Would he have a case if he sued after being bitten by a dog?

Question

My husband was riding his bike home when a neighbor’s dog snapped its lead and charged him.  The dog bit his left leg and then came onto the other side of the bicycle and bit his right leg.  The owner came out and took control of the dog and said they would have it put to sleep and give him new pants as his pants were ripped.  My husband had to go the ER, get the wounds x-rayed, cleaned and bandaged.  He is also on antibiotics.

Steven D. Dunnings · Answer

Yes.

Melvin Franke · Answer

Yes.

Stephen Lombardi · Answer

Contact the dog owner's homeowner's insurance company for compensation.

Ronald A. Steinberg · Answer

Absolutely yes.  Why wasn't the dog kept within the yard?  If a person gets injured in an unprovoked attack, the animal owner is responsible.

Britany Engelman · Answer

Yes. Dog bites can be very serious, and being bitten by a dog can be the basis of a personal injury lawsuit. Your husband should consult with a personal injury attorney as soon as possible to protect his rights regarding this incident.

Christian Paul · Answer

You may hear others say that no dog gets a free bite, in California at least.  It sounds like this dog got two bites of your husband, injury him and damaging his clothes.    Yes, he could sue for his injuries, including medical bills and medication costs, pain and suffering, disfigurement, damaged property (the pants, maybe the bike if it was hurt), and the like.  The deadline to sue would be two years from the date of the injury.  However, since the dog's owner already seems willing to compensate your husband, you might be able to resolve it without having to sue.  Keep good records, take pictures, and find out from the doctors what the prognosis is.  Then you can either try to resolve it on your own or you can contact a personal injury attorney for his or her take.  Good luck!

Brian Bourke · Answer

The owner of a dog has strict liability for injuries caused by the dog.  These claims are covered by the dog owner's home owner's liability insurance. You should consult an attorney to represent your husband as soon as possible to investigate and perfect his claim.

Thomas Edward Gates · Answer

Yes, your husband has a case for the dog bites.  The owner had a duty to protect individuals from the dog and, knew or should have known that the dog bites others.

Barry Rabovsky · Answer

We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you. Thank you for your email, and we look forward to hearing from you.

Thomas Bulman · Answer

Yes.  He has a claim.  Modest damages.  Get the dog owner's insurance company for the house or apt.  If there is no policy, your husband can sue himself and try to collect.  Not worth it usually.

David Stoddard · Answer

Yes, the owner of the dog is liable for any damages. You probably would not get much above the medical bills, unless there is a scar or other permanent injury

Andrew Velonis · Answer

The dog owners 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.  The fact that it snapped its leash and attacked first from one side and then another does indicate visciousness.  Not all lawyers would want this case, as it appears that the injuries were not severe. On the other hand, some would welcome such a case as they typically settle readily.  But don't do this on your own, insurance companies will trip you up if you give them a chance.

James Kelaher · Answer

If the owner of the dog had homeowner's insurance, the homeowner's insurance will pay for all of the medical bills, as well as any scarring your husband sustained, plus the pain & suffering of the incident. We have a law in Florida that says if you own a dog, and that dog bites someone, you are responsible. Period. Get your husband to ask the owner for his homeowner's insurance information. The homeowners is required by Section 627.4137, F.S., to give your husband that information.

Lisa Hurtado McDonnell · Answer

I suggest you just submit a bill to the owner first and itf they don't pay within 30 days then you can file a lawsuit.  If the owner has property insurance then they just have to submit a claim to their insurance company.  generally property insurance covers dog bites.

Bernard Huff · Answer

You should at least consult with a plaintiff's lawyer who handles dogbites and  other cases where people are attacked and/or injured by animals. In those cases,  the owner's negligence has to be proved in order to be liable.

Kevin Habberfield · Answer

Based on those facts, I'd take that case. Go see your local personal injury attorney. Also, I don't see the need to put the dog down, all they need to do is keep it away from people.

John Brennan · Answer

The indigent as described defines a cause of action for the damages incurred. See an attorney.

David Ayer · Answer

In Massachusetts there is strict liability of the owner for dog bites. This means the owner is presumed to be responsible. Your brother should consult with a personal injury attorney about filing a suit for his injuries.  ************

Paul Whitfield · Answer

Dog bites don't make automatic lawsuits. You have to prove that the dog has a vicious disposition, that is, has attacked others or tried at least to attack others.

David E. Frank · Answer

Yes, your husband would have a very good case in California, where dog owners are subject to strict liability for dog bites. Usually their homeowner's insurance will cover such a claim.

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Would he have a case if he sued after being bitten by a dog?

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