Montgomery County PA $479,000.00
A Montgomery County Pennsylvania dog bite victim received a $479,000.00 settlement after a dog attack near Lansdale, PA. A German Shepherd was running loose in a development and bit the young boy without any provocation. The Montgomery County resident sustained severe lacerations to his face.
Surgery was performed on the PA dog bite victim. A debridement was administered to attempt to reduce the facial scars. He also underwent a reconstruction of the left lateral commissure. Over the course of 18 months he wore 3 different types of facial splints. A 2nd surgery was required - a left oral commissurotomy with dermabrasion.
An investigation revealed that the German Shepherd had committed numerous unprovoked Pennsylvania dog attacks in the past this brought new hope in the client case. Attorney Newell then successfully argued that this German Shepherd was truly a "dangerous dog" and, that its owners were guilty of gross negligence in allowing the dog to run free in the neighborhood which resulted in a bite to the victim's face.
The Montgomery County PA dog bite lawyer obtained $479,000.00 in a structured settlement from the Defendant's homeowner's insurance company. The payout for the injury victim was approved by the Orphans Court of Montgomery County.
Please CONTACT ME to have a Pennsylvania dog bite attorney with 28 years of experience review your PA dog bite attack claim.
Bucks County PA $148,544.00
A Bucks County Pennsylvania dog bite attack resulted in a total settlement payout to the victim of $148,544.00. A family took their 2 children to a family gathering. One of the residents owned a rottweiler that viciously attacked a 4 year-old boy without any provocation.
The PA dog bite victim was rushed to St. Mary's Medical Center where surgery was needed to close the facial dog bite wounds. The plastic surgeon used approximately 30 stitches to close the facial lacerations. Scar excision surgery was later performed to remove a build-up of scar tissue. A third surgical procedure was then required to attempt to minimize and reduce the scar surface.
The Bucks County PA dog bite lawyer thoroughly investigated the rottweiler attack and thru aggressive settlement negotiation tactics was able to obtain a total payout of $148,544.00 for the dog bite victim.
Monroe County PA $135,255.27
A Monroe County PA dog bite victim received a total settlement payment of $135,255.27 after an April 2010 dog attack in Albrightsville Pennsylvania. The 2 year-old girl was dropped off at her aunt's house to be babysat. Her aunt assured her mother that their mixed breed dog would be secluded in another room as it had exhibited prior aggressive tendencies.
Unfortunately, someone let the dog loose and it bit the Poconos dog bite victim in the face. The little girl was taken to Pocono Medical Center in East Stroudsburg, PA. An Easton plastic surgeon was called to operate on the dog bite victim. He administered 6 injections into her face and then used approximately 40 stitches to close the facial wounds.
The Monroe County PA dog bite lawyer obtained permission from Monroe County Court of Common Pleas to accept a structured settlement from the defendant's homeowners insurance company totaling $135,255.27.
Northumberland County PA $101,000.00
A Northumberland County Pennsylvania dog incident case concluded with a policy limit settlement payment of $101,000.00. A woman volunteered to take a neighbor's food delivery into her home while the neighbor was away. When the woman returned, she went to retrieve the food while permitting her dog to run loose. As the Good Samaritan went to get the food, she tripped over her neighbor's dog which had run into her home.
The Kulpmont PA personal injury victim was taken to Shamokin Area Community Hospital. X-rays showed a severely fractured right ankle which required open reduction and internal fixation surgery. A 7 hole plate was installed with screws used to stabilize the seven fracture site. The surgery site became infected and 2 additional surgeries were needed to remove several screws.
The Pennsylvania dog bite attorney obtained the dog owner's renters insurance liability limit of $100,000.00, as well as the medical pay limit of $1,000.00
Lebanon County PA $101,000.00
A Lebanon County Pennsylvania dog bite victim obtained a $101,000.00 settlement after a pit bull attack in Palmyra PA. A young boy was visiting a friend's home when a pit bull came into the room and lunged at his face. The pit bull attack victim sustained a severe laceration to his mouth and jaw area. He was taken by ambulance to Hershey Medical Center in Hershey PA.
