If my young daughter broke her arm at a friend’s house due to their dog tripping her, is the home owner liable for medical expenses?

The homeowner has no homeowner’s insurance.

Asked on October 19, 2015 under Personal Injury, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The homeowner is liable for your daughter's medical bills and also pain and suffering.  Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills based on the medical reports.
You will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter because she is a minor.  The lawsuit would be for negligence.  Negligence is the failure to exercise due care that degree of care that a reasonable dog owner would have exercised under the same or similar circumstances to prevent foreseeable harm.  The lawsuit must be filed prior to the expiration of the applicable statute of limitations or your daughter will lose her rights in the matter forever.


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