After a Dog Bite Claim in Pennsylvania: What Happens to the Owner and the Dog

Attorney Answer

There are two separate tracks, and they move independently. The lawsuit is about money: the renters policy's liability coverage normally defends it and pays within its limits. The dog's future is set by Pennsylvania's Dog Law, and there the deciding facts are how serious the injury was and whether the dog has a history. A single bite does not by itself mean the dog is put down. A severe injury caused through the owner's carelessness can lead to a destruction order.

The money track. A renters policy's liability coverage generally pays for injuries the insured is legally responsible for, up to its limit, and provides a defense to a covered lawsuit. Under Section 502(b)(1) of the Dog Law, the owner or keeper must pay the victim's medical treatment costs in full. If a judgment were ever larger than the policy limit, the excess would be the owners' own responsibility. That is the point at which owners need their own lawyer.

The dog: what always happens. Under Section 502(a), a dog that bites or attacks a person is confined and isolated for at least ten days. The investigating officer decides where, and it may be at the owner's property.

The dog: what can happen.

A dangerous-dog charge. Under Section 502-A, a State dog warden or a police officer may charge the owner with the summary offense of harboring a dangerous dog. A judge must find, beyond a reasonable doubt, conduct such as an unprovoked attack or a severe injury. That finding makes the dog “dangerous” under the act, which brings registration and confinement requirements. - A destruction order. Under Section 505-A(c), where a dog, through the owner's or keeper's intentional, reckless or negligent conduct, aggressively attacks and causes severe injury or death of a person, the owner commits a first-degree misdemeanor, and a seizure and destruction order is issued. Section 102 defines “severe injury” as broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. Under Section 505-A(c.1), the owner may appeal the order within ten days of receiving it, and the dog stays confined at the owner's expense meanwhile.

So for the dog, the deciding questions are how serious the injury was, and whether the dog had attacked before.

Because charges are possible, owners contacted by a dog warden or the police about the bite should speak to a lawyer before answering questions about it.

What you can do

1. Send any court papers to the insurer the day they arrive. A lawsuit's response deadlines are short.

2. Keep the dog's license and vaccination records together.

3. Follow any confinement order exactly.

4. If a dog warden or police officer makes contact about a charge or the dog, speak to a lawyer before responding.

5. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Pennsylvania attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. A seizure and destruction order can be appealed only within ten days of receipt, under Section 505-A(c.1) of the Dog Law. A response to a lawsuit is due on a short court deadline, which is why the papers go to the insurer at once.