Philadelphia Dog Bite Lawyer
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Editor: Jeffrey Harlan Penneys, Esq.
Profession: Philadelphia Personal Injury Attorney
Homeowners' Policies Cover a Dog Bite/Attack--or not?!
Although homeowners and renters insurance policies typically cover dog bite liability, insurance companies are taking steps to limit their exposure.
Continue reading "Homeowners' Policies Cover a Dog Bite/Attack--or not?!"
Minors and Dogs
Category: General Information
First of all, a dog should never be chained outside unattended. Most dogs of guard or working heritage suffer personality quirks when tied and many become downright aggressive. Dogs are better off in fenced areas, where they can see the barrier between them and the world, where they can feel somewhat safe from noisy, frolicking children. In addition, many dogs instinctively equate the high-pitched sounds of children with the distress sounds of prey animals, and they react by biting the child as they would have bitten the prey animal in the wild.
CONTACT THE DOG BITE LAWYER
Category: About Us
Here is my complete contact information:
Jeffrey H. Penneys, Esq.
The Dog Bite Lawyer
Clearfield, Kofsky & Penneys
1617 John F. Kennedy Blvd.
Suburban Station Building-Suite #355
Philadelphia, PA 19103
Phone : 215-563-6333
Toll-free: 1-800-INJURYLAW
Fax : 215-563-3580
Email : jpenneys@thedogbitelawyer.com
Website: http://www.thedogbitelawyer.com
Blog: http://phillydogbitelaw.clarislaw.com/
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Typical Dog Bite Legal Defenses
Category: Legal
The dog owner may be able to avoid liability if the injured person:
(1) provoked the injury from the dog
(2) knowingly took the risk of being injured by the dog
(3) was trespassing
(4) was breaking the law, or
(5) was unreasonably careless, and that carelessness contributed to the injury.
Barking Dogs
Category: General Information
The most common complaint about dogs is barking. Barking dogs cause all sorts of problems in any neighborhoods, and is a constant complaint to local city officials who get these :nuisance complaints all the time. The good news for neighbors is that usually problems can be resolved without resorting to legal means, through informal negotiation or mediation. And if that fails, there is almost always a law against dogs that make a nuisance of themselves by barking, howling, or whining.
If you can't get these laws enforced to your satisfaction, you can sue the dog owner to get the nuisance stopped and to recover money damages. Lawsuits are especially undesirable when the other party is a neighbor - after all, you'll still be next door to each other, which means that both parties lose.
Landlords and Dogs
The conventional wisdom is that dogs and apartments don't mix. This is a particularly unhappy state of affairs as households shrink, house prices rise, and more and more people live in apartments. If you haven't given up and gotten a gerbil, read on. And take heart: with a little cooperation among landlord, tenant, and dog, many dog-owning tenants can live happily in rental housing.
Reasons to Leash Your Dog
Here are a few good reasons to always leash your dog:
(1) Leashes protect dogs from becoming lost and from wilderness hazards such as porcupines, mountain lions, bears and sick, injured or rabid animals;
CONTACT INFORMATION FOR THE DOG BITE LAWYER
Category: About Us
Jeffrey H. Penneys, Esq.
Clearfield, Gaber, Kofsky & Penneys
1617 John F. Kennedy Blvd.
Suburban Station Building-Suite #355
Philadelphia, PA 19103
Phone : 215-563-6333
Toll-free: 1-800-INJURYLAW
Fax : 215-563-3580
Email : 1800INJURYLAW@gmail.com
Website: www.thedogbitelawyer.com
Continue reading "CONTACT INFORMATION FOR THE DOG BITE LAWYER"
July 25, 2007
By JurisHP
How to Reduce the Risk of Being Bitten/Attacked by a Dog
Category: General Information
There are several ways to help reduce the risk of a dog bite:
If confronted by a dog trying to sniff you, stand still and do not try to run away. Most dogs will leave after determining that you are not a threat.
Do not approach a dog you do not know, or one that is injured.
Never interfere with a dog that is caring for its puppies.
Avoid direct eye contact with stray or strange dogs.
Never tease, taunt, or startle any dog.
