Do I have grounds to sue for a dog bite if I was bitten when attempting to hold him back?

Question

I rent from my mother in law and her dog bit me today. It is a serious bite; over seven different holes in my arm, and one tooth went all the way through my thumb. The dog growled at my fiance and I grabbed a hold of the dog's collar and the dog tore my a** up.

Melvin Franke · Answer

Yes.

Jeffrey Lapin · Answer

Assuming you were not trespassing, did not provoke the dog into biting and were not "playing" with the dog in such a way that it was likely to bite you, then you then you do have a case against your mother-in-law for your injuries and damages.  I would suggest you talk to a personal injury attorney about your case. Most attorneys offer a free initial consultation so it will not cost you anything to learn more about your rights and what your case might be worth..

Dennis P. Mikko · Answer

Based on the information given, it sounds like you would have a claim against your mother-in-law.  A dog owner has strict liability for the actions of his/her dog and the only defense would be provocation.  The question is, do you want to sue your mother-in-law?  Sending her a demand letter for her to turn over to her insurance may result in a settlement without the necessity of a lawsuit.

Lisa Hurtado McDonnell · Answer

Sure you can sue her but she might evict you if you do.  I think I would tell her that you had to go see the doctor because her dog bite you and tell her how much your medical bills come to. An then ask her if she would rather pay the bill or if she prefers you file an insurance claim with her homeowners policy and then ask for her agent telephone number.

Stephen Lombardi · Answer

Sometimes it's not legal advice that   carries the day; it's the law of common sense.  Yes you can sue her. And yes if you sue her you can live in your car  for  the next two years waiting for the insurance company to decide how much, if   anything, they are willing to pay. By then your mother-in-law will have long   forgotten you and her daughter will have sued you for divorce and will be  back  living with your ex-mother-in-law while you pay child support to the  now-ex-wife  who by the way will be awarded 1/2 of the personal injury  settlement from your  sore thumb that you had in a place it shouldn't have been.  Come on, you grabbed the dog and now you want to sue the owner because the   dog acted like a dog? Give me a break.

Irving Blank · Answer

You probably have a suit depending on where you were when you were bitten, as well as some other circumstances.  You should talk to an experienced personal injury attorney.

Paul Whitfield · Answer

2 problems. You have to prove the dog is vicious. That is he has a reputation for biting other people. can you do that? and secondly, you grabbed his collar. That probably would be considered to have contributed to the injury and that may keep you from recovery. And you want to sue your mother in law?

Richard S. Goodman · Answer

There is dog bite statute in MI setting liability against the dog's owner. In some circumstances, provocation can be a defense.? Hopefully, you have gone to the doctor or ER.? You will want to find out if there is insurance coverage for the medical bills and for any recovery for you.? You need a lawyer. Do not agree to any thing until the claim is discussed with counsel.

Ronald A. Steinberg · Answer

If you are lawfully on the property, and are injured in an "unprovoked attack," you have the right to sue.  What is that going to do to your relationship with your "mother in law?"  I am curious-if you are married to someone, their parents become your in laws.  If you are engaged, they can't be your inlaws.  So the woman is your fiancee's mother.  If you sue her, how are you going to be able to marry her daughter, have kids with her daughter, and have any kind of family relationship with her?  You have some serious thinking to do.  That does not detract from the fact that the dog is going to be a long term pain in the butt.

Britany Engelman · Answer

Yes, you should file a claim against your mother-in-law's homeowner's insurance. I would suggest that you contact an attorney to discuss this potential case.

Ernest Krause · Answer

You can sue. You really want homeowners' insurance to respond. In any event, you and your fiance must write a detailed statement of exactly what happened. You need medical reports of treatment and bills. You can multiply that by three for "pain and suffering" and settle on that basis. If you unnecessarily, provoked the dog you have a weaker case.

Andrew Velonis · Answer

A dog owner 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 temperment.

Ronald Lowry · Answer

You can make a claim against the homeowner's insurance on the subject property for "medical payments coverage" if your mother-in-law has that as part of her insurance on the home. That will pay your medical bills.?You can also make a liability claim but be aware that in if you do you must contend that the dog was dangerous and that your mother-in-law knew of the danger and negligently allowed the dog to bite you. Also, given that the dog has already bitten you, you need to consider whether this should be reported to the authorities and the dog euthanized. At minimum the dog needs to be observed by experts to be certain that it does not have rabies, to protect your health.

Steven A. Schwartz · Answer

Dog bites in Massachusetts fall under strict liability, meaning you don't have to prove the owner did anything wrong.  If a dog causes injury, the owner or keeper is automatically liable.  The only defense is if the injured party torments or teases the dog.  If you would like to discuss the matter further to find out what your rights are and what you may be entitled to, please feel free to contact our office for a free consultation.  We are dog bite specialists and have been serving Massachusetts for nearly 50 years.

Russell Gray · Answer

You have a claim for a dog bite. In Utah, the owner or keeper of a dog  is liable for all injuries caused by the dog.

John Turck · Answer

Yes, absolutely. You should first do whatever you can to get the best medical treatment you can, as quickly as you can, because earlier treatment can lead to better outcomes, and then, after you've done everything you can on the medical front, contact an attorney who handles personal injury and dog bite claims.

Ronald J. Resmini · Answer

Yes, depending upon some further details...? In RI, under the dog bite statute, the dog's owner or keeper is liable for the acts of his dog that caused the injuries to the person, regardless of prior knowledge of the dog's dangerous propensities, so long as the plaintiff suffered the injury while traveling along the highway or beyond the dog owner's own enclosure.??

Thomas Edward Gates · Answer

Yes, but it will likely be handled by her home owner's policy.

Bernard Huff · Answer

You should consult with a lawyer who handles dogbite cases for specific legal  advice and direction. If your mother-in-law was negligent in handling her dog  and her negligence was the proximate cauise of your injuries, she may be liable,  if sued..

Matthew Kober · Answer

Yes.   Liability for a dog bite is automatic, any dog owner is automatically liable for any injuries.   You would simply need to prove your injuries and damages.   A good personal injury attorney like myself would be able to help you obtain a recovery.

Raphael Hedwat · Answer

Yes.  California law protects victims of dog bites in various ways. Compensation may be afforded to you for the personal injuries suffered resulting from the bite.  Such compensation can include an allowance for future medical care and for pain and suffering.  You should have legal counsel take a look at the property owner?s liability insurance policy.

Eric Rothstein · Answer

Under NY law, you have to show the dog had vicious propensities.  Had the dog ever bitten anyone before?  Does your Mother-In-Law have home owner?s insurance? If NO, are you really going to go after her assets?  I handle these cases if you are downstate.

Brett Rosenthal · Answer

In California dog bites are strict liability and as result given the severity of your injuries would pursue your claim. However, given the nature of the claim, the general damages (pain and suffering) will be the issue in your case and therefore you need to be represented to ensure the carrier for your mother in law offers you reasonable money for your injuries. Have handled many dog bite cases in the past, both for the insurance companies and for the victims.

Nicholas Pothitakis · Answer

In Iowa you would be able to recover from the owner of the dog for a dog bite. Homeowners insurance would typically provide coverage for the damages sustained including pain and suffering, medical expenses, lost wages, and permanent injury.

John Brennan · Answer

You may have a claim.  Call.

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