The Lebanon County PA dog bite victim underwent surgery which included nearly 100 stitches to repair the laceration internally and about the same number of sutures to close the wound externally. There was no apparent violation of the Pennsylvania Dog Law since the pit bull attack occurred in the Defendant's home. The PA dog bite attorney contacted the neighbor and was able to persuade him to sign an Affidavit attesting to prior attacks/aggressive acts by the pit bull.
Since the Pennsylvania dog bite lawyer was able to prove prior vicious propensities, he obtained a $101,000.00 settlement which was the policy limit for the homeowner. $100,000.00 was paid from the liability coverage and $1,000.00 from the medical benefits coverage. The Minor's Compromise Petition was approved by Judge Charles Jones, Jr. of the Lebanon County Court of Common Pleas.
Northampton County PA $ 71,107.48
A Bethlehem PA dog bite victim received a $71,107.48 settlement for her dog bite claim. The Lehigh Valley resident was delivering mail in Northampton PA when the defendants' boxer burst thru the front screen door and began to attack her. The boxer bit the mail carrier at least twice on the leg. Finally, the dog owner came out and got her boxer under control and took it inside. Another of the negligent defendants' dogs got loose and ran after the PA dog bite victim as she tried to seek refuge in her mail truck.
The Lehigh Valley dog bite victim was taken to Lehigh Valley Hospital in Allentown PA. After her discharge, her leg began to swell and she exhibited symptoms of a possible infection. Her family doctor was so concerned that the injury victim was sent back to Lehigh Valley Hospital where she was admitted and hospitalized for 3 days. Multiple tests were performed and the Bethlehem dog bite victim was given a number of medications to help prevent the infection from spreading.
The dog bite wound sites healed but the Northampton County PA resident had complaints of pain, discoloration, numbness and a hardening of the hematomas in the areas of the dog bite wounds. Nearly 20 physical therapy visits were needed to rehabilitate her leg. She missed almost 3 months of work due to her injuries and still has occasional discomfort on damp/cold days. Her Bethlehem PA dog bite lawyer obtained all of her medical records and relevant photos and, promptly negotiated a $71,107.48 payout.
Montgomery County PA $52,000.00
A Montgomery County PA dog bite case was settled with a $52,000.00 payout from the dog owners' homeowner's insurance company. A 6 year old boy was invited into his friend's home when a door was accidently opened and he was attacked by a Central Asian Shepherd. The Hatfield resident was bitten in the right temple area and suffered some puncture wounds to his back.
The PA dog attack victim was rushed to Lansdale Hospital. 15 stitches were required to close the wounds to his head. Due to his anxiety and apprehension interacting with dogs, the young boy was treated on 3 occasions by mental health professionals.
The Montgomery County Pennsylvania dog bite attorney proved that the defendants' dog had prior vicious propensities and ultimately obtained a $52,000.00 settlement for his dog bite client.
Northampton County PA $40,000.00
A Bethlehem PA dog bite victim obtained a $40,000.00 settlement after a dog attack. She was walking on a sidewalk in Bethlehem when the Defendant walked by with his 2 dogs. Unfortunately, the dogs were not under the control of the owner as required by the PA Dog Law and she suffered a bite to her face.
The Lehigh Valley resident was taken to a nearby hospital where stitches were used to close the facial laceration. The Bethlehem Pennsylvania dog bite attorney obtained a $40,000.00 insurance settlement which was approved by the Court of Common Pleas of Northampton County, PA.
Northampton County PA $39,000.00
A Lehigh Valley PA dog bite settlement of $39,000.00 was agreed to after a pit bull attack in Northampton County Pennsylvania. A woman took her Siberian Husky outside and put him on a lead. The defendant's pit bull and German Shepherd were running loose in the neighborhood in violation of the PA Dog Law. The dogs came onto the Pennsylvania dog bite victim's property and attacked her husky.
When the Northampton County PA resident couldn't pull the dogs off her husky, she picked up her pet and tried to go inside her home. The pit bull and German Shepherd then attacked her and her dog. The PA dog bite victim suffered a broken finger and her dog needed numerous stitches to close the wounds. The dog attack victim was taken to Lehigh Valley Hospital in Bethlehem PA. They placed her hand in a splint, gave her a Tetanus shot and cleaned her multiple cuts and abrasions.
