Understanding Your Rights After a Dog Attack on Private Property

Yes, you can sue if a dog bites you on private property in Philadelphia. Dog bite incidents can be traumatic and overwhelming, leaving victims with painful injuries, mounting medical bills, and emotional distress. Whether the attack occurred in someone's home, at an apartment complex, or on other private property, Pennsylvania law provides avenues for victims to seek compensation. Understanding your legal rights and the specific responsibilities of pet owners in Philadelphia is crucial to protecting yourself and obtaining the compensation you deserve after such a frightening experience.


Don't let a dog bite on private property leave you overwhelmed and alone. Reach out to The Law Offices of Greg Prosmushkin for guidance to navigate your legal options and secure the compensation you deserve. Call us at (609) 656-0909 or contact us today to take the first step toward justice.


Pennsylvania Dog Bite Laws: What Victims Need to Know

Pennsylvania has specific laws that govern dog bite cases and hold owners accountable for their pets' actions. Under Pennsylvania law, dog owners are responsible for controlling their animals and preventing them from causing harm to others. This is especially important to understand when dealing with bites that occur on private property, as many victims mistakenly believe they have no recourse in these situations. The state follows a mixed "strict liability" and "negligence" approach depending on the severity of injuries. The owner may be liable for serious injuries regardless of the dog's previous behavior. For less severe injuries, proving the owner knew or should have known about the dog's dangerous tendencies becomes essential. Many don't realize that Pennsylvania animal attack laws specifically address aggressive animals, stating that no animal that bites, attacks, or demonstrates aggressive behavior toward humans or other animals may be kept on premises. Additionally, animals deemed potentially harmful to health or safety, including attack or fight-trained dogs, are not allowed on the property, which can strengthen your case if you've been bitten.

Critical Steps to Take Following a Dog Bite on Private Property

After experiencing a dog bite on private property in Philadelphia, taking prompt and appropriate action is essential to protect your health and legal rights. The steps you take immediately following the incident can significantly impact your ability to receive compensation. Pennsylvania has a two-year statute of limitations for personal injury claims, including dog bites, meaning you must file your lawsuit within two years of the incident. However, it's advisable to begin the process much sooner. Here's what you should do:


  • Seek immediate medical attention, even for seemingly minor bites - dog bites have a high risk of infection, with research showing that nearly 1 in 5 dog bites become infected with bacteria

  • Report the incident to local authorities and animal control - this creates an official record which is crucial for establishing the facts of your case

  • Document the incident by taking photos of your injuries, the location, and any conditions contributing to the attack.

  • Report any observed animal cruelty or aggression to management, police, or local animal control, as Pennsylvania law recognizes animal cruelty as an offense punishable by imprisonment, fine, or both.

  • Gather witness contact information from anyone who saw the attack or was aware of the dog's previous aggressive behavior.

  • Do not sign documents or accept settlement offers from property owners or insurance companies without legal consultation.

Seeking Compensation: How a Philadelphia Dog Injury Lawyer Can Help

Navigating a dog bite claim, particularly one that occurred on private property, requires understanding complex liability issues and Pennsylvania-specific laws. The Law Offices of Greg Prosmushkin has extensive experience representing dog bite victims throughout Philadelphia. Our approach involves thoroughly investigating the incident, including determining whether the property owner or dog owner violated any regulations regarding animal restraint or aggressive animals. Pennsylvania law is clear that residents must take proper steps to restrain their animals, and animals must not prevent other residents from the peaceful enjoyment of their property. When property owners or dog owners fail to meet these obligations, they may be held liable for resulting injuries. We work diligently to establish liability, document all of your damages—including medical expenses, lost wages, pain and suffering, and emotional trauma—and build a compelling case for maximum compensation. While many cases settle out of court, we prepare every case as if it will go to trial to ensure you receive fair treatment from insurance companies.

Understanding Property Owner Liability in Dog Bite Cases

When a dog bite occurs on private property in Philadelphia, determining liability involves more than just looking at the dog owner's responsibility. Property owners, landlords, and building managers may also bear legal responsibility under certain circumstances. Pennsylvania law recognizes that property owners have obligations regarding the animals permitted on their premises. Specifically, property owners may require the removal of an animal if its presence or the owner's actions cause unsanitary conditions in the apartment or any common area of the building and grounds. Furthermore, if a property owner was aware of a dangerous dog on the premises but failed to take appropriate action, they could be held partially liable for any resulting injuries. This becomes particularly relevant in apartment complexes, rental properties, and commercial establishments where the property owner controls the rules and regulations governing pets.

Landlord's Responsibility for Tenant's Dogs

Landlords in Philadelphia can be held liable for dog bites on their property under specific circumstances. If a landlord knows that a tenant is keeping a dangerous dog on the premises and has the legal right to remove the animal but fails to do so, they may share responsibility for injuries caused by that dog. Pennsylvania law is clear that animals deemed potentially harmful to the health or safety of others, including attack or fight-trained dogs, are not allowed on the property. We've seen numerous cases where landlords were aware of previous aggressive incidents but took no action to protect other residents or visitors, resulting in significant liability when injuries occurred. Understanding the interplay between tenant rights and landlord responsibilities is essential to building a strong case.

Compensation Available for Dog Bite Victims in Pennsylvania

Dog bite victims in Pennsylvania may be entitled to various forms to address their injuries' immediate and long-term consequences. The value of your claim will depend on several factors, including the severity of injuries, the circumstances of the attack, and insurance coverage available. Dog bites can result in significant damages beyond immediate medical treatment, and understanding the full scope of potential compensation is crucial to ensuring your recovery needs are met. Pennsylvania law generally allows dog bite victims to pursue damages for economic and non-economic losses, providing a pathway to comprehensive compensation for how the injury has impacted their lives.

