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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 6 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.. 

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption