QUESTION
Am I liable for my dog biting another visiting dog inside my house?
Asked on Jun 24th, 2013 on Litigation - Alabama
More details to this question:
My niece was staying over my house for a weekend and her husband thought it was a good idea to bring her dog over when he came to pick her up without asking me. She walked him in and my giant lab sniffed him and then attacked him. She is now asking me to pay half of the doctor’s bill. I’m willing to help her but I don't think is fair since she didn’t even asked for my permission to bring her dog into my house.
7 ANSWERS
Michael J. Breczinski
Call your insurance company on this.
Answered on Jul 03rd, 2013 at 3:17 AM
Personal Injury Attorney serving Great Neck, NY
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Goldman & Maurer, LLP
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In New York, owners of a dog that does not have known vicious propensities (i.e., has bitten other people, animals previously, or is the type of dog that, by definition is vicious, i.e., a pit bull, a doberman, a rottweiler,) are permitted "one bite." That is, without prior knowledge that your dog is vicious or is going to bite someone (or something), you have no liability. In your case, if you knew your dog would bite the other dog because this occurred in prior occasions with other dogs, then you are responsible. If not, then you are not responsible.
Answered on Jun 25th, 2013 at 9:44 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I agree with you. you could be found liable if your dog is "vicious" that is, if your dog is known for attacking other dogs or people. so be careful
Answered on Jun 25th, 2013 at 9:44 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I assume you mean "veteranarian's bill". When the person brought his dog into your house, you did give permission because you didn't say "don't bring your dog into my house". These things happen with dogs. Technically, I don't think you are liable. They could take you to small claims court. If you have homeowner's insurance, you should report the matter to them immediately. Then when the insurance company refuses to pay, they can hire a lawyer to defend you in court. Meanwhile, you could pony up the half cost of the vet bill just to keep peace in the family.
Answered on Jun 25th, 2013 at 9:44 AM
Did someone from your household let him in; then the dog was inside with your implied permission. If your niece let him in, then depending upon the exact facts there might have been permission but there probably was. Your dog might have gone outside when the husband came by any way and attacked the other dog. You are lucky that she only wants you to help with the payments instead of paying all the vet bills.
Answered on Jun 24th, 2013 at 9:38 PM
James Eugene Hasser
I don't see any liability. In addition, I see problems with contributory negligence and assumption of risk.
Answered on Jun 24th, 2013 at 9:37 PM
James Edward Smith
I would split the bill because they were comparatively at fault for bringing the dog in without your permission.
Answered on Jun 24th, 2013 at 9:37 PM