If my dog bites someone after being provoked, am I legally obligated to pay for the medical bills?
Question Details:
On Christmas morning my dog bit my nephew after the child had continuously provoked my dog. I warned his parents, who were there, but my protests were ignored. I volunteered to pay half the medical bills but the parents want me to pay full. Without going to court, am I obligated by law to pay in full anyway? Or is that a matter for the insurance companies to handle?
I agree with the first posting attorney.
More importantly, report this incident to your homeowner's insurance company ASAP and immediately. They may cover a claim for medical bills, etc.
For more information on Texas dog bite cases and personal injury cases, visit http://www.kiplawfirm.com or send confidential e-mail through our website.
You're only liable to the degree you are responsible or at fault, such as by improper training or supervision of the animal. While your nephew provoked the animal, there were reasonable steps you could have taken to have stopped this, like putting the dog in a cage or crate, locking it up, etc. That means that probably, you would be held fully liable--or at least there's a reasonably good chance on these facts that you would be. Given the time, emotional, and potentially economic cost of fighting the parents' demand for the full medical bills, it's probably best, unless they're extreme, to pay them.
