The Dog Bite Lawyer

The Seven Deadly Sins Which Could Wreck Your Dog Bite Case (Part One):

If you have been injured by a dog bite, the initial steps you take can make a big difference to the outcome of your case.  We have compiled a list of seven mistakes you could make in order to help you avoid insurance company traps and to receive fair compensation for your injury:

1. Do not wait to seek medical treatment. The worst thing you could do after a dog bite occurs is to fail to seek medical care.  This is not a time to “tough it out” and hope that you will miraculously heal.  Returning to health should be your top priority.  You must go to your family physician or to the emergency room to make sure you get the treatment you’ll need to recover from the injuries you suffered from the dog bite.  Remember that if you wait too long to go to the doctor, they sometimes will be unable to stitch your wound which means the scarring could be worse.  Each situation is different so you definitely need to seek proper medical advice immediately to minimize the possibility of infection and scarring.

Once you go to the doctor, follow his or her orders so you can make the best recovery possible.  If your doctor indicates that you need physical therapy or a plastic surgeon, do what he says.

This advice makes sense not only for your physical health, but for your financial health as well.  The insurance adjuster is going to base any settlement offer to you on the medical care you have received since it provides a way to measure your injuries and resulting pain.  This is the way the insurance company will value your case.  Getting medical treatment shows to the insurance company that you are not faking your injury and that you are taking the process seriously.  The ultimate result in terms of your compensation for pain and suffering as a result of the dog bite will be based to some degree on the amount of your medical bills.  It will also be based upon the seriousness of any scarring and the permanency of the condition. 

Once you have started medical treatment, make sure you finish it through to the end.  Don’t stop the second you start to feel better if your doctor has recommended that you complete a regimen of physical therapy for a certain duration of time.  If you discontinue therapy, you may not be fully healed.  Resuming months after you have stopped treating with the doctor sends a message to the insurance company that you may not have been hurt in the first place, that your injuries are not significant, or, that you are trying to take advantage of the process.

Children suffer the majority of dog bites.  Young children are also less able than adults  to comprehend that something that looks like a big stuffed animal is not a toy and is capable of doing harm.  The unfortunate reality is that young children tend to be bitten on their heads, faces, and neck, partly due to the fact that they are lower to the ground and closer to the facial and bite level of a dog.  These types of injuries often require treatment by a plastic surgeon.  Sometimes a number of surgeries are required over a lengthy period of time as a child grows. 

If you or your child  have suffered a disfiguring bite, please consult a plastic surgeon early in the process so that the damage and scarring can be monitored and minimized to the greatest extent possible.  Ask your attorney or your family practice doctor who the top plastic surgeons are in your area.  Locating a skilled surgeon is obviously critical, but it’s also crucial to find a doctor who will be willing to document the injuries and create a report that can be used in negotiating your claim.  That report will lay out projected expenses involved in surgical procedures and a prognosis in relation to any scarring or other injuries suffered as a result of the dog bite.

2. Failing to take photographs of EVERYTHING.  When I say everything I mean everything related to the dog and the dog bite incident.  Obviously, you need to take photographs and keep the negatives in a safe place by either giving them to your attorney or placing them in a safe deposit box until you hire an attorney.  Photographs should be taken as soon as possible after the dog bite has occurred.  They should be taken with a proper camera rather than a cell phone camera because the quality of the photograph taken with a cell phone is usually poor.  If the dog bite victim requires stitches then the stitches or the aftermath of the emergency room visit should be photographed as well.  In the days following the dog bite, often bruising will occur in the area of the bite.  Photographs of any bruising or any visible signs of the dog attack are absolutely essential to your case. 

It is a cliché, but a picture really is worth a thousand words, especially for dog bite injuries.  In our office, we have the client take the initial photograph and then we have a professional photographer to take additional shots at some point.  Periodically, throughout the treatment we will need additional photos taken to document the status of the injuries. 

In addition to the photographs of the injury, it is also very important to get photos of the scene or location of the dog attack.  If it can be accomplished safely, photographs of the dog involved or any signs on the property of the dog owner indicating “beware of dog” should be photographed.  Photos often play a key role in settlement discussions with the insurance adjuster.  They also serve as crucial evidence in the event that the case has to go to trial.