Follow-up medical care for the fractured finger was provided by a Lehigh Valley orthopaedic office. She was left with a small scar. The dog bite victim also received psychological counseling for 6 months after the dog bite attack. The Northampton County resident was having flashbacks and did not feel safe on her own property. Once all of her medical and mental health care concluded, Attorney Newell negotiated with the defendant's homeowner's insurance company. The Lehigh Valley Pennsylvania dog bite attorney obtained a $39,000.00 settlement for the personal injury victim.
Bucks County PA $37,500.00
A Bucks County PA dog bite victim received a $37,500.00 settlement after he was attacked by a pit bull in Bensalem PA. The gentleman was making a service call in Bensalem Township when the pit bull owner opened his front door and negligently allowed his unrestrained pit bull to run out of the home. The pit bull attacked the victim on the front steps.
The Perkasie PA pit bull attack victim fought off the vicious dog by hitting it with a rock. Ultimately, the pit bull owner got control of the dog and dragged it into the house. The Defendant was cited for numerous violations of the PA Dog Law. At a hearing before a District Justice in Bensalem PA, the pit bull owner was found guilty of failing to keep his dog under control and harboring a dangerous dog.
The Bucks County PA resident received medical care at a hospital in Lansdale. They cleaned the dog bite wounds to his abdomen, knee, leg and hand. The PA dog bite victim was given a rabies vaccination and antibiotics to prevent infection. Follow-up medical care was provided by a family doctor and hand specialist in Montgomery County Pennsylvania. Once his client's medical care concluded, the Bucks County PA dog bite attorney negotiated a $37,500.00 payout to settle the personal injury claim.
Northampton County PA $36,000.00
A Northampton County PA dog bite victim obtained a $36,000.00 settlement after she was attacked in the Lehigh Valley. The Walnutport, PA resident was visiting her friend when a Chow jumped up and bit her face. The Chow continued the dog attack by chasing her down the hall, biting her leg and hand as she tried to escape into a bedroom.
Physicians at Palmerton Hospital used nearly 20 stitches to close the facial lacerations on the Northampton County, Pennsylvania dog bite victim. Fortunately, they did an excellent job and her facial scar was so small that scar revision surgery was not needed. While she was recuperating, Attorney Newell was investigating the claim against the Chow's owners. He interviewed the property manager of the private community where the homeowners lived.
Attorney Newell discovered that the Chow had attacked one of their family members a few months earlier. The property manager had instructed the homeowners to remove the dog from the community. Unfortunately, they ignored her request and continued to harbor this dangerous dog in their home.
Since prior vicious propensities was now established, the Lehigh Valley Pennsylvania dog bite lawyer negotiated a $36,000.00 payout for the Northampton County resident. Judge Edward G. Smith of the Northampton County Court of Common Pleas approved the settlement request set forth in the Minor's Compromise Petition.
Bucks County PA $22,000.00
A Bucks County PA dog bite victimreceived a $22,000.00 settlement after a dog attack in Bensalem, Pennsylvania. A woman was conversing with a friend in her driveway when a Boston Terrier, which was running loose in the townhouse complex, bit her foot. The dog owner did not have his dog under control as required by the PA Dog Law.
The Newportville PA resident received medical care at St. Mary Medical Center in Langhorne PA. She received a tetanus shot. The lacerated foot became infected. The Pennsylvania dog bite victim received 2 iontophoretic injections of dexamethasone sodium phosphate. She was left with a scar on her foot along the dorsal cutaneous nerve. The Bucks County PA dog bite lawyer obtained a $22,000.00 settlement shortly after her medical care ended.
Please visit DOG BITE FAQ's to read Attorney Newell's answers to some frequently asked questions of Pennsylvania dog bite attack victims.
Montgomery County, PA
A Montgomery County PA dog bite victim was attacked in Red Hill, PA by a neighbor's Husky. The young boy and his sister were invited to play with the neighbor's dog. Without any provocation, the Husky jumped up and attacked the Montgomery County resident. He was taken to Grand View Hospital in Sellersville, PA.
