To understand how that works, it helps to know that an injured person may generally sue the dog owner based on one (or more) of the basic rules for dog-bite injuries: a legal principle known as the " one-bite rule " that makes owners liable if they knew their dogs posed a danger
Answer their questions about insurance -- but not about the dog and not about what happened. The following is from an exchange of e-mail between Attorney Kenneth Phillips (the author of Dog Bite Law) and a dog owner who was being sued.
(Russell v. Rivera, 780 N.Y.S.2d 699 (N.Y. App. Div. 2004).) The dog's breed. Some courts may presume that a dog owner knows the animal can be dangerous because of its breed, which means that the failure to take special precautions could amount to negligence (see Poznanski v. Horvath, 788 N.E.2d 1255 (Ind. 2003)).
In addition to dog bite laws, there may be other state laws or local ordinances that pertain to your case, such as leash laws or trespass laws. You'll have to have a good idea of how and where the incident happened before you can know for sure what laws will apply to your case.
According to the Insurance Information Institute, these are the numbers of average payouts for a dog bite in the top 10 states in America for 2019: California – Average dog bite payout $51,264.6 over 2,396 claims totaling $122.83 million.
In order to file a lawsuit against your neighbor after a dog bite you must have sustained physical or psychological injuries. Second, you must be within the statute of limitations. Under California law, you have two years from the date of the dog bite to file suit against the owner.
If you're facing a lawsuit over an alleged injury caused by your dog, you should strongly consider speaking with a personal injury lawyer. An attorney experienced in this area can fully explain the defenses that are available in your situation and state, and can help protect your rights.
Level 4: One-four deep punctures from a single bite and lacerations or bruising from the dog holding on or shaking. Level 5: Multiple bite incident with more than 2 Level 4 bites. Level 6: Victim death.
In California, if a dog bites someone, it is a strict liability issue. “If there is a bite, the owners are liable,” says attorney John Montevideo. “There are some exceptions to the rule, but, for the most part, it's the owners fault for it simply having happened.
Victims of dog bites may worry about how the strict liability statute applies, based on the location where the attack occurred. The good news is that victims of dog bite attacks are protected by California's strict liability statute for dog bites, regardless of whether the attack occurred on public or private property.
(a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.
In order to win a lawsuit based on negligence, the injured person must prove that: 1. the owner had a duty to take reasonable care to control the d...
As a general rule, dog owners have a duty to use reasonable care in order to prevent their animals from injuring others in predictable ways. But th...
If a dog bites someone because of its owner’s carelessness, it’s pretty clear that the negligence caused the injuries from the bite. But the questi...
Not all states allow someone injured by a dog to sue on a negligence claim. For instance, as a result of court decisions in New York since at least...
If you’ve been hurt by a dog, or you’re being sued by someone who blames you and your dog for an injury, you should consider speaking with a person...
Some states have strict liability dog bite laws, which mean as the dog's owner you are responsible for any injuries caused if the dog bites someone, regardless of whether you were following all laws or took appropriate precautions.
You might consider asking people such as your dog's veterinarian, trainer, or others who work with your dog on a regular basis to testify on your dog's behalf and explain to the court that the dog normally is very well-behaved and not a threat to people.
The best way to defend yourself is to present your strongest points first, then move on.
You typically can defend yourself by proving that the injured person provoked the dog. Any witnesses who observed the person teasing the dog can provide strong testimony in your favor. Keep in mind that provocation can be accidental or unintentional, such as stepping on the dog's tail.
1. Read the complaint and summons. The complaint and summons include details about the plaintiff's allegations as well as important dates and deadlines you need to know. The summons gives you the name and contact information of the person who sued you, and also tells you how long you have to respond.
Look up the statute of limitations for personal injury in your state to find out how long the plaintiff had to file his or her lawsuit. You can find this out relatively quickly with an online search.
Consider attempting mediation. Through mediation, a neutral third party works with you and the plaintiff to come to a compromise and settle the claim.
The following is from an exchange of e-mail between Attorney Kenneth Phillips (the author of Dog Bite Law) and a dog owner who was being sued. The dog owner's message did not make clear whether she was facing a claim or an actual lawsuit; her inquiry was focused on the $1 million claim being made against her.
The best and easiest is to be very, very nice to the dog bite victim (and his family). Show concern without necessarily accepting blame, and take the other steps described above. Be sincere, don't be defensive, and don't blame anyone.
If you have a big dog or one that shows signs of aggression (whether because it likes to eat, likes to sleep, likes to hoard its toys, or likes to bite people -- the reason doesn't matter), you need to protect yourself by keeping the dog away from people, muzzling it when it is around people, and strictly following all animal control laws (like leash laws, anti-trespassing laws which apply to dogs, and anti-running at large laws). If your dog bites someone or causes injury in other ways, you might find yourself on the receiving end of a dog bite claim. Before it escalates, there are measures you can take.
