Who should pay the medical bills if my son was skateboarding and a dog ran out from his electric fence causing him to fall and dislocate/fracture his shoulder?

Asked on June 28, 2014 under Personal Injury, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unfortunately, you will probably have to pay. Liability, or the financial obligation to pay, depends on fault, such as negligence. Negligence means unreasonable carelessness, or not taking reasonable precautions. Having the invisible/electric fence for a dog is a *reasonable* precaution--"reasonable" just means what it sounds like; it does not mean "foolproof" or "perfect." If the owners had the dog on an invisible/electric fence, they were taking reasonable precautions; the fact that those precautions failed this time will most likely not make them liable, since the law does not hold people to the standard of perfect of infallible care.


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