Do not disturb a dog while it is eating or drinking.
Always get a dog owner's permission before petting his or her dog.
Be very mindful of your children around all dogs, including family pets. Most dog bites occur to children.
Do not pet a stray dog or one that you're not familiar with.
Never try to separate dogs that are fighting, even if one of them is your dog.
If a dog does attack, put anything like your jacket, purse, bicycle, etc. that you can put between yourself and the dog.
If you fall or are knocked to the ground, curl into a ball with your hands over your ears and remain motionless. Do not yell or roll around.
Always report a dog bite to Pennsylvania law enforcement and animal control.
Despite the best preventive measures, dog bites do occur in Pennsylvania. If you or a child are bitten, seek emergency medical attention immediately.
How to Avoid Dog Bites to Children
Just as we teach our children to practice safety in other situations, we can teach them to be safe around dogs. The following rules will help to prevent your child from being bit by a dog:
Children should never be alone with a dog.
Treat all dogs as potentially dangerous, unless supervised by an adult.
Never approach a restrained or confined dog.
Never disturb a sleeping dog.
Never approach a barking dog, even if he is wagging his tail.
Never take a toy or food from a dog.
Never discipline a dog by hitting it.
What are the different types of dog bites?
Category: Dog Bite Questions and Answers
Because dogs are predators by nature, they almost always attack with their teeth. And the teeth and jaws of a big working dog -- the kind most likely to send someone to a doctor -- can be very strong, exerting up to 450 pounds of pressure per square inch.
Continue reading "What are the different types of dog bites?"
What is rabies and what should you do if bitten?
Category: General Information
What is rabies? Rabies is a viral disease that attacks the nervous system. It results in paralysis and almost certain death once the symptoms appear. Symptoms usually appear within 2 to 8 weeks after being infected.
Continue reading "What is rabies and what should you do if bitten?"
Dog Tag/License Renewals
Category: Miscellaneous Dog Issues
In Pennsylvania, it is imperative that owners have their dogs licensed and tagged. MANY Pennsylvania dog owners are breaking the law by failing to have their dogs tagged and licensed.
A Commentary on Pennsylvania's Proposed Dog Law Enforcement
Category: Pennsylvania Dog Bite Laws
The Commonwealth of Pennsylvania is contemplating enacting new dog laws that will potentially effect not only kennels and breeders, but private dog owners as well. Here is the link to the proposed regulations.
Continue reading "A Commentary on Pennsylvania's Proposed Dog Law Enforcement"
Who is Liable?
Category: Legal
Owner Liability for Animal Bites
If an animal bites you, the first thing to determine is: who is the owner of the animal? In most states, the owner of an animal can be held liable for the injuries it inflicts, provided that the owner knew (or had reason to know) that the animal had "dangerous propensities." In other words, if an animal owner knows that his or her animal is dangerous and could cause injury to a person, the animal owner can be held liable for the animal's harmful actions.
Pennsylvania's Statute of Limitations for Dog Bite Cases
Category: Legal
Pennsylvania's Statute of Limitations
Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.
A cause of action for wrongful death accrues on the date of death and must be filed within two years of that date.
Personal Injury Actions
A personal injury action must be filed within two years of the date when the injury occurred. In Pennsylvania, personal injury actions include medical malpractice and products liability claims. Pennsylvania does, however, have a "discovery rule," which, in limited cases, extends the time for filing a personal injury action. Under this rule, the statute of limitations will begin to run at the time the plaintiff knows, or should have known, that he or she was injured and that the injury was caused by another's conduct.
Special Rules for Minors
Except in cases of wrongful death, an "unemancipated minor" must file suit within two years of his or her 18th birthday. An "unemancipated minor" is a person under 18 who is not totally self-supporting. In cases where the minor is emancipated, or totally self-supporting, at the time of the injury, he or she must file suit within two years of the date when the injury occurred.
Continue reading "Pennsylvania's Statute of Limitations for Dog Bite Cases"
Dangerous Dog Breeds
Category: Miscellaneous Dog Issues
Common dangerous dog breeds
When addressing the topic of "dangerous dogs", it is important to remember that no breed is guaranteed to be 100% bite-free or attack-free.