If you are sued, you need to turn the matter over to your renters insurance or homeowners insurance; if you were on the job, turn it over to your employer because an employer is required to defend employees from suit. If you own a business and the incident occurred in connection with business activities or on business property, turn it over to your commercial general insurance carrier.
If you receive a letter from an attorney who represents the victim, respond to it. If you ignore it, the next person you will see will be a sheriff with a court subpoena! Be nice to the attorney and his or her staff. Give them your insurance information (homeowners or renters). Answer their questions about insurance -- but not about the dog and not about what happened.
If you were not insured, you need to respond in a manner appropriate to the court. If the case is in small claims court, you need to appear and defend yourself with whatever evidence you can gather. If sued in other courts, you need to retain an attorney to defend you because it is a complicated process and the rules are almost impossible to grasp. If you cannot afford an attorney to handle the entire matter for you, then you still need to retain an attorney as a consultant -- he will tell you what is going on and what you have to do, and then you will have to do it. If you hire an attorney this way, it will be cheaper but it will be a lot of work and worry for you. If you retain an attorney, there is a chance that he can settle the case with the opposing attorney, which of course would reduce your costs.
In most places, the insurance company also has to pay for a private attorney to protect your personal interests. This is because it is essentially unfair, in the view of many courts, for the insurance company to pick one lawyer to defend the company and you, because your interests are not exactly the same at this point.
If you've been hurt by a dog, or you're being sued by someone who blames you and your dog for an injury, you should consider speaking with a personal injury attorney. The legal rules about proving negligence in a dog-bite case can be complicated and can vary significantly from state to state.
When that happens, the victims generally aren't shy about suing to try to get compensation for their injuries. In some of those lawsuits, the victims will argue that the dog owners are liable for the injuries because they were negligent (legalese for careless) in handling their pets.
If a dog injures someone because its owner was violating the law, the court may either find that the owner was negligent as a matter of law (in which case the injured person only has to prove there was a legal violation) or consider the owner's actions as evidence of negligence.
A lot of factors can affect whether a court will find that a dog owner acted reasonably, including: Chains, fences, and warning signs. Courts are likely to find that an owner has taken reasonable precautions if the dog is confined in the owner's property with a "Beware of Dog" sign (see, for example, Alfano v.
In order to win a lawsuit based on negligence, the injured person must prove that: the owner had a duty to take reasonable care to control the dog's behavior. the owner was negligent by failing to meet that duty, and. that negligence directly (or "proximately") caused the injured person's harm.
As a general rule, dog owners have a duty to use reasonable care in order to prevent their animals from injuring others in predictable ways. But that duty doesn't necessarily extend to everyone, such as a burglar who has broken into a dog owner's house. And in some circumstances, it may not even apply to innocent passersby. In a Colorado case, two pit bulls barked and lunged at a passing eight-year-old boy from behind a chain link fence that held them in their yard. The dogs didn't escape from the yard or touch the boy. But he got scared and ran into the street, where a van hit him. The boy's parents sued the dogs' owner, claiming that he was negligent by not preventing the pit bulls from frightening people walking in front of his house. But the Colorado Supreme Court found that the owner didn't owe a duty of care to the passing child, so there wasn't any negligence. (N.M. by and through Lopez v. Trujillo, (397 P.3d 370 (Colo. 2017).)
If you own a dog, preventing it from hurting someone is obviously the best way to avoid liability for an injury. Certain simple steps help, like training and socializing your dog, never letting it run loose, paying special attention when children are around, keeping the animal out of the path of strangers (like mail carriers and others who will routinely enter your yard to come to the front door), and posting a clear "Beware of Dog" sign if you have any reason to believe that it might injure someone coming onto your property. Even if the dog hurts someone despite these measures, your preventative actions could help show that you weren't negligent.
laws or court decisions that make negligent dog owners liable if they were unreasonably careless in controlling their animals. The dog-bite laws in many states don't apply in certain circumstances—mostly commonly, when the injured person provoked the dog or was trespassing.
voluntarily risked getting hurt by the dog, or. contributed to the injury by being unreasonably careless. Owners can't use all these arguments in all cases. For instance, the laws in some states don't allow certain defenses. Also, the available defenses can depend on the nature of the lawsuit.
Dog owners will almost surely be off the hook if the injured person clearly provoked the animal— for example, by hitting or teasing it. But what about other actions that aren't so obviously provocative? Depending on the circumstances, courts might relieve owners of liability when victims unintentionally provoke dogs by:
States have different ways of dealing with the question of liability when dog-bite victims' own carelessness contributed to their injuries. In the majority of states that use some form of "comparative negligence" rule, the victims will receive less compensation in proportion to their share of the blame. But most of those states cut off all compensation when the injured person's share reaches 50 or 51 percent. And a few states deny any compensation to victims who contributed to their injuries, even the least bit. Depending on the state and how its courts interpret the law, comparative negligence may not apply when an injured person sues under a dog-bite statute rather than based on the owner's negligence. (For more details, see our article on when dog-bite victims are partly at fault .)
