DOG BITE?; Can she sue my dad when it wasnt his dog but incident occurred on his property?

Question

Background:
ME; 21, 2 min wage jobs, college, living w/ father
DOG; Registered in my name, up2date vacc, 6yrs old, no prior aggressive history
Person Bit: father's tenent of 3 yrs, has full health coverage by government
Dog was playing catch, saw father's tenant drive in driveway. Bringing dog up to house, tenent came out of vehicle. Dog ran to greet her, jumped up w/ mouth open. A tooth, cut her inner arm by her armpit. She went to hospital, recieved 6 stitches. I kept in contact w/ her whole time making sure she was okay. She told hospital that my father's dog greeted her and by accident he cut her w/ his tooth. Samething she told dog warden. She knew prior to inncident it was my dog (her & I used to be very good friends up til a year ago). Dog warden called me, Dog put on 14 day quarentine which ended 11/7/07. On 11/9 she contacted my father n told him she was suing him and that she would spilt the insurance $ w/ him that she was awarded. My father wants nothing to do w/ it.

Dog has been obediance trained very well. He was hyper from playing catch when she arrived. And the dog knew her

Didnt know it was against the law for my dog to be running loose on the propert where we live expecially when he was being supervised; we live in the country on a farm

Answer 1

Technically, yes he can be sued. The dog resides on his property. Therefore, he is liable for any injuries caused by the dog.

Edit: I was a letter carrier for many years and got bit several times. The Post Office (not me) sued the homeowners for my injuries. It didn't matter who owned the dog. What mattered was whether or not the dog lived at that property.

Answer 2

It really depends on the bite laws in your state/county/municipality. In many states she can take legal action against your father because he was "harboring" the dog and she was bitten by the dog while she was legally on his property. In many states there is no requirement that any person (victim, owner, landowner, etc) has a prior knowledge of the dog's propensity to bite. In some states she would have to bring legal action against you.

I strongly suggest you contact a lawyer and discuss with them what your local laws are as well as any defenses you may have under those laws. And then get your dog trained. Unless this woman has exceedingly thin skin, a wound that requires six stitches is NOT an accidental tooth scrape (I was in a motorcycle accident and between the very deep laceration on my chin and the laceration above my eye I only required 10 stitches). This is a behavioral problem that you need to address (even if it was somehow an accident, a 6 year old dog should greet people in a less dangerous and more appropriate manner).

Answer 3

First, anyone can sue but that does not mean they will collect a large settlement etc. Really all the evidence & statements have already been given and collected. The person made statements at the hospital, dog warden, to your Dad. Pretty much she already stated that it was an accident, that the dog's tooth caught on her arm, that she is not in pain, etc. The dog was examined and is current on shots with no history of attacks. If this person tries to change her story and the facts now it will mean her downfall. The most you may have to be liable for are the medical bills. Really I would not worry too much on this. Your homeowners policy will cover this anyway. Good luck.

Answer 4

Document and save everything she says. She can sue you for the hospital bill first because you own the dog. You father's homeowner's insurance would be second in line.

Ditto the obedience lessons. Your dog has no business being loose and you are lucky it wasn't worse.

Answer 5

It sounds like she is trying to scam your dad's insurance. Especially since she called him and told him she would split the insurance money with him. When the insurance does an investigation they will learn the dog was your's and not your dad's. They most likely will tell her "No Way". However, she may end up coming after you if she is only interested in money. She won't care if you have insurance or not. If she is looking for money from only the insurance company she may leave you alone.

Answer 6

Yes. Your dad is responsible for his property and what is on his property. He is responsible for removing potential harm, such as stray dogs. The Problem is NOT whther your dad owned the dog, But rather is happened on the property that your dad IS responsible for..Good Luck!

Answer 7

Both you and your father need to consult an attorney.

You can sue anyone for anything in this country. Get legal advice from an expert in your state.

Answer 8

thats pretty sad! sounds like a accident to me, some kind of friend you had eh? i think she might be after some cash? you cant blame anyone not even your dog,and this ex friend of yours should have known that the dog didnt attack her. maybe you need to train your dog not to jump up onto any one when he is greeting them, not a good idea if he is greeting kids? maybe ring your local council for some advice?

Answer 9

when I was bitten by a dog, on my forearm, my lawyer said I would get nothing by suing because it wasnt in an area that would show a bad scar in public, like the face or neck.

Answer 10

Laws on dog bites differ in different states. The best thing for you to do is look up your local laws re: dog bites and your rights.