Should I sue for dog bite?

Question

Went to a co-workers house for a movie night. Their dog was playing, sitting on people's laps etc. At one point, dog came up and sat down in front of me. I leaned in and said softly "Oh, cutie what are you doing?" Dog freaked out, jumped up and bit my face, tearing my upper lip. The owners drove me to the hospital, and were obviously upset. They were concerned that the dog would be killed if I reported it to the police. I did not want the dog killed either, so when the ER staff called the police, I told the police I did not know who's dog it was. Of course, this meant that I had to keep going back for the rabies shots which the ER people said I could only get there. The owners offer to pay all medical bills, which was $1500 of ER visits. They have since paid me $300, but have not made any attempts to repay the rest. I have a large scar 4 mos. later. Just want ER bills paid, am not looking for damages. Should I take them to small claims? I did lie to the police. Will this hurt my case?

Answer 1

Dogs cant' be tested for rabies until after they're dead but CLEARLY if the dog was rabid, it's owners would've been mauled by now.

This is a case of you getting too close to a dog that was poorly trained. Homeowner's insurance should cover this. If these people refuse to file a claim with their insurance carrier, will your insurance cover the rabies shots even though you more than likely were not exposed to it as the dog would've manifested clear signs by now?

It's your call but in the interest of mercy, I say no..don't file a claim. And before you DO file a claim should you choose to, write a letter and have it delivered by registered mail to document your attempts at compensation and THEN go forward with the claim..it'll help you out tremendously in court.

Answer 2

Of course it will hurt your case. The owners are NOT responsible for any of the rabies shots and I can't image why you would go through that, unless you know the pet has rabies, which is not the case. I think they learned of the rabies shots and felt betrayed. They know you did not need those shots and they resented having to pay for them, especially when they can prove their pet has been vaccinated.

You have definitely compromised any case you might have had. In fact, you could be charged with fraud and extortion. Further, you stuck your face in the dog's face. That wasn't smart. You antagonized the dog and caused him to attack you. I can't imagine anyone being so reckless around any dog they are unfamiliar with. You should be thankful to have $300 from the co-worker. Further, why don't you just tell him/her to not pay any more because you told the ER you didn't know who owned the dog and you willingly had rabies shots you didn't need and that is why the expense is so high. Hopefully, they won't have criminal charges laid against you. If you push them for more money, be prepared to pay the consequences of your criminal behavior. Never mind the scar on your lip. It is inconsequential to what you will be facing if you sue them or even try asking for more money. I would not risk it because you are risking prison.

Answer 3

Since you lied to the police and it is now a matter of record, these people can use that against you when you go to court. You made an official declaration to the police, for if you now tell the truth they can charge you with a crime. I would approach these people again and tell them that you are about to go to the police and explain to them what really happened. That you only lied because you and the owners of the dog were afraid it would be put to sleep. Also tell the owners that you do not want anything over and above the medical bills. If you do not receive payment in a week, you are going to the police. Believe me, you'll get your money!

Answer 4

This is something that can EASILY be negotiated. They could be expecting you to formall ask them for the money. Contact the witnesses and make sure they will back you up if needed. Collect all your medical bills and give them a call telling them that you have the total amount and when can they pay? If they give you any grief, then tell them you will send them the receipts in the mail to prove the actual costs.

Then send them a certified letter thanking them for agrain agreeing to pay the amount, and recount the incident as you remember it. Acknolwedge in the letter that they have already paid you $300, agreed to pay all expenses, and agreed again over the phone to the remaining $1200. Tell them that the bills are coming due and you would like them to pay the remaining balance as they have agreed.

Say in the letter you have no interest in taking legal action or bringing the police into it again at this time, but you would like them to come through on their verbal agreement within 60 days. Ask them to respond in writing if they are unable to make payment within that time. Offer them a written signed receipt within 5 days of receiving payment.

As long as you didn't lie when you described the dog, you can still say that you later learned who the owner was, because you remember what the dog looked like.

If you do eventually go to court one thing judges LOVE is when someone tries to work out the issue amicably before using the court's resources. Many judges really respect this and will become irritated with the other party for forcing him or her to act.

Answer 5

You may not have a case because of what you said to the police. I've read through a few sites and if they are found liable their home owners insurance might cover your costs or your lawsuit. I think the value is between $16,000 and $22,000. Either way it might be still valuable to talk to an injury attorney. I put a good dog bite website as my source. Hopefully this will help out!

Answer 6

Having already lied on the police report your credibility in court will be in question to the judge. But the circumstances are the circumstances and it sounds as though your coworker is liable for your expenses and damages. I'd sue. It won't cost much to file and it might get the people off the dime to pay you. If not, just show up in court and tell your side of the story and let the judge do what judges do. But be done with your lies. He or she will be much smarter than any cop.

Answer 7

lol sueing is such a joke, it's a game, a fantasy created by the modern civilazation. Should a debate between two people really be decided by a civilised arguing game? Of course not! Let's go back in time 130 years and have the same situation, what would have happend? Why a duel of course! Reality, violence, not games and arguing!

Answer 8

you ought to sue, however the fee of hiring a criminal expert and all of the hoops you will ought to leap via probable should not be well worth it. the only way you will fairly have a case is that in case you ought to teach that the comparable canines that bit your son bit somebody else, or maybe then you definately'll ought to teach that the owner became no longer promptly negligent (and that i can assure you her criminal expert is going to attempt and coach your son did something to "galvanize" the canines). Your ultimate wager is to maintain your son far off from those canines and bypass the observe for the time of your community. If the canines save biting different human beings, then you definately ought to band alongside with the different sufferers and sue.

Answer 9

You don't say what state you are in. Some states have what's called the "one free bite" rule e.g. you can't sue unless the owner knows the dog has dangerous propensities. Other states, like CA, are "strict liability" states e.g. the owner is liable regardless of how good the dog was prior to the first bite. Check with an attorney in your state.

Answer 10

YES. If they have not honored their promise to pay for the damage caused by THEIR dog, go ahead and sue.

You SHOULD report the dog- you could save someone else some pain.

Have them served first, so they know you mean business. If they pay up before court, you can always dismiss the case.