On a similar note, make sure your keep all reports and documents together in the file and make sure that you quickly locate the name, address and telephone number of anyone who might have seen the dog bite incident.  It is also very useful to find out if anyone is aware of the same dog biting anyone else prior to your dog bite injury.  This helps us to investigate past incidents to see what actual knowledge the dog owner had of the vicious propensity of the dog which can strengthen the case.   

3. Rushing to settle your claim.  If you’re reading this book because you were recently bitten by a dog, you may already have received a call from an insurance adjuster trying to settle your claim.  Typically, the insurance company works fast to get hold of the injured dog bite victim before the victim can receive proper legal advice.  An adjuster may wave a small amount of money under your nose to settle the claim quickly.  It may sound good until you realize you’re hurt more seriously then you initially believed or your medical bills end up eating into that money.  Did you know that you have to reimburse the medical bills to your health insurance company in most cases?  If you don’t have insurance, you will have an outstanding doctor bill or ER bill.  You may think that the insurance company is taking care of those things separately, but they are not.  This is a common misconception.

If you’re tempted to settle your case for what may be below its actual value just because you need money for your medical bills, hold off.  If you hire an attorney, the attorney usually will be able to work out an arrangement with your health care provider to ensure that he is paid out of the proceeds of your settlement.  Often, the doctor or physical therapist will continue to treat you without requiring payment after receiving what’s called a “letter of protection” signed by you.  This allows you to continue getting the treatment that you need, while ensuring that the doctor is paid at the end of your case. 

Settling your case quickly rarely allows you to be fully compensated for your medical bills, pain and suffering, and lost wages.  It only benefits the insurance company because it won’t have to pay out the full value of your case or waste a lot of money paying an insurance adjuster and an attorney to defend the case.

Isn't It Enought That The Dog That Bit Me Was A Pit Bull And Not A Poodle?

The breed of the dog in and of itself is not enough to establish vicious propensity of the dog.  The Centers for Disease Control and Prevention (CDC) have done research on the various breeds.  About twenty-five breeds of dogs were involved in 238 fatal dog bites, according to a twenty year study performed by the CDC which was published in 2000.  The report indicates Pit bulls and Rottweilers were involved in more than half the fatalities resulting from dog bites.  You may already be aware that the insurance industry is fighting to eliminate coverage for dog breeds known to have high bite rates.  Multiple high-profile dog maulings, such as the fatal attack on the woman in San Francisco by two Presa Canarios in 2001 have raised concerns by the insurance industry.  I have heard reports that commonly known insurance companies either have cancelled or refused to write homeowner’s policies for individuals with certain dog breeds.  The “hit list” includes the breeds you would expect, including Pit Bulls, Rottweiler, German Shephards, Doberman Pinschers, Chows, Wolf hybrids, and Presa Canarios.  Most insurance companies do not automatically reject owners with certain breeds, but may require letters from veterinarians, dog obedience certificates or a home visit by an insurance agent. 

Multiple insurance companies in Pennsylvania are trying to cancel insurance for people with certain dog breeds and there is litigation occurring regularly on this issue.  For a more detail explanation of Pennsylvania law in relation to your situation, please call us at 215-576-5150 or our 24 hour toll free number to connect through to our office to ask your specific question of someone who can properly advise you before you call the insurance company. 

The insurance company has an adjuster who is very anxious for you to sign some forms and give you a little “something” for your trouble.  He may promise to “take care of your medical bills” after you sign a few papers. Don’t fall into that trap.  Read the next section of the PA Dog Bite book, written by the Worthington Law Group, very carefully!

What About Dog Bites That Occur When The Dog Is Not With The Owner?

