Dog Bite Defenses: Provocation and Trespass

By the FigureMyTax Editorial Team · How we calculate

Strict liability for medical costs is broad, but it has common exceptions.

Trespassing

One of the most common exceptions to strict liability is when the victim was trespassing on the dog owner's property.

Provocation

A dangerous dog is defined by severe injury without provocation, so provocation is a core defense and can also defeat strict liability.

Negligence defenses

For pain and suffering, the owner may argue it exercised reasonable control. An unexcused Dog Law violation is negligence per se, which defeats that.

Comparative negligence

Your damages are reduced by your percentage of fault, and you are barred if your negligence is greater than that of the defendants.

Insurance

Dog bite claims are usually paid by the owner's insurance.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Pennsylvania's rules apply to your specific case with a licensed Pennsylvania attorney.