What to do if my dog’s leash slipped out of my hand and he bit a woman who was walking around the neighborhood campaigning and collecting signatures?
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What to do if my dog’s leash slipped out of my hand and he bit a woman who was walking around the neighborhood campaigning and collecting signatures?
I immediately kenneled my dog and offered the woman my bathroom. I also immediately provided proof on my dogs up to date shots/vaccinations. I drove the woman to the emergency room, filed with animal control and completed the necessary 10 day quarantine. Am I still responsible for the woman’s emergency room bill?
Asked on June 19, 2014 under Personal Injury, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You are liable for the injury caused by your dog biting a woman. Your liability will include her medical bills, pain and suffering, and wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of her injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled, NO lawsuit is filed. If the case is NOT settled, the woman could sue you 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). If this is the first incident of your dog biting someone, you would be liable for negligence. If the dog has a history of biting, you would be liable based on strict liability. Strict liability is liability whether or not due care was exercised.
If the dog bite incident occurred on your property, you might want to check with your homeowner's insurance carrier to see whether or not this type of incident is covered. If it is covered, the insurance carrier will handle the matter for you and if the case isn't settled, will provide you with an attorney at no cost to you..
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