QUESTION

What can I do if I am being sued over a dog bite?

Asked on Nov 02nd, 2011 on Personal Injury - New Jersey
More details to this question:
The incident occurred in a store two months ago. My wife had our 20 pound terrier on a leash when the plaintiff walked up behind them, startling our dog who nipped him on the leg. The man became angry and I apologized, but evidently not to his satisfaction because after leaving the store he came back saying he wanted the store manager to call the cops. I then spoke to the man, apologized again for what happened and gave him my name and number saying I would pay for any medical problems he had as a result of the bite. I looked at his leg and saw nothing. The man said he accepted my apology and said he wasn't the sort to make a big deal out of things. I should have stayed to talk to the police myself but thinking the matter otherwise settled I went home. Later that afternoon an animal control officer came to my door to tell me that she responded to the incident. She said that she will submit an incident report, but since the bite didn't break the skin she would not submit a bite report and that the dog would not have to be quarantined. Now last week I received a letter from the man's attorney saying I am being sued for damages and suffering and asking if I have homeowner’s or renter’s insurance (I don’t). I called the attorney and he said that his client is claiming he received puncture wounds from the bite and that he's waiting to get back medical records before determining what he will offer in terms of a settlement. I didn't tell him that I had earlier spoken to the animal control officer and she confirmed that a bite report was not submitted because there was no puncture wound or skin break. Reviewing her notes, she said she saw in her words “a very minor red spot” on the man’s leg and no hematoma. I asked if the man requested medical attention and she said he hadn’t. She also informed me that her office hadn’t received a bite report from any medical facility which is required by law when someone seeks medical attention for a dog bite.
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17 ANSWERS

General Practice Attorney serving Indianapolis, IN at Broad Law Firm, LLC
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As a personal injury attorney, I can tell you that based upon the facts you have presented the other man's case is not one I would accept. That being said, there obviously is an attorney who has accepted the man's case and is at least threatening a lawsuit. Unfortunately, you do not have homeowners or renters insurance although I am uncertain if either would cover a dog bite at a different location than you home anyway. You will need to find a good defense attorney in your area who can give you an idea how to defend this claim. Economically you might have to end up paying the man some money to make the matter go away.
Answered on Feb 17th, 2012 at 12:27 PM

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Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
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First, here's the statute on your possible liability: Civil Code section 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. Technically you are liable, but what damages has this guy suffered? I think once you see what his medical report and bills are, then you address the matter factually with the information you have below that his skin was not punctured. Sounds to me at worst you pay for his lone visit to the doctor.
Answered on Nov 03rd, 2011 at 10:13 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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You 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. What were you doing with a dog in a store? I assume you have informed the attorney that you have no insurance for this. The animal control officer has no business giving you information about someone's medical condition. The Plaintiff's attorney is not offering you anything, it is just the opposite. Whatever he demands, offer him one-tenth of that amount (complain bitterly first and explain that you are in no position to pay anything). If you end up getting sued, hire your own lawyer.
Answered on Nov 03rd, 2011 at 5:57 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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You have a mess on your hands. If your dog is vicious or has a vicious propensity you may have a problem. The question is not whether the skin was broken but whether the man was attacked and whether he was in fact injured. Sounds like a put up job to me but you have a world of people looking to put up a job on someone else. If you don’t get sued, forget it. if you get sued get the best defense lawyer you can afford. He should be able to show it is a worthless claim.
Answered on Nov 03rd, 2011 at 3:42 PM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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It sounds like if you don't settle, they will sue and your will an attorney to defend you. Sounds like a good defensible case.
Answered on Nov 03rd, 2011 at 3:37 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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Get as many written reports as you can from animal control and the police. Try to contact the officers and explain that an attorney is threatening to sue you and ask if they will give you their contact information in case you need them in court. Call attorneys in the yellow pages who do personal injury work, and ask for the names of attorneys who defend personal injury cases. These attorneys are usually hired by insurance companies and do not always advertise. If you cannot find an insurance defense attorney, then a plaintiff's personal injury attorney will do. Find an attorney who is willing to take your case in the event you are sued. If you cannot find an attorney, don't be too concerned yet. Until you are sued, you do not have to do anything. The attorney may lose interest now that he knows there is no insurance. If you get the reports, you may want to try to meet with the attorney and share the reports in order to convince him the case is not worth his time.
Answered on Nov 03rd, 2011 at 2:24 PM