Ten stitches were needed to close a laceration to his knee. The young boy had nightmares and it was difficult for him to sleep for several weeks after the dog bite attack. The family doctor monitored his condition and since there were no infections, he was released from any future medical care. The Montgomery County Pennsylvania dog bite attorney obtained a personal injury settlement which was approved by Judge Ott of the Montgomery County Orphans Court.
Bucks County, PA
A Quakertown PA dog bite victim was attacked while inside her veterinarian's office. She stopped to buy some cat food when a boxer bit her on the thigh. Although the dog was on a leash, the boxer was not properly restrained by its owner. Attorney Newell's investigation led him to interview 2 witnesses who provided him with proof of prior vicious propensities.
The Bucks County PA dog bite victim received medical care at St. Luke's Quakertown Hospital where she was given a tetanus shot. Her family doctor in Plumsteadville PA provided her with follow-up medical care to ensure that no infection would develop. Fortunately, the permanent scar on her thigh was very small and barely noticeable.
Initially, the Defendant's homeowner's insurance company denied responsibility for the PA dog bite victim's injuries. Attorney Newell's work proved that the boxer was a dangerous dog and the Bucks County Pennsylvania dog bite attorney obtained a settlement offer which was happily accepted by the Quakertown PA resident.
Northampton County, PA
A Northampton County PA dog bite victim was attacked by a dog that was running loose in Portland, PA. The Emergency Room doctors at Pocono Medical Center in East Stroudsburg PA used sutures to repair the lacerations to his wrist. The dog bite victim received physical therapy in the Pocono Mountains and was evaluated by a East Stroudsburg area neurologist.
The homeowner's insurance company that insured the dog owners refused to make a fair settlement offer. Therefore, Attorney Newell filed a lawsuit in the Northampton County Court of Common Pleas. After written interrogatories were answered and depositions were taken, the Northampton County Pennsylvania dog bite attorney changed the insurance carrier's position and settled the personal injury claim.
Bucks County, PA
A Quakertown PA dog bite victim was walking on a farm when she was attacked without warning by a German Shepherd mix breed dog. She suffered injuries to her arm, thumb, leg and low back. The Bucks County Pennsylvania dog bite victim was treated at St. Luke's Quakertown Hospital. Sutures were used to close her lacerations and puncture wounds. She was also given a tetanus shot.
After her medical care ended with her orthopaedic doctor and chiropractor, Attorney Newell ordered her medical records. The Quakertown Pennsylvania dog bite lawyer obtained a settlement from the homeowner's insurance company in just four months after the dog bite attack.
Monroe County, PA
A Monroe County PA dog bite attack occurred when a young girl was playing in a friend's backyard. A neighbor's dalmation was running loose and, without provocation, attacked her. The Pocono Mountains resident was treated by a pediatrician from Pocono Lake, PA and evaluated by a plastic surgeon from Allentown, Pennsylvania.
The Pocono Mountains's dog bite victim was having nightmares, flashbacks and bedwetting episodes, so her parents took her to receive counseling from a Stroudsburg PA psychologist. When the negligent dog owner's homeowner's insurance company would not make a fair settlement offer, Attorney Newell filed a lawsuit in the Monroe County Court of Common Pleas.
During the litigation, the Monroe County Pennsylvania dog bite lawyer took the Depositions of the Dalmatian's owners and eyewitnesses. The dog attack victim's case settled shortly thereafter.
Monroe County, PA
A Tobyhanna PA dog bite victim was visiting a friend in Pocono Lake PA when she was bitten by a dog which was not under the control of its owner in violation of the PA Dog Law. She was taken to Pocono Medical Center in East Stroudsburg Pennsylvania. The Monroe County PA dog bite victim sustained puncture wounds and abrasions.
Fortunately, no infections developed and she made a complete recovery from her injuries. The Poconos PA dog bite attorney negotiated a settlement which was approved by the Monroe County Court of Common Pleas.
Bucks County, PA
A Quakertown Pennsylvania dog bite victim was walking on the sidewalk near her home when she was attacked by an Akita. A small girl was walking this large dog and was unable to keep it under control. The woman instinctively put up her arm to protect her face and was bitten on the right forearm.
