Should I sue the owner of this dog?

Question

So, I was bitten by a dog that got off its leash about two weeks ago in Montana (I'm from Minnesota). It was the last day of my vacation, and the dog (a pit bull) ran up and bit me. I did nothing to provoke the attack, except walk past the car the dog had been tied to all day long. Turns out that the dog had just bit some kid before me, and then it bit me too. No serious complications, just a lot of pain and blood, tetnus shots, antibiotics and the ER, which all sucked. Anyways, I won't even have a big scar, it's healed up quite nicely, but I've found out that the owner (who is obviously a total douchebag, as she tied the dog to her bumper with no food or water in record heat (100+ degrees) all day long) has agreed to pay the medical bills, but hasn't offered so much as an apology. I feel really pissed about this, and a lot of my friends say that I should sue, and one of them said that I could even get a couple grand out of the whole thing. I'm torn on this. I feel that it's wrong to..

sue for the sake of suing, but this person has crossed a few lines here. What would you do if you were in my shoes, and why?

Answer 1

To sue you will have to hire an attorney in the jurisdiction where the dog bite occurred. It does not appear that you suffered enough to bring this within the jurisdictional amount of the federal courts.

If you sue, you will be entitled to be reimbursed for medical expenses, pain and suffering, but not travel expenses in attending any court proceedings.

The Montana statute establishes liability on the dog owner:

Mont. Code Anno., § 27-1-715 (2002)


27-1-715 Liability of owner of vicious dog.



(1) The owner of any dog which shall without provocation bite any person while such person is on or in a public place or lawfully on or in a private place, including the property of the owner of such dog, located within an incorporated city or town shall be liable for such damages as may be suffered by the person bitten regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.

(2) 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 of America or when he is on such property as an invitee or licensee of the person lawfully in possession of the property.


Your friends seem to be looking at this matter almost like it is the equivalent to winning the lottery -- getting a couple of thousand dollars. In some respects this may be true. In all probability, this matter may be covered by the homeowner's insurance of the dog owner. However, you will probably not proceed any further without hiring a Montana personal injury lawyer. You can find listings in the Yellow Pages or on the internet.

The defendant or her insurance company may want to have you go through a process of providing proof of the dog bite, photographs of the injuries, copies of the bills, have you come in from Minnesota to testify at depositions, etc. Your attorney may feel that because the value of the case is small ( only a couple thousand dollars) that he needs a larger contingent fee to cover his services. In some small personal injury cases, I have seen contingent fees in excess of 50% of the amount of the settlement. Do a simple cost - benefit analysis.

You seem to be saying that you will settle for coverage of the medical costs plus an apology. Is that right? Wouldn't that be simpler? Of course, the defendant would want to have you sign a release even if the matter was settled without attorneys.

Answer 2

I understand your feelings, but if you were to sue her, you wouldn't get anything more than the medical bills that the owner has already agreed to pay. It would be a waste of time and effort if you sued her, because you wouldn't be awarded anything more than what you got. I would however, get something in writing from the owner stating that she will pay for all medical bills associated with the bite (including medications in the future for scarring, etc.), just in case she acts shady when she gets the bill.

That being said, I think you should also look into the dog control laws in the area where the woman lives, and possibly give a heads-up to the police there. If this dog is dangerous and has bitten people before, including children and anyone walking by, in addition to the fact that the owner seems less than concerned about preventing this behavior, then I'm sure you won't be that dog's last victim. The laws about keeping an animal you know is dangerous (and not taking steps to keep it away from innocent people) is becoming illegal in more places now. The police might appreciate knowing in advance where this dog is.

Answer 3

If you haven't already made a police report, do so. Not only will this provide more legitimacy to your possible suit, but it will also put the owner on notice that her actions with the dog have been reported. That the dog bit one person (kid) before you is more incentive to report the action to police.

A lawsuit will not only be time consuming, but it may be costly also. Especially because you will have to sue the owner in Montana and you live in Minnesota. If the dog owner has an homeowners insurance policy, you may want to proceed with a suit.

If the dog owner has little or no assets, your only option may be to satisfied that he/she has agreed to pay the medical bills.

Don't expect a heartfelt apology from someone who would treat a dog the way you described. Sometimes, the only way for someone who has that mentality to learn is for it to hurt them financially.

So, the decision remains with you. If it were me, I would file the lawsuit, but press for settlement.

Answer 4

You shouldn't feel bad about taking any action against her. I own a big dog myself that is highly protective of me and my property, and I wouldn't dream of leaving it out all by itself where other people might go. This is the kind of clueless pet owner who makes the rest of us look bad. You can report it to the police. After all, the dog was running around unsecured in public and it shouldn't matter that it was an accident. Dog owners get cited and convicted under the leash laws all the time if their dogs escape because of their carelessness. You might also make a report of animal cruelty, which many cops consider it to be if you tie a dog out in such high heat without water for such extended periods. Other than that, you can take photos of your injuries and take the owner to small claims court to collect for your pain and suffering.

Answer 5

You might not be able to sue because you have a verbal agreement, she paying the bills.
What you can do is file a complaint against the owner for the abuse of the dog. Then the city will take it from there. The dog would probably be taken from her, and maybe put down, since it bit two people.

Answer 6

Absolutely, people keep Pitbulls as weapons and should be treated the same as if a weapon in thier care had gone off and wounded you. I hope you called the local animal control.
Go after them for everything they are worth.

Answer 7

if you win, your not going to get travel expences. your friends no nothing...do the math.....