Linggo, Oktubre 5, 2014

Pennsylvania Dog Bite Incident Suggests Wisdom of Abandoning One Bite Rule

The Pocono Record reports that a pit bull attack on a little girl in Pennsylvania this June led to her week-long stay at the Children's Hospital of Philadelphia. Only 14 months old when her aunt's pit bull grabbed hold of her cheek when no one was looking, she has by now largely recovered, though there are still scars on her face and some permanent nerve damage. Though her life was never thought in danger, she did come close to losing her left eye, but thankfully it was saved. Now her mother has expressed concerns that the dog may still be living at her sister's house and could potentially hurt someone else next.


Pennsylvania Dog Bite Law

For years, Pennsylvania had the "one bite rule," whereby an owner was only liable for damages done it they had knowledge of the dog having previously bitten another person. Now that law has been changed, however, and even a first bite can be grounds for a lawsuit if the owner knew of the dog's vicious temperament or if he or she did not properly restrain the dog. Thus unprovoked attacks in many cases that once were exempt from suit are no longer so. Harboring a dangerous dog or violating without adequate reason the "leash law" are grounds just as sufficient as a previous record of attack.
The Seriousness of Dog Bites

While some bites or scratches from dogs and other animals may be minor and not lead to any serious consequences or merit any legal action, many others are severe, dangerous, and require expensive medical attention. If bit by an unknown dog, one will immediately worry about rabies or other diseases that the animal may carry. Infection in the wound, life-long scars, the trauma of the event itself, and all associated financial loss (both direct expenses and loss of income) are impacts of dog attacks and bites.


Things to Consider if You Have Been Attacked by a Dog

If someone else's dog has attacked you without provocation, and you have serious consequences to deal with, there are a number of things to consider. It may be that a relative's dog attacked you or a family member, and you will be able to simply discuss things with them and resolve the issue. But when a total stranger's dog attacks, the chances are increased that court action will be necessary. If the owner did not properly restrain the dog, knew of its violent nature before it attacked you, or knew of a previous attack the animal had committed, then it is clearly his or her responsibility to take care of the damages inflicted upon you by the animal. If the person will not step forward to compensate you willingly, then legal action may be needed to secure for you full and just compensation.


When to File a Lawsuit

Pennsylvania has a two-year Statute of Limitations on all negligence lawsuits, including those related to dog attacks. The victim must file suit within that period or no legal grounds for compensation will remain. The exception to this is when a minor is attacked by a dog- in that case, the limitation is two years from the victim's 18th birthday. If you have been seriously injured by a dog bite or dog attack, there are dog bite lawyers who have great experience in obtaining for you the compensation levels that the law has established. You need not needlessly suffer the consequences of the negligence of another without reimbursement.