It now appears that victim may have an easier avenue of recovery against a non owner who is caring for the dog at the time of the bite.  Even though a person is not the owner of a vicious dog, he may be liable to others by knowingly keeping a dog on his property after knowledge of its viciousness.  Landlords may also be liable for a dog bite depending on their knowledge of the dog and their control of the rental property in  which the dog resides.  Usually, a landlord who is not actually living on the premises is not responsible for attacks by animals kept by tenants at a leased property where the tenant has exclusive control over the premises.  This means that if the landlord does not live in the same apartment building with the tenant, the landlord would probably not be liable unless some exception were involved.  For example, if the landlord had allowed a lease to the tenant which included having a dog and the landlord was aware of the dog's vicious nature.  If the landlord knows of the presence of the dangerous animal and has the right to control over moving the animal from the premises, he may be liable. 

One of the biggest problems with a dog bite which occurs in a rental property is that the rental property tenant often does not have homeowner's insurance of any type to cover such a claim.  If the tenant lives in the apartment and owns no assets, there usually is no point in filing a lawsuit since you "can't get blood out of a stone."  On occasion, we have pursued such a lawsuit, but it is our feeling that if you cannot collect compensation because there is no insurance, there is little reason to pursue the claim.  However, we like to more fully investigate the insurance which could apply.  Sometimes the dog owner will say there is no insurance when this is simply untrue.

Every Dog Gets "One Free Bite," Right?

No.  Not right.  This is one of the most common misconceptions in Pennsylvania law regarding dog bites.  I have had seasoned veteran lawyers call to confirm this with me and have had clients come to me after being incorrectly advised by a lawyer that they don't have a case because this was the first time the attacking dog ever bit anyone.

Let me set you straight on this!

Recent changes to Pennsylvania's criminal dog law have made it easier for a dog bite victim to pursue a claim even if this was the dog's first attack.  For years in Pennsylvania, it was the "common law" that an owner was not responsible for a dog bite unless he knew or had reason to know of his dog's "vicious propensity."  This is often incorrectly called the "one free bite rule."  Older cases in Pennsylvania indicated that a dog that did not show prior vicious tendencies might not be responsible for a first bite.  It was implied that the only way that an owner could have knowledge of his dog's vicious tendencies was that the dog had bitten previously.  However, there are actually many ways that a dog owner could have notice of its dog's vicious propensities, including the fact that the dog had a tendency to fight with other dogs, that there was a warning sign on the owner's property or that the owner had made statements about the dog's tendencies to other people. 

Under our law, the owner's awareness that its dog tends to bite or attack can be enough to make the dog owner legally responsible for even the first bite.  For this reason there really is no "one free bite" rule. 

In addition, there have been recent changes to the Pennsylvania dog law which establish criminal liability for harm done by domestic animals.  The Pennsylvania legislature, through a 1996 legislative amendment, made a law that imposes absolute criminal liability on a dog owner for any unprovoked attack.  In other words, Pennsylvania imposes criminal liability on a dog owner, under certain circumstances, for a dog bite regardless of whether it is a first bite.  Under the 1996 amendments to the dog law, it is not necessary to show that the owner knew or should have known that the dog was dangerous.  Further, it is not necessary to show evidence of a dog's history of viciousness.  The dog's vicious nature may be proven by virtue of the single attack in question, even if this is a first sign of the viciousness of the dog.  The amendments to the dog law now make it much easier to recover in civil court by dog bite claim.

If all of this sounds confusing to you, don't hesitate to call us at the Worthington Law Group, located in the Philadelphia, Pennsylvania area, to have us explain dog bite laws more fully.  We never charge to consult with you and are happy to help whether you hire us or not.

Dog Bites Can Be Devastating

Dog bites can be devastating.  Like most people, I view our dogs as part of the family. Our dogs are well socialized.  Unfortunately, in our office, we often see the devastating consequences that can result from dog bites.  We’ve seen injuries ranging from scars which our clients will bear on their faces for the rest of their lives, to wounds so deep that muscle and ligaments were exposed.  Needless to say, the bites and the resulting medical treatment are painful.  However, being  attacked by a dog can be tremendously  scary, particularly if the victim is a child or an elderly person.

In the United States, nearly eight hundred thousand people a year suffer injuries from dog bites and animal attacks that are significantly enough to require medical treatment, according to the Centers for Disease Control and Prevention.  Children are particularly vulnerable.  Of the dog bite victims needing medical attention, half are children.  Children between the ages of five and nine years old experience the most bites according to the Centers for Disease Control and Prevention.

