QUESTION
Who's responsible for a dog's attacks on people?
Asked on May 30th, 2013 on Personal Injury - New York
More details to this question:
I was in a neighbor's driveway with my Maltese on a leash. Their neighbor's bulldog escaped from her pen (according to other neighbors, because the owner doesn't feed or water them) and attacked my dog. I kicked at her to get her away from my dog and she then attacked me. My dog and I both have serious bite wounds and have had more than a thousand dollars in medical bills. I've talked to the owner twice and she assures me that she has no money to help out with expenses. She has no job and owns no assets that I'm aware of but does rent her home. Is her landlord responsible? How do I collect? Thanks.
12 ANSWERS
Civil Litigation Attorney serving Van Nuys, CA
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Law Offices of Alexander Edward Gilburg
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You have a complicated situation because the owner of the dog is a renter. You definitely need an attorney for this case. My colleague and I specialize in dog bite injuries. We have 57 years combined legal experience and have handled thousands of cases in California and other states.
Answered on Jun 04th, 2013 at 2:58 AM
Ronald A. Steinberg
The owner of a dog is liable for the results of am unprovoked attack.
Answered on Jun 04th, 2013 at 2:58 AM
James Eugene Hasser
In Alabama, for the neighbor to be liable you have to prove the owner knew of the dog's vicious propensities; namely, that it had bitten someone before. From what you have described, it doesn't sound like you have that proof. Good luck.
Answered on Jun 04th, 2013 at 2:57 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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The dog owner is legally responsible. But winning a case and collecting are two different things. I would sue her in small claims. With the judgment, it lasts for 10 years and can be renewed thereafter. If she works, her paycheck can be garnished up to 25% of her pay. So it may be a long arduous collection process, but you should not let her get away with this. If she has the money to pay for a dog, she can probably make payments of some sort to pay you off.
Answered on May 31st, 2013 at 12:31 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I doubt you can collect anything. the owner of a vicious dog is legally responsible for the damage it causes but you cant get blood out of a turnip. And lets suppose I am her landlord, why on this blooming earth would you think I am responsible? You have been listening to Mr Obama too much.
Answered on May 31st, 2013 at 11:44 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You send her a demand letter and then you sue her. I don't think the landlord is liable, but it wouldn't hurt to include the landlord. Tell your neighbor to pass the lawsuit on to her renters insurance carrier (who knows, she might have one).
Answered on May 31st, 2013 at 11:42 AM
Call the authorities and they will fine her and probably put the dog to sleep. Anyone who has a vicious dog and doesn't carry insurance has no business being allowed to own such a dog.
Answered on May 31st, 2013 at 9:58 AM
John Hone
The owner of the dog, only.
Answered on May 31st, 2013 at 9:58 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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She is probably liable for the bills. The landlord would not be liable. The only way to force her to pay is to sue her. However, you would obtain a judgment which might be uncollectable. It is possible, but unlikely, that the landlord's homeowners insurance would pay for this ladies' liability, or that the landlord has insurance that pays medical bills (no pain and suffering) up to $5,000.00 for any accidents that occur on the property.
Answered on May 31st, 2013 at 9:57 AM
Workers Compensation Attorney serving Oakland, CA
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Farber & Foote, LLP
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Dog bites are generally the responsibility of the owner of the dogs. You should speak to an attorney in your area experienced in dog bite cases, they may be able to bring a claim against the owner of the rental property.
Answered on May 31st, 2013 at 9:57 AM
Airplane Crash Litigation Attorney serving Towson, MD
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If she has renters insurance go after that. You can also bring in the landlord as a party if you can show they had knowledge of the potentially dangerous conduct.
Answered on May 31st, 2013 at 9:57 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Of course, it is the other dog's owner who is responsible but as you noted you are unlikely to be able to collect from her. It would be a real stretch to say that the apartment owner is responsible, I suppose you could make an argument that they knew or should have known the tenant was harboring a dangerous dog and failed to take appropriate action. If the apartment owner's insurance company buys into that and pays you anything, take it.
Answered on May 31st, 2013 at 9:56 AM