QUESTION
If my openly unfriendly dog bit our toilet repair man but I couldn't see any marks, can he sue?
Asked on Mar 26th, 2014 on Personal Injury - North Carolina
More details to this question:
Okay. I am a 15 year old male who was at home with my 16 year old brother (he was playing video games the majority of the time, but did see some of what happened.) So the toilet repair man walks into our house (he knocks first), and my dog opens up with a barrage of barks and trying to jump on him. The man points a finger at my dog (who hates taunting), and wags it whilst proclaiming I should take the dog away. I had my dog on a leash, and I held the dog back. While the man was repairing the toilet, I went on a short 25 minute walk with my dog. When I got back, the man was done, and walked back inside. My dog had recently been given lunch by me. I fed him after I walked in, but before the repair man did. The dog instantly jumps away from the lunch and jumps towards the man, but I can restrain the dog before the dog reaches him. So, the man clearly saw two times that the dog was not very nice towards him. I signed his sheet of paper, and I assumed he was leaving the house, as the job was done. He walks past me, so I assume he is walking out the front door to get back to his van. As he was walking down the hall, I clearly shout to him, "Have a nice day!" Thinking that he was leaving. I un-leash my dog, and I turn away to go to the kitchen to get a cup of water. But I turn around, hearing a sharp cry of pain! The man storms past me, holding his supposedly bitten hand/arm (I never saw any marks). I attempt to apologize profusely, but the man storms out. I am freaking out. Does the man have grounds for a lawsuit? I checked the law, and a suit could be null and void if he knowingly took a risk walking into our house, and taunted the dog. I claim that he did (to my mother). He saw the dog being restrained twice, taunted the dog and surprised him by walking back into the room. Please I want to be a lawyer when I grow up. Please prove to me that Law isn't just a big game of "he said, she said" rhetoric. Help me!
5 ANSWERS
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Yes, if your dog injures someone, you are responsible. Report this to your homeowner's insurance right away.
Answered on Mar 28th, 2014 at 9:05 AM
Edwin K. Niles
An owner is responsible for his dog's bites. Have Mom check the homeowners insurance policy to see if you have liability coverage.
Answered on Mar 28th, 2014 at 9:05 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If you want to be a lawyer start by noting the law. you apparently have a vicious dog. The workman had a right to be where he was. You are liable for your dog. If the man has a real injury, offer to pay his medical bills. you are trying to overdramatize and the man may be looking for a quick buck. You are both wrong in that case.
Answered on Mar 27th, 2014 at 11:43 AM
James Eugene Hasser
Alabama has a "two bite" rule. Once your dog has bitten someone, you are on notice that your dog has a "vicious propensity". Once you know that, you have a duty to guard and warn others against your dog. If you knew the dog had it in him to bite the plumber, you should have removed the dog from the house while the man was there. That being said, if the man was not really hurt, it is probably unlikely that he will pursue a claim. If he does, have your mom turn it over to her homeowners insurance company. One last thing; you are now on notice that your dog bites. Take precaution to prevent it from happening again.
Answered on Mar 27th, 2014 at 11:43 AM
Car Accidents Attorney serving Newport Beach, CA
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Russell & Lazarus
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Damages caused by dog bites are the responsibility of the dog owner regardless of prior propensities of the dog. 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.
Answered on Mar 27th, 2014 at 11:43 AM