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The dog lives in a dog house and he is tied. The property is fenced. A neighbor decided to open the main fence door in the middle of the night to feed the dog and he was bitten. The dog has never bitten anyone before.
16 ANSWERS
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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You can certainly be sued (which doesn't necessarily mean that you will lose), however, this part of the reason why people have homeowner's insurance liability coverage. You should turn the incident in to your insurance agent.
Answered on Feb 17th, 2012 at 12:13 PM
I'm not sure but I doubt it because the neighbor's conduct as you've described appears to be riddled with contributory fault or negligence. Arguably the neighbor assumed the liability of being bitten if he engaged the animal. This is a fact specific answer so my answer may change if the facts change in any way.
Answered on Dec 07th, 2011 at 12:49 PM
Truck Accidents Attorney serving Indianapolis, IN
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Craig, Kelley and Faultless LLC
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If your neighbor did not have permission to be on your property then I do not believe that the person would not have a valid case. In addition if the dog has never should vicious propensities you wouldn't be responsible for the dogs action.
Answered on Dec 01st, 2011 at 8:30 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You can be held liable if it can be shown that the dog was vicious; that it bit or threatened someone before or was known to be difficult to control or of a mean temperament.
Answered on Dec 01st, 2011 at 3:13 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Heres the applicable statute: Civil Code section 3342(a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner. Since the victim came onto your property uninvited hes probably a trespasser. That would be the defense. If you have homeowners insurance it should cover you and pay for any medical expenses for the victim, regardless of fault under the med-pay provisions, assuming your policy has one.
Answered on Dec 01st, 2011 at 1:08 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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The neighbor can sue you but the lawsuit would probably be dismissed and if not, he won't win. Turn any legal papers over to your home insurance company without delay if you are sued. The cost of defending yourself could be more than the claim he is making.
Answered on Dec 01st, 2011 at 12:55 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Strange circumstance. Why would a neighbor come to your house in the middle of the night to feed your dog? Never heard such a thing. Jury never has either. If your dog has a vicious propensity you might be sued. Absent that you are probably OK.
Answered on Dec 01st, 2011 at 9:26 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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In Florida, we have strict liability for a dog bite. However, this case you as the dog owner have taken every reasonable step to protect the person bitten from the dog. If you don't have a sign posted that says "bad dog" then put one up right away....that is a defense to a dog bite. In Florida, however, the only duty you owe to a trespasser on your property is not to intentionally hurt him. I think you have a valid defense to this case.
Answered on Dec 01st, 2011 at 9:20 AM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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Anyone can sue anybody for anything but the plaintiff has to prove a winnable case in court in order to recover. That said, you have a lot of defenses. The victim came on your property, inside a fence plus the dog had not bitten anyone before so you would not be on notice of any vicious propensities of the dog. If you get sued for this turn over the suit papers to your homeowners' insurance company. The insurer has to provide you a defense and pay for the attorney plus pay any judgment up to the policy limit and they are experts at this. Let them handle itif it even comes to that.
Answered on Dec 01st, 2011 at 9:04 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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Michigan does not have a one free bite rule. A dog owner is strictly liable for a dog bite if the person is lawfully on the premises. Turn it over to your insurance carrier.
Answered on Nov 30th, 2011 at 11:08 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If the dig has never bitten before then you should be in the clear.
Answered on Nov 30th, 2011 at 11:03 PM
Personal Injury Attorney serving Spanish Fork, UT
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Utah Legal Team
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Yes you can be sued for a dog bite. Utah maintains a strict liability standard for dog bite cases.
Answered on Nov 30th, 2011 at 11:03 PM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
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Mishkind Law Firm, Co., L.P.A.
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If the neighbor was trespassing on your property through a gate in the middle of the night you have a defense under common law to the incident. If the dog was chained the neighbor may be barred from bringing a claim. You should notify your homeowners insurance. If you did not have liability insurance you should consult with an attorney of the injuries caused by the bite were serious.
Answered on Nov 30th, 2011 at 10:52 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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You can be sued, but the trespass would be a defense. Assuming you have homeowners insurance, your assigned attorney will work this angle. If you don't have insurance and get sued, you will certainly need an attorney to defend your interests.
Answered on Nov 30th, 2011 at 10:40 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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You can be sued, but given your facts strongly suggest you will win.
Answered on Nov 30th, 2011 at 10:40 PM
Bankruptcy Chapter 11 Attorney serving Dacula, GA
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Chronister Law Firm, LLC
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In order to be held liable for the dog bite, the party who was bitten would have to show that you were in some way negligent. It does not sound as though you were negligent in any way and it is unlikely that you will have any liability arising out of this dog bit incident. It sounds as though your neighbor's actions led to this bite. Your neighbor can file a lawsuit against you even if it has no merit. You should, therefore, place your homeowner's or renter's insurance company on notice of the incident so that a defense and coverage will be provided in the event that your neighbor does decide to proceed with a lawsuit.
Answered on Nov 30th, 2011 at 10:39 PM