If you are bit by a dog on private property...

[mom of 3G's]

My niece was bit by a dog in her rural neighborhood. The dog was contained in his private property by an invisible fence and she was selling tickets for a school fundraiser. She was bit once, ran to get on her bike, and bit 2 more times. None of the bites required stitches, but they did seek medical attention at the ER. The owner of the dog talked to my BIL last night and my BIL informed him "I'm not going to be easy to settle with."

I have some thoughts regarding this and just wondering what everybody else thinks.

1) The dog was on private property and was contained. Would you consider the niece to be trespassing?
2) Why try and make a bundle off insurance? It seems like if an opportunity arises, people are seeking a windfall off an unfortunate event.

I'm going to have to bite my tongue on this to keep family peace.

 

[Toad_Passenger]

It's a tough one, for sure. I would say if she walked onto the property without invitation, she would be trespassing.

If the man had been in the yard and said, "Oh, come on up to the door while I go get my wallet." Then the situation may be different. But, as the story is relayed, she was walking onto the private property and was then bitten.

Now the story becomes a bit more complex when she was bitten 2 more times. What was the owner doing at that point?

 

[SwedishMeatball]

How old is your niece and were there guidelines from the school about soliciting without adult supervision??

 

[Toad_Passenger]

I'm going to have to bite my tongue on this to keep family peace.

Forgot to add to my initial post about how I know how you feel. I have a SIL who commits all sorts of fraud (welfare, insurance, shoplifting, etc.). Basically she will try to find an angle on anything, illegal or not, and it drives all of us crazy. But, what can you do? My BIL gets very defensive, and does have a bit of a temper, so people are scared to say anything. It's very unfortunate, but I guess we all have to bite our tongues sometimes.

 

[hentob]

I'm going to have to bite my tongue on this to keep family peace.

I see where you are coming from.

 

[iwrbnd]

I have a real problem with people trying to get something from unfortunate accidents where nobody intentionally did wrong. She got bit. She's okay. Pay the bill. Lesson learned. Move on.

 

[FergieTCat]

Here are my thoughts:

The dog was contained on private property.
Your niece wasn't harmed.

Any good insurance company would ask to see a police report and the medical records from the emergency room.

I hope the other guy has a good lawyer.

 

[4nana]

Sorry about your niece and glad she's ok. My neighbor just went through similar. A strange 5yo child ran through her electrical fenced yard, her dog snipped at child's ankle causing a puncture wound. Child went to ER, no stitches but of course required proper cleaning and bandage. Friend's homeowner's ins paid ER bill, followed by child's parents contacting friend's insurance co. and demanded $6000. or law suit. To our surprise child's parents were awarded the $6000. to stay out of court. Sorry the child got hurt and so thankfully it wasn't serious. However I think it's sad that home owners pay the price of not having protection against strangers invading their property.

 

[mom of 3G's]

Now the story becomes a bit more complex when she was bitten 2 more times. What was the owner doing at that point?

The owner did come out after she started screaming from the first bite.

How old is your niece and were there guidelines from the school about soliciting without adult supervision??

She is 11. I don't know about the guidelines as it's not in my area.

 

[mom of 3G's]

Any good insurance company would ask to see a police report and the medical records from the emergency room.

They actually have the same insurance company and same agent.

 

[padams]

12 year old DS was bitten on Halloween when he went trick or treating. The dog ran out the door when the owner opened it to hand out candy. The bite was hard. DS was bruised and bleeding but did not require stitches. We verified that the dog had his shots, and then let the matter drop. These things happen.

 

[XTinabell]

Sorry about your niece and glad she's ok. My neighbor just went through similar. A strange 5yo child ran through her electrical fenced yard, her dog snipped at child's ankle causing a puncture wound. Child went to ER, no stitches but of course required proper cleaning and bandage. Friend's homeowner's ins paid ER bill, followed by child's parents contacting friend's insurance co. and demanded $6000. or law suit. To our surprise child's parents were awarded the $6000. to stay out of court. Sorry the child got hurt and so thankfully it wasn't serious. However I think it's sad that home owners pay the price of not having protection against strangers invading their property.

