Dog bites are a significant public health concern in the United States, with an estimated 4.5 million incidents occurring annually. The Centers for Disease Control and Prevention (CDC) has provided guidelines to reduce the risk of dog bites, emphasizing preventive measures for both individuals and communities. However, beyond the immediate physical harm, dog bites often lead to legal consequences, particularly in states like Pennsylvania. This article will delve into the CDC's recommendations for avoiding dog bites, while also considering the legal ramifications of dog bites in the context of Pennsylvania law.

1. Understanding the CDC's Guidelines to Prevent Dog Bites

The CDC outlines a series of measures that can help reduce the risk of dog bites, which are a common cause of emergency room visits, especially among children. These recommendations can be broken down into several categories, focusing on proper dog handling, education, and community engagement.

A. Educate Children and Adults About Dog Behavior

The CDC stresses the importance of educating both children and adults about dog behavior. This is particularly crucial since children are more likely to be bitten by dogs due to their size, unpredictability, and natural curiosity around animals. Key educational tips include:

• Approaching Dogs Cautiously: Individuals, especially children, should always approach a dog cautiously, never from behind, and avoid startling the dog.

• Avoiding Aggressive Behavior: People should avoid aggressive or rough play with dogs, as it can trigger defensive reactions.

• Understanding Dog Body Language: Teaching individuals to recognize signs of stress in dogs (such as growling, showing teeth, or a stiff posture) can prevent potential bites. Knowing when to give a dog space is vital.

B. Supervise Interactions Between Dogs and Children

The CDC emphasizes adult supervision during interactions between children and dogs. Despite a dog's temperament, it can become startled or feel threatened by a child's behavior, which can lead to aggression. Adults should intervene if a child is being too rough with the dog or if the dog is showing signs of discomfort.

C. Leash and Control in Public Spaces

Leashing dogs in public places is a fundamental recommendation to prevent accidental bites. The CDC notes that uncontrolled dogs, especially in crowded areas, may become anxious or territorial, increasing the risk of a bite. Dog owners should be diligent about following leash laws and controlling their dogs in public spaces.

D. Avoid Approaching Unfamiliar Dogs

The CDC advises that individuals should never approach unfamiliar dogs, especially those that are not with an owner. Unsupervised dogs may feel threatened by unfamiliar humans, especially if they are sick, scared, or in a confined space.

E. Spaying and Neutering

The CDC also highlights the role of spaying and neutering in reducing aggressive behavior in dogs. Dogs that are not spayed or neutered are more likely to exhibit territorial or dominance-based aggression.

2. Legal Implications of Dog Bites in Pennsylvania

In Pennsylvania, dog bites are not only a public health concern but also a legal issue. Victims of dog bites may be entitled to compensation under the law, but the legal landscape varies depending on several factors, including the dog's history and the specific circumstances of the attack.

A. Strict Liability for Dog Owners

Pennsylvania follows a "strict liability" rule when it comes to medical bills resulting from dog bites. Under 23 Pa. C.S.A. § 8342, a dog owner is strictly liable for the medical bills for any injuries caused by their dog if the attack occurs on public property or on private property where the victim has a right to be. This means that the dog owner is responsible for the bills regardless of whether they knew their dog had aggressive tendencies or whether the dog had previously bitten someone.

B. Full Compensation Including Pain And Suffering

While Pennsylvania makes dog owners and keepers strictly liable for the payments of a victim's medical costs, full compensation is available only if the victim can prove that the dog owner, keeper or harborer was negligent or knew that the dog had dangerous propensities.

C. "Provocation" Defense

In some cases, a dog owner may attempt to use the "provocation" defense, which asserts that the victim's behavior caused the dog to bite. For example, if someone teased or hit the dog before the bite, the owner may argue that the dog acted in self-defense. However, the burden of proof falls on the dog owner to demonstrate provocation, which can be challenging.

D. Legal Recourse for Victims

Victims of dog bites in Pennsylvania have the right to seek damages through a civil lawsuit. Compensation may cover:

• Medical Expenses: Including hospitalization, surgeries, and ongoing treatment.

• Lost Wages: If the injury prevents the victim from working.

• Pain and Suffering: For physical and emotional distress caused by the bite.

• Punitive Damages: In cases of severe negligence or if the dog owner knew their dog had aggressive tendencies and failed to take appropriate action.

Victims must act quickly, as there is a statute of limitations for filing a dog bite claim. In Pennsylvania, the statute of limitations for personal injury claims, including dog bites, is generally two years from the date of the incident.

3. How to Prevent Legal Complications

Dog owners in Pennsylvania can take several proactive steps to avoid legal consequences following a dog bite:

• Proper Training: Ensuring that the dog is well-trained and socialized can reduce the likelihood of aggressive behavior.

• Leash Laws: Following local leash laws to prevent a dog from acting aggressively toward others in public spaces.

• Insurance: Most homeowner's insurance policies and some renter's policies cover dog bites, and owners should verify that their policy includes such coverage.

• Proper Containment: Ensuring that a dog is contained on the owner's property, especially if the dog has a history of aggression, can help prevent incidents.

Conclusion

Preventing dog bites is a shared responsibility between dog owners, the public, and healthcare systems. By following the CDC's guidelines—educating both children and adults about proper dog behavior, supervising dog-child interactions, and ensuring safe public practices—individuals can reduce the incidence of dog bites. However, it's essential to recognize the serious legal implications that follow a dog bite, particularly in Pennsylvania where the law holds dog owners strictly liable for injuries caused by their pets. By understanding both preventive measures and the legal landscape, we can create a safer environment for both humans and dogs alike.

If you or a loved one have been bitten by a dog, contact Worthington Law Group and let Sandra Worthington evaluate your claim quickly and confidentially.  Your inquiries will handled with total discretion and confidentiality which is critical if the attacking dog owner is a neighbor or family member.

Call us at 215-576-5150 for a free, no-obligation, complete evaluation of your situation.