Introduction
One Bite Rule in Pennsylvania fall under a strict liability statute. This means that dog owners remain accountable for injuries caused by their dogs regardless of the animal’s previous behavior. This article seeks to explain Pennsylvania dog bite laws, their consequences for victims, and how medical records review services help attorneys build better cases.
A Summary of Pennsylvania’s Dog Bite Laws
• Strict Liability: Pennsylvania does not observe the one-bite rule. The state enforces strict liability for dog bites.
• Liability: Dog owners are accountable for injuries resulting from their dogs, irrespective of the dog’s history.
• Legal Concept: Attorneys dealing with victims of dog bites ought to understand the legal concept.
The Explanation of the Strict Liability Statute
• Definition: Dog owners in Pennsylvania are liable for damages inflicted by their dogs.
• No Fault Coverage: Victims do not have to show that the owner was negligent.
• Victims Coverage: This law enables victims to get recompensed for medical expenses incurred due to dog bites with ease.
Liabilities Exempted from the Dog Liability Model:
• Provocation: A person who pokes or annoys a pet dog may not receive any reimbursement.
• Trespassing: A victim of the bite may be precluded from recovery if they were lying in a place they had no permission to be.
• Service Animals: The owner of the service animal may not be held liable for injuries inflicted by the animal while performing its duty.
Limits on Coverable Damages
• Medical Expenses: The owner bears responsibility for any medical care sought as a result of the dog’s bite.
• Non-Medical Damages: Damages awarded for pain or suffering or damage(s) to other property need a showing of negligence to be paid.
• Causes of Difficulty in Establishing Negligence: Proof must be provided by the victim to show that the defendant had knowledge concerning the dog’s aggressiveness.
Role of Medical Records in Dog Bite Cases
• Importance of Medical Records: Medical records are the foundation of virtually every claim made in alleging for damages by the dog.
• Review Process: Medical record review assistance can aid attorneys in understanding and demonstrating the needed medical proof.
• Building Strong Cases: Available medical records close the case more often than not thoroughly could determine the verdict of the case.
Case Studies
Case Study 1:
The boy was simply playing outside when the neighbor’s dog bit him on the leg.
Challenges: The dog owner alleges that the child antagonized the dog.
Solutions
- Evidence Collection: The scope of the involvement for purposes of injuries was captured in the medical documents review.
- Witness Testimonies: Neighbors statements corroborated that the child was not at fault.
Compensation: The child was compensated for the medical expenses as well as for the pain and suffering.
Case Study 2:
Overview of the Case Incident: An adult was allegedly bitten while out on a jog in a public park.
Challenges: The dog owner washed her hands of the issue, saying that the dog was tied up.
Solutions
- Expert Testimony: A dog behavior specialist provided intervention and spoke on the carelessness of the owner regarding the restraining of the dog.
- Medical Records Review: The detailed portions of the medical records documented the extent of injuries were very shocking.
Compensation: Payment from the defendant for medical costs and psychological suffering was given to the patient.
Conclusion
Knowing the laws about dog bites in Pennsylvania, especially for victims, is helpful to their advocates. The strict liability law eases the processes the victims, particularly in fetching compensation. However, there are obstacles victims as non-medical damages. Reviewing medical records aids in the creation of strong cases so the victims receive just compensation.