Who is liable if a dog bites me in Pennsylvania?

1. Liability Standard

Pennsylvania combines strict liability for medical bills (3 P.S. § 459-502-A of the Dog Law) with common-law negligence/one-bite requirements for all other damages.

2. Statutory Elements (Medical-Cost Recovery)

Plaintiff must show: (a) defendant owned or harbored the dog; (b) the dog inflicted severe injury or attacked; and (c) medical expenses were incurred.

3. Common-Law "One-Bite" Doctrine

For pain and suffering, scarring, and lost wages, plaintiff must prove scienter (prior aggression known to owner) or negligence such as violating the state leash law (3 P.S. § 459-305) — which can establish negligence per se.

4. Trespasser Defense

Trespassers may be barred from statutory medical-cost recovery and must prove willful misconduct for common-law claims.

5. Provocation Defense

Provocation reduces or bars recovery in negligence-based claims.

6. Comparative Fault

Pennsylvania's modified comparative-fault rule (42 Pa. C.S. § 7102) bars recovery if plaintiff is more than 50% at fault.

7. Landlord Liability

A landlord can be liable only if they had actual knowledge of the dog's vicious propensities and retained control to remove the dog (Palermo v. Nails).

8. Homeowner's Insurance

Pennsylvania policies usually cover dog bites; breed exclusions for pit bulls, Rottweilers, and Doberman Pinschers are common.

9. Damages

Medical bills (strict), plus pain, suffering, scarring, lost wages, and future surgeries on negligence/scienter showing.

10. Criminal Liability

Owners of dangerous dogs that cause severe injury face misdemeanor or felony charges under 3 P.S. § 459-502-A. Dog-on-dog attacks have separate consequences.

This is legal information, not legal advice.