QUESTION
What legal actions can I take if a dog bit my son?
Asked on May 23rd, 2011 on Personal Injury - Oregon
More details to this question:
A dog recently bit my son. I know who the people are and this isn’t the first time their dog has bit someone. It’s a mean Rottweiler. I have pictures of my three-year-old sons stomach where he bit him and I have hospital reports and a police report. Thanks.
19 ANSWERS
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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You may have a case, based upon the information that you have supplied.
Answered on Jul 12th, 2013 at 12:28 AM
Business Litigation Attorney serving Columbus, OH
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E. Ray Critchett, LLC
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Generally, in Ohio, a dog owner may be held strictly liable for injuries and damages caused by their dog and they may be subject to punitive damages if their dog has a known propensity to bite and/or attack people and/or young children; however, there are some limited defenses to these types of claims. If you would like to discuss your son's case further, please feel free to give me a call or you can set up an appointment. There is no fee for the initial consultation. I hope your son is recovering well.
Answered on Nov 06th, 2012 at 11:20 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You have a viable claim if the dog has a history as you say. Question is how bad the injury is, what the bills are and what the drs say about scarring etc.
Answered on May 27th, 2011 at 8:40 AM
Wrongful Death Attorney serving Salem, OR
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Swanson Lathen Prestwich, PC
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You can bring a claim against the at-fault parties. However, you probably should determine early whether the person had homeowners insurance or not because that will affect the likelihood of receiving compensation.
Answered on May 26th, 2011 at 12:19 PM
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You can sue for the injuries to your son. What you need to prove depends on the state. Here in Washington you do not need to prove that the dog is dangerous. The owner is responsible unless your son provoked the dog.
Answered on May 25th, 2011 at 10:56 AM
Automobile Accidents Attorney serving Newport Beach, CA
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Tomalas Law Firm
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It sounds as though you (on behalf or your son) have a good case against the owner of the dog. In California dog owners are held Strictly Liable for the injuries caused by their dogs. Meaning that the owner of the dog is responsible for your injuries no matter what caused the dog to bite, or whether the dog has bitten others in the past. Generally, a dog owner's homeowner's insurance policy (assuming they have one) extends to cover these types of situations. Dog bite cases can be quite complex, especially in light of the emotional/psychological aspect of dog bites and the potential for long term/permanent scaring. (Both of these factors are much more significant in circumstances involving children.) Please keep in mind that the "value" of your son's case is not limited to the medical bills which have been incurred, but rather will take into account the numerous ways this incident may impact his life. We have handled hundreds of dog bite cases and are extremely experienced in this area of the law. Please visit the dog bite resource center on our web site for detailed information on your rights and how we can help you/your son; or feel free to call our office for a free consultation.
Answered on May 25th, 2011 at 10:38 AM
Dog bite cases are a frequent issue facing the personal injury attorney. On my website, I have an article addressing the issues facing the victim. In this case, it certainly seems that there is a case. The dog has a history of attacks and it is a breed that is recognized to be dangerous. You have done the right thing by keeping all the bills. The next step is to talk to an experienced injury attorney. Together, you can figure out what is the next step and what kind of value the case has. If you just want to talk on the phone and consider your options, call my office.
Answered on May 25th, 2011 at 9:47 AM
Personal Injury including Litigation Attorney serving Wilmington, DE
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Ramunno & Ramunno, P.A.
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You can sue but you need to prove the owners did something wrong.
Answered on May 25th, 2011 at 9:38 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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You can certainly sue the owner on behalf of your son. I would be glad to help as I have handled dozens of these in my career. The law is very clear in his favor. Call me to get started.
Answered on May 24th, 2011 at 2:34 PM
In Utah, the owner or keeper of a dog is strictly liable for injuries caused by the dog. Your legal options include making an insurance claim or filing suit. You should think seriously about finding an attorney for this issue, as the insurance coverage and injury issues can be very complicated. I'd be happy to help you.
Answered on May 24th, 2011 at 2:34 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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You can sue. Are there injuries or scars? Does the defendant have insurance? Feel free to contact me.
Answered on May 24th, 2011 at 2:25 PM
Civil Practice Attorney serving Redmond, WA
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Magnuson Lowell P.S.
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You should immediately report the incident to the Animal Control office in your city/county. Then, you should speak with an attorney, such as myself, who is experienced in handling dog bite cases. Your son may have a claim against the owners - but I would need to know the circumstances as to how the bite occurred.
Answered on May 24th, 2011 at 2:25 PM
Bad Faith Attorney serving Orlando, FL
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Riley Allen Law
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Assuming the owner has homeowner's insurance coverage (owns the home), you have a good (viable) claim against the insurance carrier for the homeowner.
Answered on May 24th, 2011 at 2:25 PM
You can bring a claim against them under CT's dog bite" statute. Often these claims are covered under a homeowner's insurance policy. Call if we can help.
Answered on May 24th, 2011 at 2:22 PM
Hi: Sorry to hear about that. You may bring a claim against the owner of the dog. Be wary of overly kind insurance adjusters, assuming there is available homeowners insurance.
Answered on May 24th, 2011 at 2:21 PM
Workers Compensation Attorney serving West Palm Beach, FL
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Hire personal injury attorney and sue owners of dog.
Answered on May 24th, 2011 at 11:40 AM
Car Accidents Attorney serving Salem, OR
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Howard W. Collins
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Dog bite cases are not unlike any other negligence action. You must have proof that the owner knew their dog had a propensity to bite others. If the dog has in fact bit other children, then of course they are on notice. In general, in dog cases, the owner can get away with one bite because they will claim they had no knowledge of their dog's tendency to bite others, but once that first bite occurs, they have knowledge and can be held liable in some circumstances. This is NOT a strict liability matter, which means if the child is poking at the dog, being mean to the dog, persists while the dog is warning the child by snarling and snapping (short of biting) but the child persists, the owner may have a defense and certainly a jury would not consider that type of behavior as one that would be rewarded with a money award. Call if you have further questions.
Answered on May 24th, 2011 at 11:33 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You have a personal injury claim against the dog owner so long as your son was in a public place or lawfully in a private place at the time of the bite. Civil Code section 3342 provides: (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 May 24th, 2011 at 11:20 AM
If the owner of the dog negligently allowed the dog to bite your son, or negligently failed to prevent the dog bite, you may be able to recover your son's damages from the dog's owner.
Answered on May 24th, 2011 at 11:13 AM