Dog owners are usually responsible when their pets bite people or hurt them another way (such as by knocking them over or chasing them). That means that the injured person may sue the owner to seek compensation for the damages, including medical expenses. But it's not always fair to hold the owner responsible if the victim was to blame for the injury. Depending on the circumstances, dog owners (and their homeowners' insurance companies or attorneys) may fight back by arguing that the injured person: 1 provoked the dog 2 was trespassing or breaking the law at the time of the injury 3 voluntarily risked getting hurt by the dog, or 4 contributed to the injury by being unreasonably careless.
This rule usually applies when dogs hurt veterinarians and other people who work with animals—like vets' assistants, groomers, pet sitters, and kennel operators—because they take the risk of dog bites and other injuries as part of the job.
Owners usually aren't liable when their dogs hurt trespassers. Here again, the rules vary depending on the state and the legal basis for the lawsuit: Most of the states' dog-bite laws don't apply if the injured person was trespassing or wasn't "lawfully" on private property.
As soon as you become aware of a potential lawsuit, even if you have not yet been sued, it is a good idea to seek legal advice. If you cannot afford an attorney of your own, contact a local advocacy group or legal clinic to see if you qualify for free or low-cost services.
If you are being sued, it is important that you respond to the lawsuit by seeking legal advice, filing any necessary response papers, and showing up in court for any scheduled hearings. The process for responding to a summons that informs you that you have been sued varies by jurisdiction. It is generally true, however, that not responding to a lawsuit can result in a judge finding in favor of the person who is suing you simply because you have not appeared in court.
Keep in mind that if you are successfully sued and the court issues a judgment against you, you may be forced to pay a significant amount of money and may risk damage to your credit rating. For this reason, you may wish to attempt to settle the lawsuit before actually going to court.
Some organizations offer free legal advice via telephone. While it is certainly a very unsettling experience to be served with a lawsuit, pretending that you are not being sued is unlikely to resolve your problems in your favor.
The process for responding to a summons that informs you that you have been sued varies by jurisdiction. It is generally true, however, that not responding to a lawsuit can result in a judge finding in favor of the person who is suing you simply because you have not appeared in court.
Read the “Summons” and “Complaint” and know your deadline to respond, who is suing, and why. This is an important first step. The “Complaint” is a document initiating and detailing a lawsuit. The “Summons,” meanwhile, will direct you to file a response to the Complaint within a fixed amount of time.
Many people get rid of key documentation because they don’t realize its importance. This can be a costly mistake. Any claims you make are meaningless without evidence. That’s why you should take pictures of anything related to your case and keep all relevant records.
Have you gathered all your evidence and spoken to your attorney about the case? If so, you are now ready to file your response. Remember, you only have a designated amount of time to do this, so make sure you respect that deadline. You must also ensure that your response follows court rules in your state.
It is critical that you avoid being emotional in the courtroom. Even if it’s difficult, you need to keep calm and answer questions in a brief and clear manner. Only answer the questions asked. Excessive displays of emotion will not make the judge more sympathetic to your case. In fact, being emotional in court could hurt your case in the end.
8. The emotional hook. Lawyers love clients who sue over "principle," because their cases usually go on longer than those brought solely for economic reasons. If you're a defendant, resist the urge to countersue unless you have a solid case. See a therapist instead—they're cheaper than lawyers, and you'll feel a whole lot better.
The Incredible Unpleasantness of Being a Litigant. There's nothing worse than that sinking feeling you get when you are handed a legal document that announces you're being sued. Say hello to lawyers, courtrooms, big bills, sour stomachs, and sleepless nights. Here are things you may not know about being on the receiving end of a lawsuit.
1. You're it. You don't have to "accept" the papers that begin the lawsuit. You just have to be "given" the papers … which can mean that the server announced what the papers were and then presented them to you … even if you throw them on the ground. (p.s. That may earn you a citation for littering!)
If you have insurance, you should submit the lawsuit to your insurance company and they will provide an attorney free of charge. If you do not have an attorney, you should contact one as soon as possible. Report Abuse. Report Abuse.
If the insurance company does not provide legal counsel, you should identify, interview, and engage a litigation attorney.
If you had auto insurance, then turn the paperwork, letter or lawsuit, over to your auto insurance company. If you do not know the address, then go to the office of the agent from whom you bought the insurance. If you do not have insurance, then you should not have been on the road at all. You will have to hire a personal injury attorney; they usually advertise on TV, billboards, lavatory walls, buses, and any structure or medium possible. Of course, you will have to pay up front. so, it is always best to have auto insurance.
If you have not yet been served with suit papers, notify the agent and claims department immediately and give them all of the information they ask for.
The first thing to do is notify your auto insurance agent. Your insurance company should provide a defense for you by hiring a lawyer who specializes in insurance defense matters.