Medical Costs Strict, Everything Else Needs Proof in Pennsylvania

By the FigureMyTax Editorial Team · How we calculate

Pennsylvania is a hybrid: automatic for medical bills, proof for the rest.

Strict liability for medical costs

Under 3 P.S. 459-502(b)(1), any cost to the victim for medical treatment resulting from an attacking or biting dog must be paid fully by the owner or keeper. You do not have to prove the owner did anything wrong.

Everything else

To recover pain and suffering, scarring or lost wages, you must show that the owner was negligent or that the dog was previously classified as dangerous.

Dog Law violations

Courts have held that an unexcused violation of the Dog Law is negligence per se. Miller abrogated the common-law one free bite rule, though not completely.

Dangerous dogs

A dog is dangerous if it inflicted severe injury without provocation on a human being, or has a history of attacking without provocation. Severe injury means broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

Insurance and deadline

Dangerous dog owners must maintain liability insurance of at least $50,000. The deadline is two years.

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.