The Bucks County PA dog bite victim was driven to St. Luke's Quakertown Hospital. The wound was cleaned, she received a tetanus shot and was given antibiotics to help prevent infection. She visited her Skippack PA family doctor who advised her to miss several weeks of work as a restaurant manager. The Quakertown PA dog bite attorney negotiated a settlement with the Defendant's homeowner's insurance company which paid for her lost wages, medical bills and pain & suffering.
Lehigh County, PA
A Lehigh County PA dog bite attack took place when a young boy was visiting at a relative's home. A neighbor's German Shepherd got loose. The dangerous dog knocked down the child and bit his leg and shoulder. The Lehigh Valley dog bite victim was taken to the Lehigh Valley Hospital Center in Allentown, Pennsylvania.
Eight stitches were used to close the dog bite wounds. A Lehigh Valley pediatrician provided follow-up medical care to ensure there was no infection. This is yet another case that verifies the statistics from the Center for Disease Control - the majority of dog bite attack victims are children. Once the child's medical care ended, the Lehigh County Pennsylvania dog bite lawyer obtained the records and negotiated a settlement with the homeowner's insurance company.
Please see Why Attorney Newell to read about his qualifications to serve as your Pennsylvania dog bite lawyer.
Monroe County, PA
A Poconos dog bite victim was attacked by a neighbor's Rottweiler/Husky mix which came onto her property and began biting her dog. The woman tried to pull the dogs apart when she was bit on the hand by the mixed breed dog. The Monroe County, PA dog bite victim was taken to Gnaden Huetten Memorial Hospital in Lehighton, PA.
Seven stitches were needed to close the dog bite wound and she was also given a tetanus shot. Her family doctor from Brodheadsville, PA monitored her condition to make sure her hand did not become infected. The Monroe County Pennsylvania dog bite attorney was able to negotiate a settlement without having to file a lawsuit.
Lehigh County, PA
An Allentown PA dog bite victim was attacked by a rottweiler when he was walking to his car. He jumped onto the roof of his automobile in an attempt to elude the dangerous dog. Unfortunately, the Lehigh County PA dog bite victim started to slip to the ground and the rottweiler jumped up and bit him.
The Allentown resident was only able to escape by throwing his shoes at the rottweiler. Fortunately, the wounds were superficial and his Lehigh Valley physicians were most concerned with preventing infections. The Allentown Pennsylvania dog bite attorney obtained the medical records and negotiated a settlement within 2 months of being hired.
Please go to CLIENT REVIEWS to obtain information regarding the experiences of over 20 of Attorney Newell's former personal injury clients.
Bucks County, PA
A Bucks County Pennsylvania dog bite attack occurred in a county park when a boy from North Wales PA was bitten by a mixed breed dog. The child was taken to Doylestown Hospital where he received stitches for his facial wounds. The Montgomery County PA dog bite victim was treated by a pediatrician in Lansdale PA and a plastic surgeon from Doylestown PA as a result of the bite to his face.
Once Attorney Newell was hired by the boy's parents, he investigated the dog's background. Documents obtained from the Pennsylvania Bureau of Dog Law Enforcement confirmed that the mixed breed dog had attacked others. This information allowed the Bucks County PA dog bite lawyer to prove prior vicious propensities. He obtained a recovery for the PA dog bite victim's medical bills through the carrier's medical payment coverage.
Carbon County, PA
A Carbon County Pennsylvania dog bite victim was injured when a neighbor's dog ran onto her property and attacked her dog. As she tried to pull the dogs apart, the Defendant's dog bit her hand.
The Albrightsville PA dog bite victim was taken to Gnaden Heutten Memorial Hospital in Lehighton, PA. The hand laceration required 7 stitches to close. The Carbon County PA dog bite attorney negotiated with the homeowner's insurance company and obtained a settlement for the Albrightsville resident.
Please visit HOME for detailed information about the types of personal injury cases Attorney Newell accepts.
Northampton County, PA
An East Stroudsburg PA dog bite victim was attacked by a pit bull in Bangor PA. He was making a service call at a residence. Unfortunately, the homeowner did not have her pit bull under control and it attacked the Monroe County resident without provocation.
The Poconos dog bite victim had his wrist lacerations sutured at Pocono Medical Center in East Stroudsburg. Follow-up medical care was provided by specialists from Monroe County. Soon thereafter, the Stroudsburg Pennsylvania dog bite attorney negotiated a settlement to be paid by the dog owner's homeowner's insurance company.
