QUESTION
Am I liable if my dog bites someone when he was provoked?
Asked on May 11th, 2015 on Personal Injury - Washington
More details to this question:
My dog bit someone. He was on a leash, but this stupid kid came up and was throwing rocks at him. I tried to get the kid to stop, but he would not do it, and when the kid got too close, my dog bit him. It was a very small mark, but of course, his mother only saw the dog bite him, and now she is threatening to sue. I am so worried about my dog, I do not want them to put him down! Am I really liable for this?
13 ANSWERS
Ronald A. Steinberg
The owner of a dog is liable for an unprovoked attack by the dog. Just turn the matter over to your homeowner's insurance company to defend. You will be the chief witness for your position, and since the mother did not see what preceded the dog bite, your lawyer will beat her up on cross examination.
Answered on May 12th, 2015 at 2:53 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Under the circumstances you describe, no. But: it is possible that they might have a different version of the event and then it comes to who is more believable. If you have homeowners or renters insurance, call them right away and cooperate fully in the investigation. They will defend you and if a deal needs to be made, they will pay the settlement and if they decide to fight, they will pay the attorney fees.
Answered on May 12th, 2015 at 8:17 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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In Florida, you are statutorily liable for any injuries your dog causes when he bites another, with the exception of when the person provokes the dog, as was done here. If you have homeowners' insurance, report the claim to your insurer right away..... they'll take care of it.
Answered on May 12th, 2015 at 7:33 AM
You are not liable but the problem will be the kid will deny he threw rocks. ?If you saw it and that the dog was on a leash, and especially if the dog was on your property, you should be able to win, but you can not be sure what animal control will do. ?Write the mother a detailed letter as to the facts and that her son is guilty of animal abuse and can get into criminal trouble and he is forbidden from ever coming onto your property or any where near the dog [because you know he will likely do it again] and that you refuse to pay anything because he is liable and not you. ?Do you have an insurance policy that would protect you
Answered on May 12th, 2015 at 12:16 AM
James Eugene Hasser
No. Like you said, your dog was provoked. Good luck.
Answered on May 11th, 2015 at 5:54 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The first thing you should be doing is notifying your homeowners or renters insurance carrier. Just as aside, if any individual torments a dog and gets themselves but that generally is a defense unless the dog has been known to be aggressive in the past. You remember, however, that your recollection will be significantly different than the other sides.
Answered on May 11th, 2015 at 5:15 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You might be held liable. Your defense is that the child provoked the dog. You will need to find witnesses. And a lawyer. Good Luck.
Answered on May 11th, 2015 at 5:11 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Maintain a low profile for now. However, now that your dog has bitten someone, regardless of the justification, the next time he bites, you will be liable if a jury ever gets it. I don't quite see how the child was bitten if you had a leash.
Answered on May 11th, 2015 at 5:05 PM
Lisa Hurtado McDonnell
Tell her to send you the his medical bill. If they didn't go to a doctor then they don't have a claim for damages.
Answered on May 11th, 2015 at 4:24 PM
Edwin K. Niles
The dog is not likely to be in any danger, but yes, you are responsible although the kid is as well. Check to see if your homeowner's policy has liability coverage. If not, explain to Mom how the kid provoked the incident.
Answered on May 11th, 2015 at 3:40 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Liability for damages and being put down are two different matters. Check with Animal Control about avoiding being put down.
Answered on May 11th, 2015 at 3:37 PM
In Massachusetts, we have strict liability when it comes to injuries caused by dogs. Typically, that means that the owner and or keeper of the dog is automatically liable for all injuries and/or damages caused by the dog. The one exception to the rule is when a person teases or torments a dog and the dog bites as a result. This is a defense that can used in your case.
Answered on May 11th, 2015 at 3:36 PM
Thomas Edward Gates
You may be liable, but the facts of the matter will likely dismiss what happened. The incident should have been reported to the police. You can look into whether your homeowner's insurance will cover the matter. If not, get an attorney to assist you. Do not talk to anyone before hand.
Answered on May 11th, 2015 at 3:36 PM