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My neighbor uses an invisible fence and shock collar on his dog to keep it contained in the front yard. However, the dog ran over to my yard, attacked and bit me. Can I sue my neighbor in PA?

 

A:

Yes.  Under Pennsylvania law, dog owners have the duty to keep their dogs under proper and adequate control.  This is known as the “leash law.” Therefore, if a dog owner keeps his dog in the front or back yard of his home, the owner has to confine the dog in the yard to prevent it from escaping and attacking someone.

In your situation, if your neighbor keeps his dog in the front yard, the dog should be confined to the front yard.  If your neighbor forgot to turn on the invisible fence when he let his dog out, which resulted in the dog attacking you, your neighbor may be responsible for your injuries.

Your dog bite/attack injuries may be covered by your neighbor's homeowners insurance.  Not all homeowners insurance policies cover dog attacks.  Therefore, it is vital to have an experienced PA dog attack and injury lawyer evaluate your potential dog attack case and determine whether an insurance policy applies.

Aside from your neighbor, the invisible fence manufacturer may be liable for your dog attack and injuries if the invisible fence was defective, causing it to malfunction. If your neighbor turned on the invisible fence prior to letting his dog out, but the invisible fence did not work due to a defect, then you may file a products liability claim against the invisible fence maker.  There are two types of defects: a design defect and a manufacturing defect.  If the invisible fence had either one or both of those defects, you may have a viable claim against the manufacturer.  For more information about PA dangerous product claims, also known as products liability claims, see When Is A Product “Defective” In Pennsylvania? | PA NJ Products Liability Lawyer.

For more information about PA dog attack and injury cases, see the articles below:


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