And not to mention that if they didn't have a beware of dog sign that can be used against them as well. So unfortunate that things like this happen it just encourages sue happy people.

I'm glad your niece wasn't severely hurt, I imagine this could be solved without the need to get ugly but it sounds like it might.

 

[Toad_Passenger]

I see the OP's state is listed as North Dakota. Is this where it happened? If so, than N.D. is a "One-Bite" state. If the dog has no prior record (as silly as it sounds), then the owner should be protected from liability.

Complicating things further, however, is that in some instances an "electric" fence is not considered proper containment of the dog.

I feel bad for the dog owner, because even though it sounds like they should win any sort of case against them, it's more than likely insurance will give in to avoid going to court.

 

[allison443]

In some states (e.g. New York) it does not matter legally if the injured person was a guest, trespasser, the mailman, a friend just dropping by unannounced, a trick or treater, salesman, a fed ex delivery person, etc. You are either liable (if you had notice that the dog was a "biter" or "vicious") or you are not liable. Liability depends on factors other than whether the person was an invited guest.

OP I hope your niece is okay! That must have been very scary for her.

 

[airhead]

And not to mention that if they didn't have a beware of dog sign that can be used against them as well. So unfortunate that things like this happen it just encourages sue happy people.

I'm glad your niece wasn't severely hurt, I imagine this could be solved without the need to get ugly but it sounds like it might.

Having a "Beware of Dog" sign is not a good idea. My friend is in an insurance agent and says that is an announcement that you have an aggressive dog.

 

[FireDancer]

I am not a lawyer and only speculating but if it was a front yard and the yard was unfenced (real fence, not electric) the dog owner may be liable for the bill. I think there is a big difference between being liable for actual incurred cost (ER bill) and suing for a windfall.

If a dog is considered an attractive nuisance and is in that unfenced front yard it is in a place where a reasonable person would expect a child to trespass. If your town doesn't prohibit soliciting with an actual statute as opposed to a homeowner's association I am not even sure it is technically trespassing.

I'd love to hear from an actual attorney on the matter though.

 

[mom of 3G's]

I'd love to hear from an actual attorney on the matter though.

Me too! Do you suppose they are all busy at work and not perusing the site???

Yes, the incident did happen in North Dakota. We have a dog ourselves and I have never read up on bite laws. Maybe I should...My inlaws had a dog that nipped somebody at the heels (although whether it was that or the lady caught herself on the car door??) and they put the dog down and I always have heard them say that insurance will cover the dog's first bite, but after that you are on your own as far as insurance settlement.

 

[TiggerTails57]

Me too! Do you suppose they are all busy at work and not perusing the site???

I think they are busy 'counting out their money'

 

[WDWorBUST]

I'm sorry....but I can't imagine that the dog was properly contained if it proceeded to chase her to bite her two more times on the way to her bicycle. And I sure can't imagine a child trying to sell something parking their bike in the backyard so to say that they were in the backyard the whole time doesn't make sense. If it was a front yard with an invisible fence and a dog that bites then the homeowner is absolutely crazy in my opinion. We had a dog that we kept contained in our backyard by a chainlink fence. Kids would go down our alley and torment and teaser her unmercifully to the point she hated kids. She did bite a child who reached into her yard while my mom was telling him (the child) not to. As a result we put up a 6 foot privacy fence to protect our dog from children (and of course the children from our dog as well). Do I think they should try to make money off the deal? Most definitely not.....but I do think in this instance they should pay for the medical bills. (If the facts are as I have understood them)

 

[DMRick]

The dog next door bit the kid across the street when he walked up the driveway to pet it (he was tied to his dog house in the yard..the dog, not the kid). The stitches to his face was covered as well as a settlement. The insurance company told the people next door this was a warning. They better put a gate up with a lock, and hope no other child wanders into their yard as it would cost a lot more now that they know their dog is capable of biting. Then they dropped his insurance.