Montgomery County Dog Bite Claims: What You Need to Know

A dog bite can leave you with serious physical injuries, emotional trauma, and mounting medical bills. If this has happened to you in Montgomery County, Pennsylvania, you are likely feeling overwhelmed and unsure of what steps to take next.

We understand the urgency of your situation and are here to provide clear information about your rights and options.

Understanding Pennsylvania Dog Bite Laws

Pennsylvania law protects dog bite victims. Dog owners have a responsibility to control their animals. When they fail to do so, and someone gets hurt, the owner can be held accountable.

There are generally two types of dog bite claims in Pennsylvania: severe injury claims and non-severe injury claims. For severe injuries, such as broken bones, deep puncture wounds, or injuries requiring surgery, the dog owner can be held responsible for all damages. This is outlined in the Pennsylvania Dog Law, specifically 3 P.S. § 459-502-A. This section states that if a dog inflicts severe injury, the owner is liable for all medical and veterinary costs and other damages.

Even if the injury is not considered "severe," you may still have a claim. In these cases, the owner can be held liable for medical expenses if the dog had a known history of aggressive behavior or if the owner was negligent in controlling the animal. For example, if a dog frequently escapes its yard and bites someone on Main Street in Norristown, the owner could be considered negligent.

What to Do Immediately After a Dog Bite

Your actions immediately after a dog bite are very important, both for your health and for any potential claim.

1. Seek Medical Attention: Even if the bite seems minor, dog bites can lead to infections. Go to an emergency room like Einstein Medical Center Montgomery or your primary care physician. Follow all medical advice.
2. Identify the Dog and Owner: If possible, get the dog owner's name, address, and phone number. Also, try to get information about the dog, such as its breed and vaccination status.
3. Collect Evidence: Take photos of your injuries, the dog, the location of the attack (for example, if it happened near Valley Forge National Historical Park), and any torn clothing. Write down everything you remember about the incident.
4. Report the Bite: Contact Montgomery County Animal Control or your local police department. Reporting the bite creates an official record of the incident.
5. Do Not Discuss Your Case with Others: Avoid speaking with the dog owner's insurance company without legal advice. They may try to get you to say things that could hurt your claim.

Reporting a Dog Bite in Montgomery County

In Montgomery County, reports of dog bites are often handled by local police departments or Montgomery County Animal Control. Reporting the incident helps to establish a record and can prompt an investigation into the dog's history. This is crucial for your claim, as it can help demonstrate the dog's prior behavior if there is a history of aggression.

Under 3 P.S. § 459-305, the state law regarding confinement of dogs, if a dog bites someone, it may be subject to a period of quarantine. This is a public health measure and also creates documentation of the incident.

Homeowner's Insurance and Dog Bite Claims

Most dog bite claims are paid through the dog owner's homeowner's insurance policy. This is why it is important to get the owner's contact and insurance information if you can. It is also why you should be careful about speaking with an insurance adjuster without an attorney. The insurance company represents the dog owner, not you. They are often looking to minimize the amount they pay out.

A homeowner's insurance policy typically covers the damages resulting from a dog bite, including medical bills, lost wages, and pain and suffering. However, some policies may have exclusions for certain dog breeds or for dogs with a history of aggression. An experienced personal injury lawyer can investigate the available insurance coverage.

Navigating Limited Tort vs. Full Tort in Dog Bite Cases

While often associated with car accidents, the concepts of limited tort and full tort do not apply in the same way to dog bite cases. Limited tort and full tort apply specifically to recovering for pain and suffering in motor vehicle accident claims under 75 Pa. C.S. § 1705. For dog bites, your ability to recover for pain and suffering is not restricted by a limited tort election from an auto insurance policy. If you have been severely injured, you can pursue full damages.

The Statute of Limitations for Dog Bite Claims

Time is critical in Pennsylvania personal injury claims. For most personal injury cases, including dog bites, there is a strict deadline to file a lawsuit. This deadline is known as the statute of limitations. In Pennsylvania, you generally have two years from the date of the dog bite to file a lawsuit. This rule is found in 42 Pa. C.S. § 5524. If you miss this deadline, you may lose your right to pursue compensation entirely.

Two years may seem like a long time, but it passes quickly when you are focusing on your recovery. Gathering evidence, investigating the dog's history, and negotiating with insurance companies all take time. It is important to speak with a Montgomery County dog bite lawyer as soon as possible after an attack.

How a Montgomery County Dog Bite Lawyer Can Help

After a dog bite, you need someone on your side who understands Pennsylvania law and the local legal landscape. A lawyer can:

• Investigate the incident, including the dog's history and owner negligence.
• Gather necessary evidence, such as medical records and witness statements.
• Handle all communication with the dog owner and their insurance company.
• Negotiate for a fair recovery that accounts for all your damages.
• File a lawsuit if a fair recovery cannot be reached through negotiation.

We have experience helping victims throughout Montgomery County, from the busy streets of King of Prussia to the residential areas around Lansdale. We know the courts and the local animal control procedures.

What to do next

If you or a loved one has been bitten by a dog in Montgomery County, do not wait to seek legal guidance. Contact a personal injury attorney today to discuss your situation and understand your options.

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Frequently Asked Questions

What is the first thing I should do after a dog bite in Montgomery County?

Your first step should always be to seek medical attention immediately, even for seemingly minor bites. Dog bites can easily become infected, and prompt medical care is crucial. After that, report the incident to Montgomery County Animal Control or your local police.

Can I still make a claim if the dog bite wasn't

Yes, you may still have a claim. If the injury is not considered

Will I have to go to court for a dog bite claim?

Not every dog bite claim goes to court. Many cases are settled through negotiations with the dog owner's insurance company. However, if a fair resolution cannot be reached, filing a lawsuit may be necessary to protect your rights.

What kind of damages can I recover after a dog bite?

You may be able to recover for medical expenses, lost wages if you missed work, and for pain and suffering. The specific types of damages depend on the severity of your injuries and the facts of your case.

How long do I have to file a dog bite lawsuit in Pennsylvania?

In Pennsylvania, the statute of limitations for most personal injury claims, including dog bites, is two years from the date of the injury. This deadline is set by 42 Pa. C.S. § 5524. It is important to act quickly to preserve your right to file a claim.

What if the dog owner is a friend or family member?

It can be uncomfortable to pursue a claim against someone you know. However, dog bite claims are typically paid by the owner's homeowner's insurance policy, not directly out of their pocket. An attorney can help handle these sensitive situations.

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