Disclaimer
The settlement value of each Pennsylvania dog bite claim varies. Relevant factors include the age and specific injuries of the PA dog bite victim, violations of the PA Dog Law, prior vicious propensities and the amount of homeowner's insurance or renter's insurance coverage available.
Attorney Thomas Newell provides the content of this website for informational purposes only. Nothing provided in this website should be interpreted as being legal advice. The laws regarding Pennsylvania dog bite claims are constantly evolving and changing. You are strongly advised to hire a dog bite lawyer licensed to practice law in Pennsylvania.
Legal Decisions
Failure To Confine Conviction Upheld By Superior Court
An October 5, 2011 decision of the Superior Court of Pennsylvania affirmed a Trial Judge's decision to find a dog owner guilty of failing to confine his dog in violation of the PA Dog Law. The defendant did not have his Giant Schnauzer restrained with a leash or controlled via an electric fence collar.
The victim was walking his Bernese Mountain dog on the opposite side of the defendant's home. The Giant Schnauzer ran across the road and attacked the victim's dog. The police were called and cited the defendant for failure to confine his dog in violation of 3 P.S. Section 459-305(a)(1). In a non-jury trial, the Chester County Trial Judge found the defendant guilty of the PA Dog Law. He was sentenced to 6 months of non-reporting probation and a $500.00 fine.
The defendant appealed, claiming that there was no Mens Rea proven. Mens Rea is a legal term meaning criminal intent. Citing Boehr v. Commonwealth ex rel. Lower Merion Township, 414 A.2d 415 (Pa. Cmwlth. 1980) and Commonwealth v. Glumac, 717 A.2d 572 (Pa. Super. 1998), the Superior Court held that the Commonwealth only had to prove that the dog owner had not confined his animal. Scienter or ciminal intent is irrelevant. "The mandate to confine a dog is thus stated absolutely and not in terms of reasonable care."
In essence, there is strict liability on the part of a dog owner to keep his/her dog confined regardless of the circumstances. Commonwealth v. Raban, No. 3132 EDA 2010 (Pa. Super. 2011).
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Monroe County Dog Ownership Lawsuit Concluded
In an October 2010 legal opinion, a Monroe County Court of Common Pleas Judge has ruled that a dog should remain with its primary caretaker and not be returned to its owner. In 2004, Alexa Dodgson was given a dog as a gift. Over the next few years the woman occasionally lived with Kevin Walsh. However, even when she resided elsewhere, the dog remained at the Walsh residence.
Monroe County trial testimony indicated that Dodgson took possession of the dog in early 2008 but returned it to Walsh around 30 days later. Walsh testified that he informed Dodgson that he would only take the dog back if it was to remain with him permanently. Dodgson later sued to have the dog returned to her. Judge Zulick noted that Walsh was the exclusive custodian of the dog since February of 2008, that he was the one who took the dog to the vet and had also installed a dog run at his home. Walsh testified that he had spent $4,000.00 on the dog since 2004. Dodgson v Walsh, Court of Common Pleas of Monroe County PA (Oct. 2010 J. Zulick)
Montgomery County PA Dog "Attack" Victim Loses Case
A June 24, 2010 legal opinion of Montgomery County Common Pleas Judge Paul Tressler dismissed a dog "attack" victim's case. A woman attended a Super Bowl party at a friend's home. During the game, the defendant's 98 lb. golden retriever was kept upstairs away from the guests. The dog owner did this as one of her friends had a fear of dogs.
During the halftime show, the defendant went upstairs to get the golden retriever in order to take it outside. When the defendant and her dog were going down the steps, they encountered the plaintiff and other guests dancing to the Rolling Stones halftime show. As the golden retriever jumped off the steps, it somehow collided with the plaintiff.
The dog's tooth got caught inside the victim's mouth. She immediately began to bleed and was taken to a local emergency room. The dog "attack" victim was ultimately diagnosed with suffering from permanent nerve damage. Her Pennsylvania dog bite attorney filed a lawsuit versus the dog owner. The trial judge granted the defendant's Motion for Summary Judgment.
