Contrary to Popular Belief, a Dog Does Not Get "One Free Bite."

         1.  WHAT SHOULD I DO IF A DOG HAS BITTEN ME OR A MEMBER OF MY FAMILY?
         2.  IF I AM GOING TO PURSUE A CASE, WHAT SHOULD I DO?
        3.  WHO IS LIABILITY FOR THE INJURIES FROM A DOG OR ANIMAL BITE?
         4.  HOW CAN I WIN A CASE IF I DECIDE TO PURSUE A CLAIM?
         5.  WHAT CAN I RECOVER FOR I SUCCEED IN MY CASE?

  WHAT SHOULD I DO IF A DOG HAS BITTEN ME OR A MEMBER OF MY FAMILY?

• First get medical attention.  A dog bite is a very tramatic thing. Any injury, even a minor one, causes the body to go into shock. The defense mechanisms of the human body to shock is to dull the body’s response to pain or injury.Make sure you're okay and that you have not been infected with any disease.   

• Next, do everything you can to preserve crucial evidence in the event you decide to pursue a claim and litigation may be needed. 

• Get the name and address of the dog owner if possible. Also if you can, get the dog licensing information.

• After you have received medical treatment, make sure that the incident has been reported to the dog owner and, if necessary, to the local animal enforcement agency.  Provide only the facts as you know them. Resist the urge to apologize for the incident (for example, "I may have provoked the dog," or "it probably was my fault.") Any statement you make can be used against you by insurance companies and their attorneys to defeat your claim for compensation.  Don't sign any document admitting fault.  

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  IF I AM GOING TO PURSUE A CASE, WHAT SHOULD I DO?

• Take the name, address and telephone number of any potential witness.  Ask around the neighborhood to make sure that you didn't miss any potential witness. 

• Give your lawyer at the CARDENAS LAW FIRM the witness information so that your lawyer can talk to them.  You should not be the one talking to a potential witness.

• Take pictures of where you were bitten by the animal.  Make sure to get pictures of all cuts, buises, scrapes or stitches.

• If possible, take photographs of the condition of your clothing in the area where you were bitten.

• Take as many photographs of what you think may be important to the accident.  

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  WHO IS LIABILITY FOR THE INJURIES FROM A DOG OR ANIMAL BITE?

• Pennsylvania law states generally that the owner of a dog is fully responsible for all damages caused by a dog bite.  The owner cannot avoid liability by attempting to show that he or she obeyed all laws, acted reasonably, and did not know the dog was capable of biting. The owner's state of mind and freedom from negligence are irrelevant because liability is based on mere ownership of the dog.  

• A dog does not get "one free bite" in Pennsylvania.   Because there may be exceptions to this, you should always call a lawyer at the CARDENAS LAW FIRM to discuss your specific case.

• The usual exceptions to liability are:

  • 1.  Where the victim was a trespasser;

  • 2.  Where the victim was committing a crime;

  • 3.  Where the victim was provoking the dog;

  • 4.  The dog was a police or military dog.

• The victim frequently can direct a claim to other possible defendants, including employers, landlords and breeders.

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  HOW CAN I WIN A CASE IF I DECIDE TO PURSUE A CLAIM?

• The CARDENAS LAW FIRM has experience at dealing with dog bite cases.  You want to have a lawyer that knows what to do in such a case.  Your lawyer would have to prove:

  • 1.  The identity of the owner of the dog;

  • 2.  That the dog bit the victim;

  • 3.  That the victim, at the time of the bite, was in a public place or lawfully in a private place, which could be the property of the owner of the dog;

  • 4.  That the bite caused injury, suffering, loss or harm;

  • 5.  That the attack should not be excused because of any exception described above.

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   WHAT CAN I RECOVER FOR I SUCCEED IN MY CASE?

• Many serious dog attacks involve the dog of a friend or family member. Therefore, victims frequently worry about who will pay their damages because they don't want a friend or family member to feel the burden. There is no reason to worry. Even though the dog owner is technically liable, the damages usually are paid by:

  • Homeowner's insurance

  • Renter's insurance

  • Landlord's insurance

  • Insurance covering employers and breeders, if they are responsible.

• If you can speak to the dog owner, ask whether he or she has any of the insurance policies like those listed above.  People frequently do not know whether their insurance covers a particular type of loss, including a dog bite. Also, some people lie about not having insurance when in fact they do have it. Therefore, do not rely on the dog owner's statement that he or she does not have insurance. Rather, consult with an experienced attorney at the CARDENAS LAW FIRM who will find out the true insurance status of the dog owner.

• If the conditions for liability are met, the victim can get money for all of the following things:

  • Future medical treatment for scar reduction;

  • Psychological counseling to overcome the emotional trauma of the attack, fear of dogs, fear of being outdoors, and dealing with disfigurement;

  • Loss of earnings from work or the victim's business;

  • Torn clothing and broken glasses;

  • Medications

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