What can I do if the owner of the dog that bit me refuses to cover my medical expenses?

Question

Over the weekend, my roommate's dog attacked my dog in our backyard. My roommate and I tried to break up the fight and my roommate's dog bit my thumb not letting go until the entire nail and almost the entire nail bed was ripped off. The other dog also bit my dog without letting go around the neck/ ear area. Both of us needed to seek medical attention for stitches. Now the owner/ roommate won't pay for our medical expenses. What are my options?

David Stoddard · Answer

You can sue. You may never collect, but you can try.

Paul Whitfield · Answer

You involved yourself in a dog fight. Is that not negligence on your part? Secondly you would have to prove that the aggressor dog had a reputation as aggressive. Attacked before? Bitten folks before?

James Eugene Hasser · Answer

There is a two bite rule in Alabama that says the owner is not liable unless the dog has bitten someone before. If you think the owner had prior knowledge of the vicious propensity of his dog, there may be liability, but if he won't pay all you can do is sue.

Wayne Wimer · Answer

The offending dog apparently lived on the premises.  Dogs will in fact get into fights.  You and your roommate both tried to break up the fight which in turn resulted in the dog biting you.  You could file suit against your roommate, but in my opinion, the likelihood of you succeeding in such a case is slim because the dog had a right to be where it was, and it is risky at best to intervene in a fight between two dogs, and the roommate could argue that you assumed the risk of getting bit, and further could argue that your comparative negligence caused you to get bit in the first place.

William Andrews · Answer

If your roommate, the owner of the dog that bit you, has home or apartment insurance (or the owner of the home or apartment does) then the claim for medical expenses, bodily injury, lost wages, etc., is made to that insurance company.

John Merting · Answer

Florida law is that a dog owner is responsible for the damages ,injuries caused by his dog. However, the defense will be your comparative negligence in getting in the middle of a dog fight in your attempt to break it up. I suspect if you sue your roommate you will be looking for a new roommate. I don't suppose you had rental or homeowners liability insurance. If you did, notify the agent immediately.

Michael Witt · Answer

Consult a personal injury lawyer. You may be entitled to your vet bills, your medical bills, any other out-of-pocket expenses, lost wages, and compensation for your pain and suffering. If the other dog has ever attacked another person, pet, or livestock previously, you may be entitled to double damages. However, your situation is complicated by the fact that this is your roommate, which could affect your ability to recover. You really need the help of an attorney to figure this out.

Andrew Velonis · Answer

Well, you can sue him, but that won't make for very good roomate relations but perhaps that's out the window anyway.  If he has renters insurance, they will pick up the tab, otherwise, does he have any money?

Mark Leonardo · Answer

The dog owner is liable by California statute.  If he refuses, you can hire a lawyer and sue, or sue him in small claims court.

John Brennan · Answer

Get an attorney and bring a suit for the damages (if he is collectible or had insurance coverage).

Edwin K. Niles · Answer

I don't suppose that the roomie has homeowners insurance or any other kind of liability insurance. If not, you can file suit, but does he have any assets?

Mark T. Peters · Answer

Sue him in small claims court. Of course if your dog was the instigator you will lose.

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What can I do if the owner of the dog that bit me refuses to cover my medical expenses?

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