Dogs can be wonderful companions and great sources of happiness to individuals and families. But, they can also be very dangerous if they are aggressive and prone to attacking others. A dog owner is liable for injuries caused by an unprovoked dog bite if the injured person can show that the dog owner knew or should have known of the dog’s dangerous propensity.
Pennsylvania has actually passed a law requiring dog owners that are aware their dogs are dangerous to keep the dog inside a proper enclosure, unless the dog is muzzled and restrained and under the physical control of its owner. While unexcused violation of the Dangerous Dog Law is a criminal offense, it is also proof of carelessness and negligence and can be used by the plaintiff to prove liability for the pain and suffering and emotional trauma the attack has caused.
Further, where it can be proved that the dog owner was aware of the risk of his dog’s propensity for unprovoked attacks, the injured person may be entitled to punitive damages. Punitive damages are awarded to punish the defendant for his reckless indifference to the people around him.
In a recent decision in Lycoming County, the Court allowed the jury to award punitive damages where the plaintiff was walking on the sidewalk of a public street and suffered an unprovoked violent attack by an unrestrained and unleashed dog. The Judge relied upon evidence that the neighbors had complained to the defendants about the vicious propensities of the dog, and the defendant had knowledge of the dog previously biting a child in deciding to allow punitive damages.
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