In 2000, the Centers for Disease Control (CDC) reported that 25 breeds of dogs were involved in 238 fatal dog bites from 1979-1998. More than 50% of the deaths for which the breed was known were caused by Pit Bull type dogs and Rottweilers.*
Is the Philadelphia Housing Authority Responsible in a Dog Bite Case?
Category: Dog Bite Law News
Clearly, Philadelphia Housing Authority (PHA) as the owner and direct manager of the property had the authority to take such action regarding a pit bull attached to the property with or without its consent. There are few cases that interpret the care, custody, or control of animals exception to immunity, particularly where a wild animal is not involved. In Jenkins v. McDonald, 498 A.2d 487 (Pa. Cmwlth. 1985), the plaintiff was attacked on a city sidewalk by a stray dog. The Court rejected the plaintiff's argument that the city was liable pursuant to the care, custody, or control of animals exception to local governmental immunity set forth at 42 Pa. C.S. §8542(b)(8),24 and it determined that a stray dog could not be considered in the care, custody or control of a municipality.
Continue reading "Is the Philadelphia Housing Authority Responsible in a Dog Bite Case?"
What if my dog bites someone?
Category: Dog Bite Questions and Answers
If Your Dog Bites Someone
• Confine your dog immediately and check on the victim's condition. If necessary, seek medical help.
• Provide the victim with important information, such as the date of your dog's last rabies vaccination.
• Cooperate with the animal control
Proving Dog Bite Claims
Category: Dog Bite Questions and Answers
How is liability proven in dog bite cases?
To prove that a dog owner is responsible/liable for an injury due to a dog attack or dog bite, negligence must be proven.
Some ways to prove negligence on the part of the dog owner include:
Dog Bite Questions
Category: Dog Bite Questions and Answers
Q: How many dog bites occur every year in the United States?
A: The Centers for Disease Control and Prevention in Atlanta, Georgia, estimates that nearly 2% of the U.S. population is bitten by a dog each year. This translates to more than 4.7 million people per year, most of whom are children.
Q: How many people die every year as a result of dog bites?
Dog breed restrictions in insurance policies
Category: Dog Bite Insurance Issues
Insurers breed profiling or limiting dog bite claims
A growing number of homeowner policies are denying or failing to renew policies because of a type of dog the family owns. Some insurers have prohibited homeowners from having dangerous dogs for years, but this trend has become more common in the last five years.
PA Dangerous Dog Law
Category: Pennsylvania Dog Bite Laws
The Pennsylvania dangerous dog law
It is a crime to keep a dangerous dog in Pennsylvania:
Section 502-A. REGISTRATION
(a) SUMMARY OFFENSE OF HARBORING A DANGEROUS DOG - Any person who has been attacked by one or more dogs, or anyone on behalf of such person, a person whose domestic animal has been killed or injured without provocation, the State dog warden or the local police officer may file a complaint before a district justice, charging the owner or keeper of such a dog with harboring a dangerous dog. The owner or keeper of a dog shall be guilty of the summary offense of harboring a dangerous dog if the district justice finds beyond a reasonable doubt that the following elements of the offense have been proven:
What are the characteristics to Look for in Dogs that Bite?
Category: Dog Bite Questions and Answers
The increase in large dog ownership has resulted in an increased amount of dog bite claims. German shepherds were identified as the breed involved in 44% of all dog bite claims, but account for only 22% of license registrations. Small purebred dogs accounted for less than 20% of bites but more than 40% of registrations. The Pit Bull Terrier is a common cause of dog bite injuries in minors. The major problem is that they are frequently (94%) unprovoked. These dogs are also typically freely roaming animals (67%).
Continue reading "What are the characteristics to Look for in Dogs that Bite?"
Insurance Companies and Dog Bites
Category: Dog Bite Insurance Issues
Homeowners and renters insurance liability policies usually cover dog bite liability. Most such policies usually provide $100,000 to $300,000 in liability coverage. If your claim is worth more than that amount, then the dog owner is held personally responsible for all damages above that amount.