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What Is Negligence In The Context Of A PA Dog Bite & Attack Injury Case?

By a PA & NJ dog attack injury lawyer.

Victims of dog bites and dog attacks in Pennsylvania cannot financially recover from the dog owners just because they were bitten or attacked by the dogs.  Unlike other states, the dog bite and attack law in Pennsylvania requires a dog bite victim to prove that the owner was responsible for the attack. In other words, a dog owner is not strictly or automatically liable for a dog attack victim's injuries caused by their dog.  A dog bite victim in Pennsylvania needs to prove that the dog owner is negligent in some way which led to the dog attack.

PA Dog Bite Case Result - Dan O'Brien, Esq. helps dog bite victim receives $1,000,000

What Is Negligence?

The legal term "negligence" can be defined as the following:

the absence of ordinary care that a reasonably prudent person would use in the circumstances presented.  Negligent conduct may consist either of an act or a failure to act when there is a duty to do so.  In other words, negligence is the failure to do something that a reasonably careful person would do, or doing something that a reasonably careful person would not do, in light of all the surrounding circumstances established by the evidence of a case. 

Negligence & Pennsylvania Dog Attacks

In Pennsylvania, there are animal laws that dog owners need to abide by.  One of them is the "leash law."  The name of the law can be a bit misleading.  It does not mean that the dog has to be on a leash at all times.  Rather, it requires the dog to be under proper and adequate control, i.e., confined to an owner's property or maintained within reasonable control of the owner or another person.  Therefore, dog owners are negligent when they do not keep their dogs under proper and adequate control.

Related: Dog Owners Are Responsible For Controlling Their Dogs To Prevent Dog Attacks & Injuries In PA

Consider that following: a dog owner lets his dog out in the backyard during the day for a period of time.  The dog is kept in the backyard by an invisible fence, which is an electronic system that keeps the dog in predefined boundaries without the use of a physical barrier.  The dog wears a collar and receives a mild shock if it goes outside the boundaries. 

One day, the dog was able to go outside the backyard and attacked a biker riding in the neighborhood.  This was not the first time the dog was able to leave the backyard even with the invisible fence.  It happened on two prior occasions the week before.  Neighbors brought the dog back to the owner who planned to look into why the invisible fence was not working.

In this situation, the dog owner is negligent for the biker's injuries because he did not keep his dog under proper and under adequate control.  The dog owner knew that the fence was not working and still let his dog out in the backyard.  A reasonable person would have not let the dog out in the backyard unsupervised knowing that on prior occasions, the invisible fence did not work.

Help After A Pennsylvania Dog Attack

Daniel J. O'Brien, Esq. is an experienced dog attack lawyer licensed in Pennsylvania and New Jersey.  He has helped many dog attack victims.  Call Mr. O'Brien to schedule a FREE legal consultation. 877.944.8396


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