know of those propensities, and that the defendant failed to act prudently in response. The inquiry is fact-specific.

Relevant evidence can include prior incidents, complaints, warnings, the manner in which the dog was ordinarily restrained, statements by the owner or keeper, veterinary or animal-control records, witness testimony and the circumstances immediately preceding the attack.

Pennsylvania Dangerous-Dog Proceedings

Pennsylvania’s Dog Law separately establishes procedures and offenses involving dangerous dogs. The General Assembly substantially amended the Dog Law in 2023. Under the current statute, a State dog warden or local police officer may pursue a dangerous-dog proceeding based on qualifying conduct, including certain unprovoked attacks or severe injuries. These regulatory and criminal provisions are related to public safety but are not a substitute for analyzing the elements of a civil damages claim.

What Should You Do After a Dog Bite or Attack?

Obtain appropriate medical care. Dog bites can involve infection, scarring, nerve damage and other injuries.
Report the incident. Depending on the circumstances, police, animal control, a State dog warden or health authorities may become involved.
Identify the dog and responsible persons. Obtain the owner’s or keeper’s information when it can be done safely.
Preserve evidence. Photograph injuries, damaged clothing and the location, and keep witness contact information.
Document prior behavior if known. Witnesses, neighbors, animal-control records and earlier complaints can become important.
Preserve financial records. Keep medical bills, wage-loss information and other records of accident-related losses.
Determine available insurance. Homeowners, renters or other liability coverage may apply, depending on the policy and circumstances.

What Damages May Be Available?

Depending on the legal theory and evidence, a dog-attack claim may involve medical expenses and, where legally recoverable, lost income, diminished earning capacity, pain and suffering, scarring or disfigurement, and other damages caused by the attack. Punitive damages are not automatic and require the heightened proof applicable under Pennsylvania law.

Can Comparative Negligence Affect a Dog Bite Claim?

Potentially. A defendant may contend that the injured person’s conduct contributed to the incident. Pennsylvania’s comparative-negligence statute can affect negligence claims, but whether the injured person was negligent must be supported by evidence; it should not be assumed merely because the person interacted with or approached a dog.

How Long Do You Have to File a Pennsylvania Dog Bite Lawsuit?

Pennsylvania generally applies a two-year limitations period to actions seeking damages for personal injuries, subject to exceptions and other rules that can affect a particular claim. Claims involving minors or governmental defendants can present additional issues. Review our guide to the Pennsylvania personal injury statute of limitations rather than waiting until a deadline is approaching.

Related Pennsylvania Injury Resources

Talk with a Pennsylvania Personal Injury Attorney

Learn more about Matthew R. Zwick and ZwickLaw’s Pennsylvania personal injury practice. To discuss a dog bite or attack, call (814) 371-6400, email mrz@zwick-law.com, or use the ZwickLaw contact page.

This article provides general information and is not legal advice. Dog-attack claims are fact-specific, and applicable legal theories, insurance coverage and deadlines should be evaluated under current Pennsylvania law.