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Personal Injury Attorney serving North Wales, PA
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You should notify your homeowner's or renter's insurance carrier immediately or they can refuse to cover you. If they cover you they should not only pay any settlement up to your policy limits, but also provide you with a lawyer free of charge.
Answered on Nov 03rd, 2011 at 1:53 PM

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Personal Injury Attorney serving Boston, MA
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Since you have no insurance to cover this matter, you are going to have to handle it on your own.
Answered on Nov 03rd, 2011 at 1:16 PM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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It sounds like you've done your homework. But, now you know the value of insurance.
Answered on Nov 03rd, 2011 at 12:47 PM

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General Practice Attorney serving Woburn, MA at AyerHoffman, LLP
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Massachusetts imposes strict liability for dog bites, which means you are on the hook regardless of why your dog bit. Where you can stop him is in the damages. It sounds as though you have a fairly solid defense against claims of damages. You should retain a defense attorney to handle this for you, especially where you are uninsured. You may still have to pay something, but it will probably be far less than if there were a real injury.
Answered on Nov 03rd, 2011 at 12:24 PM

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Personal Injury Attorney serving Spanish Fork, UT at Utah Legal Team
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In Utah, we have strict liability for dog bites so you could be held accountable. However, you will only be responsible for actual damage and it sound to me like the Plaintiff will have a hard time proving he was actually injured.
Answered on Nov 03rd, 2011 at 12:24 PM

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Family Law Attorney serving Baton Rouge, LA
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Anyone can sue, not everyone may win. In order to obtain money from a dog bite claim, one must prove not only that they were bitten but that they were "damaged" by the bite. From the description of the "injuries," it doesn't seem you have much to worry about. If you do not have insurance, however, you may have to hire your own attorney, which may give you pause because of the expense. Don't be so worried about hiring an attorney that you get someone else to work for you.
Answered on Nov 03rd, 2011 at 2:44 AM

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For starters, get insurance. You really need it, especially if you are inviting the public into your place of business. It's simply crazy not to have a CGL policy. Now, since you do not have insurance, there is no one to turn the claim over to. So you will be negotiating with the attorney directly. Lucky for you, it doesn't sound like the guy is hurt too badly so the claim is worth very little if anything. Wait to see what sort of demand they make. If warranted, get an attorney. If not, maybe you kick them a few bucks to make them go away. Either way, keep that dog away from people so this doesn't happen in the future but, that doesn't mean you have to take him out of the store. I love dogs and like seeing them in businesses, just be careful.
Answered on Nov 03rd, 2011 at 1:13 AM

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Personal Injury Attorney serving Richmond, VA at Blank & Marcus, LLC
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If you do not have any insurance, you need to get an attorney to defend any suit that is brought against you. It sounds like there is not much of a case against you.
Answered on Nov 03rd, 2011 at 1:12 AM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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Just turn it over to your homeowner's insurance company and let them worry about it.
Answered on Nov 03rd, 2011 at 1:11 AM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Now you know why it is nice to have at least renter's insurance. If they serve you with a lawsuit, be your own lawyer. Send a denial to the court and answer all mail you receive. If the attorney pushed it to a trial, show up and tell the judge your side.
Answered on Nov 03rd, 2011 at 12:39 AM

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Gary Moore
Call your homeowner's insurance carrier. You should have coverage for the dog, even away from the house.
Answered on Nov 03rd, 2011 at 12:38 AM

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