Dog Bite... "Do I have a case?" and "Is there a 'one free bite' rule" in Pennsylvania?

The most important things to know if you are wondering if you have a case:
1. was the dog that bit you unleashed?
2. was the dog roaming free off the property of its owner?
3. was the dog not under any person's control?

If the answer is yes to any of those three questions, most likely, there is a legal case for negligence.

THE LAW

In Pennsylania, an unleashed dog off the premises and/or not under someone’s reasonable control is a violation of Dog Law, 3 P.S. 459-305 (“Confinement of Dogs”). A bite occurring by such an unleashed, roaming dog off the premises in violation of Section 459-305 does not require you to prove the dog had a "dangerous propensity". (Miller v Hurst, 448 A2d 614 (Pa Super 1982): “The restraint requirement of the dog law is the standard to be utilized in determining whether a person has complied with the common-law duty to exercise ordinary care; (3) an unexcused violation of the dog law is negligence per se; and (4) evidence that defendant intentionally allowed his dog to run without restraint prior to time plaintiffs' six-year-old child was bitten by dog and injured was sufficient to make out a prima facie case of negligence.”; Liles v. Balmer, 567 A.2d 691 (Pa Super 1989): where dog ran out into street causing moped crash, “prima facie case of negligence can be established by evidence that dog has been allowed to run without restraint in violation of the dog law. 3 P.S. § 459- 305. Evidence of prior lack of restraint which permitted dog to run into street was not relevant in action arising from moped accident to prove negligent lack of control of dog at time of accident. 3 P.S. § 459-305.”)

WHERE THE DOG BITE HAPPENS ON THE PROPERTY OF THE OWNER

You must prove the dog had a "propensity to bite/attack". An old version of the law was referred to as the "1 free bite rule". This is no longer the case. If the dog bite happened on the owner's property, the "propensity to bite/attack" can be proven by the bite to you itself. Commonwealth v. Hake, 738 A.2d 46 (Pa. Cmwlth. 1999) (and Section 502A of the Dog Law) (the Hake case permitted a finding of a "propensity" to attack human beings by virtue of the attack in question, even if it is only the first attack).

If you have any questions or would like more information about the Pennsylvania Dog Law, feel free to call us.

David E. Schreiber
Of Counsel
Law Offices Of Thomas Wolpert, PC
(610) 792-3304

www.PAinjurycase.com

Why won't the insurance company pay for my lost wages?

If you have been in a Pennsylvania car accident and have missed time from work, you may be able to get lost wages repaid. The first thing you want to do is check your own car insurance policy. Even if the other person is at fault, you have something called "no fault" coverage on your policy. You may have wage loss coverage on your policy. If you do, the advantage is that you can apply for and collect lost wages as you are losing the time. (If you don't have this coverage, ask your insurance agent to have it added onto your policy. Or, if you want to switch insurance companies, ask about this coverage. It is not expensive). If you don't have wage loss coverage under your own policy, then the at-fault driver's insurance company would owe you lost wages. The problem there is that the at-fault insurer likely won't pay your lost wages without a full release of all claims. You won't want to sign any release unless you are done with your case. So, you may be stuck waiting to be repaid the lost wages until the end of your case (meaning, if you are also making a claim for bodily injury).

The bottom line is to make sure you have wage loss coverage under your own policy: it's not expensive, and it will pay you as you lose the time from work.

If you have any questions, feel free to contact us for a free evaluation/consultation.

David E. Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC
(610) 792-3304
www.PAinjurycase.com

Motorcycle Accident Cases

I recently had depositions in a motorcycle accident case in which our client was hit at night by a car. Our client had extra lighting on his motorcycle for more visibility at night. High-definition lighting was added. It seems like a good safety feature to add to a motorcycle. Also, if you are injured in a motorcycle accident, it is a good idea to take a look at your operator's manual. In our case, the defendant was claiming our client made some steering manuevers just before the crash. In the information provided in the operator's manual of the motorcycle, it shows that such claims were all but impossible for this type of motorcycle.

Make sure you save any receipts for custom parts to the motorcycle. It is interesting that the major insurance companies do not have a set formula for valuing the property damage, market value, of motorcycles which are totaled in a car accident. With a car, they simple apply their formula valuations and then try to argue from there. However, with a motorcycle, they will usually tell you to get and supply your own estimate from a qualified dealer or appraiser.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC
(610) 792-3304

www.PAinjurycase.com

Can I Get Pain and Suffering Damages If I Have Limited Tort On My Car Insurance In Pennsylvania?

http://www.hg.org/article.asp?id=19923

What is a Deposition?

A deposition is a question and answer session in a legal case. In Pennsylvania, during a civil litigation lawsuit, both sides are allowed to seek "discovery". This means they are allowed to take depositions of witnesses to find out what the witnesses know and would say in court. The deposition is "transcribed" by a stenographer. That is, the stenographer will take down everything that is said and print it out in a transcript, so that there is a record of what is said. The deposition is under oath- you are sworn in to tell the truth.

In court, a witness can be cross-examined using their deposition transcript (that is, if they said something different than what they said in their deposition).

If you are scheduled for a deposition and are one of the parties in the lawsuit, your lawyer will typically meet with you before the deposition to prepare you for what will be asked and what you will need to know.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC

serving: Berks, Chester and Montgomery Counties
Personal Injury Lawyers