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My 10 year old son was bitten by my ex boyfriends dog. We have since broken up and my son now has a nasty scar on his face. The dog had a history of biting, but he never told me and left the dog with my children. Do I have a claim against him? Is there a statute of limitations that I should be aware of?
16 ANSWERS
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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You can pursue a claim for injuries on behalf of your son due to a dog bite. The statue of Louisiana generally is one year from the date of the incident.
Answered on Apr 30th, 2015 at 3:03 PM
Edwin K. Niles
The S/L is two years. It doesn't start to run until majority, so your son has until age 20 to settle or file suit.
Answered on Apr 29th, 2015 at 1:34 PM
Business Litigation Attorney serving Columbus, OH
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E. Ray Critchett, LLC
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Your son may have a valid claim, especially if there was renter's insurance or home owners insurance. You should contact an attorney and obtain a free consultation to discuss all of your questions.
Answered on Apr 29th, 2015 at 1:22 PM
James Eugene Hasser
Yes, you have a claim for medical bills and for you son for injuries. You can make a claim on his homeowner's insurance policy. Generally speaking, you will have 2 years to file and your son will have 2 years from the date of his 19th birthday to file his lawsuit, but not more than 20 years from the time the injury occurred. You might want to consult an experienced injury lawyer. Good luck.
Answered on Apr 28th, 2015 at 9:51 AM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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I will not enable you to abuse your child through bungling the child's claim. Be responsible and hire a personal injury attorney with expertise in dog-bite cases. Shop around for expertise and fees should your case settle without a lawsuit.
Answered on Apr 27th, 2015 at 7:44 AM
Thomas Edward Gates
There is a three year statute of limitation. If he has home owners insurance, file a claim. If not, see a personal injury attorney.
Answered on Apr 27th, 2015 at 7:24 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Good questions. It sounds like you do have a cause of action against this person. Whether he can pay a judgment is a second question. (E.g. did he have insurance; does he have property;' does he have a well-paying job?). The statute of limitations in Wisconsin for this kind of injury is apparently 3 yearswhich is the limitations period for personal injury. I doubt there is a special limitations period for dog bites. If the owner had notice of the dog's having previously harmed any person or animal, the damages are doubled.
Answered on Apr 27th, 2015 at 7:06 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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The statute of limitations is 4 years from the dog's attack......and there is statutory liability against your boyfriend if he owned the dog....the question is whether or not your ex-boyfriend is collectible.
Answered on Apr 27th, 2015 at 6:48 AM
Ronald A. Steinberg
I am using Michigan law to answer your question. The owner of a dog is liable for the results of an "unprovoked" attack by that dog. The question is: what did the child do just prior to the attack. Some jackasses in our wonderful Court of Appeals ruled in a case that a 2 year old child who went to pet a dog chained in the front yard of a home provoked the dog. The second question is: How little do you think of your child to put your relationship with a guy to whom you are not married ahead of your responsibility to protect your child? The case should have been litigated already, and not for you to wait until you have broken up with him to do so.
Answered on Apr 24th, 2015 at 10:45 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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The issue is would ex-BF be able to pay damages? Was there a homeowner's insurance policy with his name on it as an insured? Renter's insurance? If not, then suing him would be possible but not practical. So the first question is could he pay damages? Your son's right to sue continues until his 18th birthday, maybe more depending on his circumstance. In any event, you should continue to take photos of the injury and preserve the medical expenses records for future possible use. Keep in mind that filing a lawsuit will bring him back into your life again. As the defendant, he has the right to delve into your life again. If your son claims emotional injuries, which would be expected, then all of his upbringing and home life can be possible relevant areas of inquiry. Very likely intrusive and it will feel like an invasion or your privacy. Check with other attorneys about their ideas.
Answered on Apr 24th, 2015 at 9:20 AM
1 Award
Yes, you do have a claim. You have one year from the date of the incident to file suit.
Answered on Apr 24th, 2015 at 8:31 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes, you can sue him and probably should. Statute of limitations should not be a problem because your son is a minor (but you need to check according to what state you live in). You can file a lawsuit on your own, but to do it right, you need a lawyer. Lastly, there is a question of resources: if the guy did not have insurance (such as renter's insurance or homeowners) then does he have a job or assets with which to satisfy a judgment?
Answered on Apr 24th, 2015 at 7:50 AM
Dogs no longer get a "free bite" in California. Unless your son provoked the dog, its owner is liable. But does he have any insurance coverage or assets? A minor normally has until he reaches the age of 18 plus two years thereafter to file suit; if a guardian ad litem [normally the mother] is appointed for him, it is two years after the appointment. Speak to some local personal injury attorneys [it is free] to see if they feel it is worthwhile to pursue; judgments are good for ten years and can be renewed.
Answered on Apr 24th, 2015 at 1:01 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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The statute of limitation would be your son's 20th birthday 2 years after he turns 18. But you can sue now. The dog owner is strictly liable whether or not the dog had a known propensity to bite. Hire a lawyer and he or she will take care of what you need to have done. The main question will be whether your ex has homeowner's or personal liability insurance that can pay for the damages. A lawyer probably will not be interested unless there is insurance or some viable means to collect from your ex ( e.g., a good steady job where his wages could be garnished; or has some assets like stocks, a high-priced car, etc.). If you cannot get an attorney to take the case, you could sue in Small Claims court up to $10,000. The judgment lasts for 10 years and you can renew it for another 10 years and you can collect what you can along the way. If you get an attorney, he or she can probably find you a doctor to take the case on a lien so your son can get the medical care he needs now. Take lots of pictures of your son's injuries.
Answered on Apr 23rd, 2015 at 10:10 PM
The statute of limitations is 3 years, but if your child being a minor, has until he is 21 to make a claim. In Massachusetts, there is strict liability which means that you do not have to show wrongdoing on the part of the owner. The owner is automatically liable for injuries. The issue here is whether your ex boyfriend has insurance to cover this matter. I would suggest you contact an experienced dog bite attorney for a free consultation.
Answered on Apr 23rd, 2015 at 8:36 PM
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Yes, your son has a claim. If your lawyer can prove that the dog has bitten before, your son will be able to recover double damages. That means that the medical bills and the compensation for his pain, suffering, and scarring will be doubled. You son has until his 21st birthday to have a case filed on his behalf. I think you should find a lawyer who handles personal injury cases to handle the case for your son.
Answered on Apr 23rd, 2015 at 8:36 PM