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I am sorry to hear about this situation. Dog law is focused more on when a human is bit. In dog versus dog, the doctrine of negligence controls. Pennsylvania uses modified comparative negligence doctrine. This means that Plaintiff’s negligence will diminish, but not bar, his recovery, unless he negligent more than 51%. 42 P.S. § 7102.
In other words, the Court would look to who had what fault. If you were at 33% and he was at 67%, then you could recover 67% of your damages (medical costs). Because he was 33% negligent, he cannot recover any. That may also be flipped as well.
If the dog ran out from their yard and attacked first, they (arguably) bear the bulk of the negligence (at least 51%) and should not be able to recover.
At this point, it is your word versus theirs. Someone in your situation may wish to find witnesses to record their statements and names/contact information in case there is court, who can confirm that their dog began the fight.
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