If you've been the victim of a dog bite in Luzerne County, you may be able to file a claim against the dog's owner—and in some situations, additional parties as well. However, dog owners often raise several defenses when these claims are filed. Understanding these defenses can help you and your attorney prepare to defeat them.

Common Defenses in Pennsylvania Dog Bite Cases

1. The Dog Escaped from a Properly Fenced Yard

A dog owner may argue that they had a secure, properly fenced yard and that the dog escaped unexpectedly. While owners are expected to maintain control of their dog at all times, this defense can sometimes reduce their liability by showing they complied with Pennsylvania's leash and control laws.

2. You Were Trespassing

Under Pennsylvania law, dog owners are generally not liable for injuries sustained by trespassers. If the owner can show that you entered the property unlawfully, they may claim protection from liability, arguing that both they and their dog were defending their premises.

3. You Provoked the Dog

Provocation is one of the most frequently used defenses. If you teased, hit, or otherwise provoked the dog, the owner may argue that the dog reacted naturally to your actions. This defense can apply even if the incident occurred off the owner's property.

4. You Assumed the Risk of Injury

This defense is commonly raised when the victim was caring for the dog at the time—such as a dog walker, groomer, or sitter. If the owner warned that the dog had aggressive tendencies and the handler ignored those instructions, the defense may argue that the victim voluntarily assumed the risk of being bitten.

Contact a Luzerne County Dog Bite Attorney Today

If you or a loved one have been injured as the result of a dog bite in Luzerne County or Northeastern Pennsylvania, call Sklarosky Law today at (570) 283-1200 or use our online contact form and tell us about your potential case.  Dog bite claims can be complex and challenging.  Do not wait, call us today so that we can help you obtain the financial compensation you may be entitled to.