Since there was no proof of prior vicious propensities and the incident occurred inside the defendant's home, there was no violation of the PA Dog Law. The facts did not support a finding of failure to confine, nor of harboring a dangerous dog. Pennsylvania Law does not expose dog owners to a strict liability standard. Unfortunately for the plaintiff, this appears to be a situation that was truly an accident with no negligence on the part of the dog owner. Slack v. Krail, Court of Common Pleas of Montgomery Co. PA No. 07-23620 (June 24, 2010 J. Tressler)
SPCA Not Immune From Liability
A Dec. 2009 legal opinion of the Supreme Court of Pennsylvania permitted a dog owner to successfully sue the Society for the Prevention of Cruelty to Animals (SPCA). The dog owner filed a lawsuit versus the SPCA in the Philadelphia Court of Common Pleas seeking damages for civil rights violations, trespass, conversion and negligence. The SPCA had euthanized her dogs and the dog owner claimed that the SPCA had no legal ability to destroy her dogs.
After the Philadelphia jury rendered a verdict in favor of the dog owner, the SPCA appealed claiming it was immune from suit due to either sovereign immunity or local immunity. The SPCA elects it own officers and directors, manages its own affairs and adopts its own bylaws. Neither the Commonwealth nor Philadelphia County makes direct payments to the SPCA from taxpayers' funds. Lastly, there is no state law classifying the SPCA as a state or local government agency. For these reasons, the PA Supreme Court affirmed the decisions of the Philadelphia Trial Judge and Pennsylvania Superior Court. Snead v. SPCA of Pennsylvania, 985 A.2d 909 (Pa. 2009)
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One-Free-Bite Defense
Not Valid in Pennsylvania
A 2008 ruling by the PA Superior Court advanced the rights of Pennsylvania dog bite attack victims. Two pit bulls owned by a renter got loose and attacked a young girl and two good Samaritans who tried to rescue her. All three PA dog bite victims filed lawsuits in Allegheny County against the owner of the pit bulls and the landlord. At trial, the dog owner's attorney claimed that since the dog bite victims could not prove prior vicious propensities, his client was entitled to 'one-free-bite.'
The Pennsylvania dog bite attorneys representing the victims successfully argued that the 1996 Amendments to the PA Dog Law removed any possible one-free-bite defense. The trial judge ruled that the jury could consider all of the facts of that attack to determine whether the pit bulls had violent propensities. The jury entered damage verdicts against both the tenant and the landlord.
The defense lawyers filed an appeal to the Superior Court of Pennsylvania. The Appeals Court agreed with the PA dog bite victims that the one-free-bite defense does not exist anymore in PA. It further stated that in order for a landlord to be held liable for injuries caused by a tenant's dog, the victim must prove that the landlord knew of the dog's presence on the property and its violent propensities prior to the PA dog bite attack. Underwood Ex Rel. Underwood v. Wind, 954 A.2d 1199 (Pa. Super. 2008)
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Community Assoc. Not Liable for Carbon County Dog Attack
A 2008 decision of the PA Commonwealth Court clarifies the PA Dog Law. A Jim Thorpe, Pennsylvania dog bite victim was attacked by his neighbor's pit bulls which were running loose in the development. The pit bulls bit the Carbon County resident while he was standing in his driveway.
His Pennsylvania dog bite lawyer filed a lawsuit in the Carbon County Court of Common Pleas against the dogs' owners and the Community Association for the private residential community. He alleged that there had been prior complaints to the Association regarding the dogs' aggressive behavior which was 'terrorizing' the community.
Judge Roger Nanovic agreed with the Association's lawyers that their client had no legal responsibility for the attack since the Association could not remove the dogs, confine the canines or take control of the dog owners' property. The PA dog bite attorney appealed the case to the Commonwealth Court of Pennsylvania who agreed with the Carbon County Trial Judge.
