QUESTION
Can my husband be sued as well if the house is in my husband's name?
Asked on Apr 12th, 2013 on Personal Injury - New York
More details to this question:
My mom lives with me and her dog ran out of the house and bit a child. I know my mom can be sued.
10 ANSWERS
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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In Ohio, the dog criminal statute says owner or harbor-er; This is what would be used to determine liability in civil court
Answered on Apr 16th, 2013 at 3:31 PM
James Eugene Hasser
Your mom would be liable in Alabama only if she knew of the vicious propensity of the dogs, which means that she had to know that they've bitten someone before. It's called the "one bite" rule. Whether you and your husband could be sued depends on whether you have control over the dogs. In any event, your homeowners should cover the incident. Turn the claim over to them and let them worry about it. If this is a second bite for the dogs, consider getting rid of them. I know it's tough to do, but it may be necessary.
Answered on Apr 15th, 2013 at 9:00 PM
Thomas Edward Gates
The home insurance company will defend the suit.
Answered on Apr 15th, 2013 at 8:31 PM
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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Actually, the homeowner is the one who will probably be sued, since that is the person who has the insurance. That means your husband will most likely be sued by the person who was bitten. It is the homeowner's responsibility to make sure that no vicious dogs are kept on the property that will bite people, especially children.
Answered on Apr 15th, 2013 at 8:31 PM
The Utah Dog Bite Statute (you can find it here) states that "every" person "owning or keeping" a dog is liable for the injuries done. It's worth hiring an attorney to do research on this topic, but the plain reading of that statute suggests that your husband is liable because he 'kept' the dog, even if he did not own it.
Answered on Apr 15th, 2013 at 8:00 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The house did not bite anybody. The dog did.
Answered on Apr 15th, 2013 at 1:54 AM
Ronald A. Steinberg
Under Michigan law,you and your husband could possibly get involved also. If the biting occurred on the public street or the public sidewalk, then only your mom would be liable. If the child was LAWFULLY on your property,then you would also be liable. Make your mom keep the dog on a leash, or get rid of it.
Answered on Apr 14th, 2013 at 10:00 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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You should look @ your local Ordinances and the Michigan Dog Bite statutes re: who can be responsible for a dog that lives in a certain residence. I don't handle dog bite cases, and haven't looked @ the ordinance/statute in years, but I believe it generally is the "keeper" of the dog that can bear legal liability. In this case I'd guess the "keeper" is the registered owner, as well as whomever owns the residence. Further, any claim will want to try to get at insurance money, so it is likely the claim would be made against whomever has Homeowner's coverage, which usually is the owner of the home and should likely also cover guests. There are some insurance policies that exclude coverage for dog bites and/or specific types of dogs. You would want your husband to read his HO policy.
Answered on Apr 14th, 2013 at 9:55 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes, even though it is not his dog, it is his house and since the dog is kept there, he is responsible for the injury it has caused. He has notified his homeowners insurance company, right? Right?
Answered on Apr 14th, 2013 at 9:40 PM
In Iowa a personal residence is exempt from execution so the equity in your home is safe at least from this liability incident.
Answered on Apr 14th, 2013 at 9:40 PM