Whatt o do if I had a dog who got loose from my hold, ran off the propertyand bit a neighbor on the road?

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Whatt o do if I had a dog who got loose from my hold, ran off the propertyand bit a neighbor on the road?

I was found guilty at the local magistrate office. I paid the fines.

Asked on November 3, 2012 under Personal Injury, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If this is the first time the dog has bitten someone, the neighbor could sue you for negligence.  If this is not the first time the dog has bitten someone, you could be sued for both negligence and strict liability which are separate causes of action (claims) in the same lawsuit.  If the neighbor files a lawsuit, the neighbor will only be able to file one lawsuit regarding the dog bite injuries.

Negligence is the failure to exercise due care (that degree of care that a reasonable dog owner would have exercised under the same or similar circumstances to prevent foreseeable harm).

Strict liability is liability imposed whether or not due care was exercised.

The neighbor's damages (monetary compensation the neighbor is seeking in the lawsuit) would be compensation for medical bills, pain and suffering, and any wage loss.

Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills and is based on the information in the medical reports.  Compensation for wage loss is straight reimbursement.

 


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