Some bites while painful, require little recovery time.  Others, though, cause damage to the muscles, broken bones, and serious disfigurement.  Victims with serious  injuries may face numerous physical therapy sessions and multiple surgeries.  Sometimes, neurological damage can occur as a result of compression of the tissue from a hard bite. 

Children, particularly those with facial scars, may have to suffer through a number of scar revision surgeries as they grow up.  Children may have to endure teasing and undesired attention from their peers in school as a result of these scars until such time as they can have them surgically improved.  Some scars can’t be eliminated completely. 

People who go through the traumatic experience of being bitten by a dog deserve to be fairly compensated for their medical bills and the pain they’ve suffered. 

The most likely source for that compensation is the homeowner’s insurance policy of the dog owner and anyone who has dealt with an insurance company knows that the company would rather keep the money in its pocket than put it into yours.

For most people, dealing with an insurance company after dog bite or a car accident is a new, unfamiliar, and uncomfortable experience.  That’s why we have written this book.  It’s intended to serve as a reference tool that can help you deal with insurance companies and understand the nuances of dog-bite law. 

We think this book is necessary because you are at a natural disadvantage when you deal with insurance adjusters who handle claims for a living.  They do it every day and all day.  In a nut shell, they are professionals and you are not.  It has nothing to do with how smart or successful or aggressive you are in other areas of your life.  Insurance adjusters have the advantage because they settle claims for a living.  They do not get promoted at work for handing out large settlements to victims.  They are rewarded for keeping the figures they pay on claims low and paying as little as possible to save the insurance company money.  This book has been written because we believe that knowledge is power.  If you have any questions about a dog bite incident in which you, a family member, or a friend have been injured, please feel free to give us a call at 215-576-5150 (Phila. area) or toll free at 1-866-644-2389.   You can also visit our website at www.dogbite.us.

Critical Steps to Take Now in Case of a Dog Bite Attack

• Seek treatment immediately. The best thing you can do after a dog bite is to seek medical treatment and follow your doctor’s orders.



• Notify authorities. If you have been bitten, contact the police or county dog warden so that the appropriate reports can be made. Also, all bites are required to be reported to the local health department. The dog must be quarantined for ten days in order to determine whether it had rabies at the time of the bite.



• Do not rush to settle your claim. Don’t settle your claim before you complete your medical treatment. A few thousand dollars may sound good until you realize it doesn’t come close for compensating you for your injuries.



• Do not underestimate the insurance adjuster. Insurance adjusters have a huge advantage over you because they settle claims every day. You need a lawyer to help deal with them.



• Do not provide a statement to the adjuster. Don’t make any statements about your case until you consult with a lawyer.



• Do not sign medical authorization forms. Don’t sign authorization forms that permit an insurance company access to your private medical records. Only sign forms completed by your lawyer and make sure that any documents you receive you send to your lawyer to review.



• Document everything. Start your own file for all police, medical, and insurance documents related to your case. You can also use this file for correspondence from your attorney.



• Photograph the wounds on the victim and the dog that bit the victim if possible. It will be very important later on that good photographs are taken immediately after the bite has occurred. This means you need to take photos of the injuries as well as the perpetrating dog, if at all possible, without trespassing on the owner’s property. We normally take photos later in the process, but sometimes a dog owner owns multiple dogs of the same breed and only an identifiable collar or specific marking showing up in a photograph will make it possible to identify the attacking dog later.



• Honesty is the best policy. Be honest about your injuries. Nothing will destroy your claim faster than being caught in a lie.



• Do not hide information from your lawyer. Your lawyer needs to know the good, bad, and ugly about your case to properly represent you. What you do not tell your lawyer now will inevitably come out later. You do not want your attorney to be surprised in the courtroom.



• Do not exaggerate your injuries. Exaggerating the extent of your injuries could come back to haunt you if the insurance company films you participating in an activity you shouldn’t be able to do.



• Hire a personal injury lawyer who has experience with dogbite cases. Insurance companies employ their own attorneys and professionals who deal with personal injury cases every day. You need an experienced attorney also!