QUESTION
What can happen after a pit bull bites my two kids in my back yard that aren't mine?
Asked on Mar 04th, 2013 on Personal Injury - New Jersey
More details to this question:
My three children which are the ages 2 years old, 5 years old and 7 years old had a friend over. She is 10 years old. I put my pit bull which is almost 2 years old male dog in our laundry room. Our laundry room is located and attached to our back yard patio. I know when my kids jump on the trampoline they antagonize him while jumping and he goes under the trampoline and begins biting underneath so I that is why I put him up, especially since my kids had a friend over. I didn't want any trouble. I had been checking on them occasionally as I was cleaning and preparing dinner before my husband arrived home from work. They had been playing for about 45 minutes outside in our fenced in back yard. Next thing I know my two year comes in the house trying to tell me something and I hear a lot of screaming and crying coming from my back yard. I run out to see one child that wasn't mine has quite a bit of blood on her pant leg and my pit bull is underneath biting, and I also noticed there was a child from next door that DID NOT have my permission to be in my back yard. He is years old. He got bit as well. Both parents of the kids took there children to urgent care that night, Tuesday the 26th is when this accident happened. Friday I receive a yellow slip on my door from animal control. We called them the next day which would have been Saturday and they told us there is a six hour window so we waited until 9pm that evening and heard nor saw anything. They left another yellow slip on our door yesterday which was Sunday. We were not home once again. We were in church. The yellow slip says we have 15 days to do this investigation. We are trying to get this taken care of; we just keep missing them and then it is hard getting to come back. Also our dog is not licensed. And we got him off of craigslist and we didn't get his shots. The people we got him from said they did and with us having three children we don't have the time. Poor excuse I know.
12 ANSWERS
Accidents Attorney serving Boston, MA
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Kelly & Associates Injury Lawyers
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You might want to talk to an attorney about defending this matter. It is possible the parties affected by the animal's bite may sue you in a civil capacity. There is a chance you could defend on the principle that the animal was antagonized or teased.
Answered on Mar 07th, 2013 at 8:19 PM
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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You are responsible when your pit bull bites someone and causes injury. Animal control can quarantine the animal to make sure there are no rabies, and you will probably be fined for not immunizing or having your pit bull licensed pursuant to law. Additionally, if the dog is known for biting people, you can be penalized for that, and the child's family may try to sue you. If the dog is declared as a dangerous animal, that is one that is known to bite people, it might be destroyed.
Answered on Mar 07th, 2013 at 7:45 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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If you are on notice that the dog tries to bite through the trampoline and you confine him in a way that lets him get out and bite tramploliners, you have liability exposure. If you receive a claim for the neighbor kids' injuries, notify your homeowner insurance carrier immediately. I know you're an adult, but I have to tell you that keeping a pit bull can be risky business under the best of circumstances.
Answered on Mar 07th, 2013 at 12:16 AM
Ronald A. Steinberg
Pit bulls bite. That is what they do. You need to report this to your home owners insurance company. You also need to get rid of the dog. In most states, the law says that if a person gets bitten by a dog in an unprovoked attack, the owner is responsible. Kids playing is NOT provocation. So your responsibility was to lock the dog in a pen where it could not get out. You did not do that, and kids got bitten. I think that the trampoline could be considered an "attractive nuisance," which means that you could be responsible for the other child also.
Answered on Mar 06th, 2013 at 11:59 PM
Civil Litigation Attorney serving Fort Lauderdale, FL
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Angelo "Tony" Marino, Jr., P.A.
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If it was your dog and it bit the kids, you are responsible. Contact your homeowner's insurance to see if they cover the claim.
Answered on Mar 06th, 2013 at 11:28 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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This is a serious matter and needs to be dealt with right away. Get that dog to animal control and get it tested. Get it licenced. Report this incident to your insurance company. Co-operate fully in all investigations. Possibly, the authorities will let you keep your dog and the insurance company will pay the claims of the injured children.
Answered on Mar 06th, 2013 at 11:23 PM
Since the dog belonged to you, it is entirely possible that the parents of the child who was bit would turn around and sue you for the damage done to their children as a result of the dog bite. If you do get sued, notify your homeowners' insurance about the lawsuit.
Answered on Mar 06th, 2013 at 11:21 PM
Christian Joseph Menard
An owner of a dog is, basically, strictly liable for injuries caused by their dog. The only real good defense is provocation of the dog by the victim. You do not say how the dog got out of the laundry room. Pit bulls have a very bad reputation, notwithstanding how good yours is. I would be prepared to be sued by the parents of your dog's victims. If you have homeowners insurance the incident may be covered under your policy. Otherwise hire a good attorney for your financial damage control.
Answered on Mar 06th, 2013 at 11:19 PM
Criminal Defense Attorney serving Ann Arbor, MI
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Law Office of Laurence H. Margolis PC
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Tough one. I would contact your homeowners insurance carrier, get the dogs licensed if possible and have a remedial plan in place if you intend on fighting for the dogs. You could also ask for visitation or return pending this thing. Either way you are going to have to convince county or city that the dogs will not attack visitors or child trespassers if returned to your care.
Answered on Mar 06th, 2013 at 11:05 PM
James Eugene Hasser
You would be liable if you knew the dog had vicious propensities and did not take appropriate precautions to prevent the attack. Proof of such knowledge would be if you knew the dog had bitten someone before.
Answered on Mar 06th, 2013 at 10:34 PM
If you have homeowner's insurance, you should contact your agent and tell them about a potential claim. You could be liable for the dog's actions, particularly if he has a history of biting.
Answered on Mar 06th, 2013 at 8:58 PM
Criminal Defense Attorney serving Englewood Cliffs, NJ
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Savyon Grant, Esq. & Associates
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Call your homeowner insurance report accident and see if you have coverage.
Answered on Mar 06th, 2013 at 8:50 PM