QUESTION
Do I need to wait to get married until after the statute of limitations expires in order to keep my assests protected?
Asked on Dec 27th, 2016 on Civil Litigation - Virginia
More details to this question:
My fiancé's dog got off the leash and wondered into a neighbor's yard where he was attacked by their dog. The neighbor was bitten while trying to separate the dogs. Since we did not witness the event and our dog was off the leash, we are worried that the neighbor may sue us. We were planning to get married in less than a year, but the statute of limitations on this kind of claim is two years. Since we were not married at the time of the incident, and it is not my dog, nor is my name on the property, I was told that I cannot be held responsible in a civil case for my fiancé's dog. Do I need to hold off on the marriage to protect my assets until after the statute of limitations expires? Or will only his assets be subject to any garnishment if he were to lose the case regardless of our relationship status at the time of the proceedings since we were not married at the time of the incident?
1 ANSWER
Married or not, you have no responsibility for the actions of someone else or someone else's dog (with limited exceptions for married people that are not applicable here). However, it is unclear to me that you had no responsiblity for the dog, as you state that "our dog" was not on its leash. Also, whether you own the dog or not, if it was in your care and YOU decided not to have it on the leash, you could be liable for your actions if they are found to be negligent. However, neither of these potential bases for liability has anything to do with whether you are married to your fiance or not. In sum, your assets could possibly be at risk, but not because you are married or unmarried, at the time of the incident or now.
Answered on Dec 28th, 2016 at 1:44 PM