Recently, I was riding my bike with a group of experienced cyclists on a quiet farm road (on the other side of a quaint, covered bridged) when we encountered a highly-aggressive, unrestrained pit bull and an intimidating (albeit, much more passive, but equally unrestrained) Akita. Please note that I am not disparaging pit bulls, Akitas, or any other breeds. I only mention the breed here to provide detail to the story. Anyway, we were climbing up a hill so, naturally, I was in the back of the pack, about 50 yards behind the two leaders of the ride. From that position, I observed the pit bull rush down from his yard, approach our lead rider, and bite him on the foot!
I immediately pulled up and straddled my bike. I was joined by another of the riders. Together, we watched as the pit bull continued to chase our friends up the road for about 30 yards. Thankfully, they rode free without another incident. But, as the dog lost interest in them, it turned back around and refocused its attention on us!
As the pit bull approached at a full sprint, I imagined the worst. I didn't know whether to turn around and race down the hill or to prepare to fight. I tried to stay calm. My buddy hopped off his bike and placed it between himself and the dog. So, I did the same.
As the dog got close, we both yelled (loudly) for him to stop and sit. Thankfully, the dog listened. But he did not retreat. I still did not know whether to turn around and flee or try to walk past his yard. Our friends were now at least 100 yards down the road. My buddy made the decision to walk on, so I (reluctantly) followed.
We were able to walk our bikes up the hill to our friends, but not without the pit bull staying within 10 yards of our every step. Every time we tried to remount our bikes, he would come closer! We yelled at him and he would retreat a little bit each time. The Akita kept a watchful eye on us, but (thankfully) never got to the road. Once we were about 50 yards down the road, the pit bull finally let us go. The rider who was bitten was wearing thick shoes and booties to protect his feet. So, he wasn't injured. I'm not sure if he will ever ride that road again, but I will definitely think twice about it.
Incidents with dogs (on or off the bike) are frightening. Even the best, well-trained dogs can be unpredictable. They can bite, knock you down, or injure you while you attempt to flee from an attack. You might suffer a puncture wound, a broken bone, or a head injury. An encounter with a vicious dog may even leave you with post-traumatic stress. The encounter I had with the pit bull will not be forgotten any time soon.
If you have suffered an encounter with a vicious dog (or other animal), it is important that you protect your rights. You should immediately:
- Seek medical attention;
- Notify local animal control;
- Take photographs of your injuries;
- Gather information, including the location of the dog's residence and the names and addresses of any witnesses; and
- Consult a lawyer.
In Pittsburgh and Allegheny County, you can report a dog bite or attack incident to the Dog Warden at (412) 418-2163. In Pittsburgh, attack victims and medical personnel may also report the incident to the Bureau of Animal Care and Control. A police officer or Animal Care and Control Officer will then investigate the incident. For more on what to do in the event of a dog bite or attack, see here.
If you were injured and need to seek recovery for your pain and suffering, it is not enough to show that the dog was an allegedly "vicious breed." Rather, the critical question is whether or not the dog exhibited vicious tendencies, i.e., a history of aggressive behavior and attacks, and whether or not its owner knew about those tendencies.
In Pennsylvania, vicious propensities can be exhibited by the dog's conduct on the day in question. In other words, the dog (and its owner) are not entitled to "one free bite." Further, it must also be shown that the dog's owner failed to properly restrain the animal. Pennsylvania has leash laws that prevent owners from permitting dogs to leave the owner's premises while uncontrolled. An owner can claim that his/her dog escaped. In that case, the question for the jury will be whether or not the owner took reasonable steps to restrain the dog. For example, if a dog can jump a six foot fence, then (clearly) a four foot fence is not sufficient to restrain that dog.
Avoiding an incident in the first place is always better than dealing with the aftermath. For some tips on what to do in the event of an encounter, see here and here. If you are involved in a dog attack, please do not hesitate to contact me for a free consultation and to discuss your case.
In the meantime, be safe out there and thank you for reading.
Search terms: dog bites, dog law, dangerous dogs, vicious propensities, Pennsylvania dog law, Pittsburgh dog law, dog bite accident, aggressive dogs, homeowner liability, leash laws, unrestrained dogs, Bicycle accident cases and lawsuits, Bicycle collisions, Bicycle safety, Bike accident lawsuits, Bike accidents, Bike collisions, Risks for bicycle riders, accident attorney, accident lawyer, bicycle, bicycle accident laws, bicycle accident, bicycle accident attorney, bicycle risks, bicycle safety, bike accident, cycling, Pittsburgh, Pennsylvania, Matthew F. Dolfi, Matt Dolfi, Pittsburgh Bike Lawyer, Pittsburgh Bike Accident, lawyer-cyclist, The Lawyer Cyclist
If you were injured and need to seek recovery for your pain and suffering, it is not enough to show that the dog was an allegedly "vicious breed." Rather, the critical question is whether or not the dog exhibited vicious tendencies, i.e., a history of aggressive behavior and attacks, and whether or not its owner knew about those tendencies.
In Pennsylvania, vicious propensities can be exhibited by the dog's conduct on the day in question. In other words, the dog (and its owner) are not entitled to "one free bite." Further, it must also be shown that the dog's owner failed to properly restrain the animal. Pennsylvania has leash laws that prevent owners from permitting dogs to leave the owner's premises while uncontrolled. An owner can claim that his/her dog escaped. In that case, the question for the jury will be whether or not the owner took reasonable steps to restrain the dog. For example, if a dog can jump a six foot fence, then (clearly) a four foot fence is not sufficient to restrain that dog.
Avoiding an incident in the first place is always better than dealing with the aftermath. For some tips on what to do in the event of an encounter, see here and here. If you are involved in a dog attack, please do not hesitate to contact me for a free consultation and to discuss your case.
In the meantime, be safe out there and thank you for reading.
Matthew F. Dolfi
Dolfi Law PC
1100 Washington Avenue
Suite 206
Carnegie, Pennsylvania 15106
412-227-9724
1100 Washington Avenue
Suite 206
Carnegie, Pennsylvania 15106
412-227-9724
Search terms: dog bites, dog law, dangerous dogs, vicious propensities, Pennsylvania dog law, Pittsburgh dog law, dog bite accident, aggressive dogs, homeowner liability, leash laws, unrestrained dogs, Bicycle accident cases and lawsuits, Bicycle collisions, Bicycle safety, Bike accident lawsuits, Bike accidents, Bike collisions, Risks for bicycle riders, accident attorney, accident lawyer, bicycle, bicycle accident laws, bicycle accident, bicycle accident attorney, bicycle risks, bicycle safety, bike accident, cycling, Pittsburgh, Pennsylvania, Matthew F. Dolfi, Matt Dolfi, Pittsburgh Bike Lawyer, Pittsburgh Bike Accident, lawyer-cyclist, The Lawyer Cyclist
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