Types of Damages in Dog Bite Cases

Dog bite victims in Philadelphia may be eligible to recover several types of damages. Economic damages include medical expenses (emergency care, surgeries, medications, physical therapy, and future medical needs), lost wages from missed work, and potential loss of earning capacity for serious injuries. Non-economic damages address pain and suffering, emotional distress (including PTSD, anxiety, and fear of dogs), disfigurement and scarring (which are common with dog bites), and loss of enjoyment of life. In particularly egregious cases where the dog owner knew the animal was dangerous and took no precautions, punitive damages might be available, though these are rare. Each case is unique, and the damages you can claim will depend on your circumstances and the impact the injury has had on your life.

Challenges in Private Property Dog Bite Claims

Dog bite cases on private property often present unique challenges requiring skilled legal knowledge. These obstacles can complicate securing fair compensation, making experienced legal representation particularly valuable. From insurance issues to questions about trespassing, several potential hurdles may arise during your case. Understanding these challenges in advance can help you prepare for what lies ahead and take appropriate steps to strengthen your claim.

Addressing Defenses Used by Property and Dog Owners

Property owners and dog owners commonly raise several defenses in dog bite cases. They may claim you were trespassing (though being a guest eliminates this defense), argue that you provoked the dog, or suggest you assumed the risk by interacting with the animal. In Pennsylvania, it's important to note that owners cannot claim they were unaware of their dog's dangerous tendencies if the dog has previously exhibited aggressive behavior. The law states that no animal that bites, attacks, or demonstrates other aggressive behavior towards humans or other animals may be kept on the premises. Additionally, defendants may point to Pennsylvania regulations stating that animals must not be leashed or tied to any interior or exterior building fixture, or "penned" or "caged" on balconies or patios during the night or while the resident is away, suggesting they complied with all requirements. A skilled Philadelphia dog injury lawyer can counter these defenses by gathering evidence of the owner's negligence, documenting the full extent of your injuries, and demonstrating how the attack has impacted your life.

Frequently Asked Questions

1. Does Pennsylvania have a "one bite rule" for dog attacks?

Pennsylvania does not follow the traditional "one bite rule." Instead, the state has a more nuanced approach to dog bite liability. Dog owners can be held strictly liable for severe injuries regardless of whether their dog has previously shown aggression. For less severe injuries, the victim may need to prove the owner knew or should have known about the dog's dangerous tendencies. However, Pennsylvania law clearly states that no animal that bites, attacks, or demonstrates aggressive behavior toward humans or other animals may be kept on premises, supporting victims' claims even without prior incidents.

2. How can an animal bite lawyer in Philadelphia help with my private property dog bite case?

An animal bite lawyer in Philadelphia provides crucial assistance by investigating the incident, gathering evidence (including animal control reports and witness statements), identifying all potentially liable parties (dog owners, property owners, landlords), accurately calculating your damages (current and future medical expenses, lost income, pain and suffering), negotiating with insurance companies, and representing you in court if necessary. Additionally, your lawyer will be familiar with Pennsylvania animal attack laws and local Philadelphia ordinances regarding dog ownership and property management, which can strengthen your case significantly.

3. What if I were bitten by a friend or family member's dog while visiting their home?

You can still pursue compensation even if you were bitten by a friend or family member's dog. Most homeowners' or renters' insurance policies cover dog bite liability, meaning your claim would typically be against their insurance company rather than the individual personally. This allows you to seek the compensation you need for medical bills and other damages while minimizing direct financial impact on your relationship. A Philadelphia dog attack attorney can help navigate these sensitive situations by dealing directly with the insurance company while preserving your relationships.

4. How long will my Philadelphia pet injury lawsuit take to resolve?

The timeline for resolving a dog bite case in Philadelphia typically ranges from several months to over a year, depending on the complexity of your case and whether it settles or goes to trial. Straightforward cases with clear liability and well-documented injuries might settle in 3-6 months. More complex cases involving disputed liability, serious injuries, or multiple parties could take 12-18 months or longer, especially if litigation is necessary. Your attorney will work to resolve your case efficiently while ensuring you receive fair compensation for all your damages.

5. Can I recover damages if I was partially at fault for the dog bite incident?

You can still recover damages even if you were partially at fault under Pennsylvania's modified comparative negligence rule. This system allows recovery as long as you were less than 51% responsible for the incident, though your percentage of fault will reduce your compensation. For example, if you're found 20% at fault and your damages total $100,000, you could recover $80,000. A Philadelphia dog injury lawyer can help minimize your assigned percentage of fault by presenting evidence that counters claims of provocation or other contributing factors.

Work with an Auto Accidents Lawyer

If you've been bitten by a dog on private property in Philadelphia, seeking legal guidance is essential for recovery and justice. The Law Offices of Greg Prosmushkin offers comprehensive representation for dog bite victims, combining thorough knowledge of Pennsylvania animal attack laws with dedicated client advocacy. Our approach begins with a free consultation to understand your unique situation and explain your legal options. We conduct detailed investigations, work with medical experts to document your injuries, and build compelling cases that address all aspects of your damages. Throughout the process, we handle all communications with insurance companies and opposing parties, allowing you to focus on your physical and emotional recovery. With the statute of limitations in Pennsylvania limiting the time you have to file a claim, it's advisable to consult with a qualified attorney as soon as possible after a dog bite incident to preserve your rights and maximize your chances of fair compensation.


When a dog bite on private property leaves you in a bind, don't hesitate to reach out to The Law Offices of Greg Prosmushkin. Our team is ready to help you navigate the legal maze and secure the compensation you deserve. Give us a ring at (609) 656-0909 or contact us today to get started on your path to justice.



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