The Appeals Court stated that only the PA Secretary of Agriculture has the power to enforce the PA Dog Law. Since the Community Association could not evict the dog owners or force them to abide by the PA Dog Law, the PA dog bite victim had no legal claim against it. McMahon v. Pleasant Valley West Ass'n, 952 A.2d 731 (Pa.Cmwlth. 2008)
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Non-Owner Guilty of Failure to Confine & Harboring Dangerous Dogs
A 2007 ruling by the Commonwealth Court of Pennsylvania affirmed a Berks County Court of Common Pleas conviction of violations of the PA Dog Law. The Berks County dog bite victim was attacked on her property by a neighbor's 2 pit bulls. She was taken to a nearby hospital and treated for injuries to her hands and legs. The neighbor was charged with failure to confine the pit bulls and harboring dangerous dogs.
The Defendant's defense was that her sons actually owned the pit bulls and that there was no proof the dogs had attacked others before this incident. The Trial Court noted that the Defendant permitted the pit bulls to remain on her property for several years and she helped care for them. These actions met the definition of 'Owner' in Section 102 of the PA Dog Law. Therefore, she was guilty of violating Section 305 in that she failed to keep the pit bulls confined within her home, firmly secured by a collar & chain or under the reasonable control of a person.
The Appeals Court confirmed that the Defendant did harbor dangerous dogs as all 3 elements of Section 502 of the PA Dog Law were met. The property owner met the definition of dog owner. The pit bulls did attack a human being without provocation. Lastly, the facts of the attack permitted the fact finder to rule that the pit bulls evidenced a propensity to attack human beings without provocation. It was not necessary to prove that the injuries sustained were severe or that there were prior attacks. Commonwealth v. Seyler, 929 A.2d 262 (Pa.Cmwlth. 2007)
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Definition of 'Owner' Expanded Under PA Dog Law
A 2006 legal decision of the Commonwealth Court of Pennsylvania confirmed the broad scope of the word 'owner' as defined by the PA Dog Law. The Defendant was charged with multiple violations of the PA Dog Law even though she was not the registered owner. Trial evidence proved that she was feeding and caring for the dogs and permitted them to remain on property where she lived.
Even though she did not own the dogs and nor did she own the property they were on, the court ruled that the Defendant met the definition of owner as stated in Section 102 of the PA Dog Law since she 'kept or harbored' the dogs on the premises she occupied. Commonwealth v. Lopez, 908 A.2d 901 (Pa. Cmwlth. 2006)
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First Bite Results in Conviction of Harboring Dangerous Dog
The Commonwealth Court of PA affirmed a Westmoreland County Common Pleas decision affirming a conviction of harboring a dangerous dog. A woman was walking on the rear section of her property when the defendant's dog lunged at her, bit her leg & knocked her to the ground. The dog bite victim picked up a pipe and brandished it at the dog to prevent a second attack. Medical care was needed to treat the puncture wounds. The Westmoreland County Dog Warden cited the defendant for harboring a dangerous dog in violation of Section 502-A of the PA Dog Law.
Proof of prior attacks was deemed to be unnecessary. The evidence proved that the dog attacked a human being without provocation resulting in an injury to the victim. Nothing in Section 502-A of the PA Dog Law requires the injury to be severe. The facts of this attack allowed the trial judge to properly deduce that the dog had a propensity to attack human beings. Commonwealth v. Austin, 846 A.2d 798 (Pa. Cmwlth. 2004)
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Local Gov't Immune From Suit After Pit Bull Attack
A decision by the Pennsylvania Commonwealth Court granted a Motion for Summary Judgment for Upper Darby Township after it had been sued by a pit bull attack victim. A young boy was visiting some friends when their pit bull attacked him resulting in facial lacerations which required surgery. The pit bull had previously attacked 3 other individuals and the Township's sole action was to quarantine the dog once.
The PA dog bite attorney sued the Township alleging that it had failed to comply with the PA Dog Law in that it had not destroyed the pit bull after the 3 prior attacks. The Delaware County Court of Common Pleas dismissed the lawsuit. Upper Darby Twp. was immune from liability due to the Pennsylvania Political Subdivision Tort Claims Act. The Appeals Court noted in its affirmation that the Secretary of Agriculture, not the Township, is charged with the enforcement of the PA Dog Law. Lastly, since the Township did not have possession or control over the pit bull, there was no exception to the local government immunity. Lerro ex rel. Lerro v. Upper Darby Twp., 798 A.2d 817 (Pa. Cmwlth. 2002)
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