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

[Mandychelle79]

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.

Actually when researching this ( my dog bit my aunt) its suggestd NOT to have a beware of dog sign because it shows that you know your dog is aggressive. They suggested no trespassing signs instead.

 

[KandD]

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)

We have dogs that are kept in our backyard but our neighbor used to keep their dog in their side yard and kids really teased that dog! They would even run onto the property, just far enough so his chain didn't reach them, and then they would run away and do it again. I caught a few kids doing it and so did my boyfriend and of course we told them to stop but who knows how many times someone didn't catch them? If they got close enough to the dog I wonder if he would have bit them? Luckily, they fenced in the backyard so there is no more teasing.

Anyway, as to the OP...did your niece not see the dog before she went onto the property? Did the dog run out from somewhere?

 

[MarilIncredible]

Most likely the home owner would be liable for the doctor expenses associated with the diog bite, even if the dog was contained by an invisible fence on private property.

It might surprise you to know under the law that even trespassers have certain expectations regarding their safety when on someone else's land, and if they are injured, even if they are trespassing, can sue and will prevail in most jurisdictions.

 

[XTinabell]

Actually when researching this ( my dog bit my aunt) its suggestd NOT to have a beware of dog sign because it shows that you know your dog is aggressive. They suggested no trespassing signs instead.

Ah good to know if I ever get a dog. I was chased by a dog once in a similar situation as the OP's niece and I remember thinking it would have been nice to have seen a beware of dog sign. However, had there been a no trespassing sign I wouldn't have gone to the door altogether so I think that's a smart idea. It would likely serve to protect both parties.

 

[ols386]

I'm glad your neice is ok, but it sounds like your BIL wants to take advantage of the situation, and I think that's very wrong. The dog was on private property, and the girl walked onto the property uninvited. But again, glad she is ok.

 

[chisnpeke]

I'm glad your neice is ok, but it sounds like your BIL wants to take advantage of the situation, and I think that's very wrong. The dog was on private property, and the girl walked onto the property uninvited. But again, glad she is ok.

I agree.

People are way too sue happy in this country.

 

[Sparx]

I'm glad your neice is ok, but it sounds like your BIL wants to take advantage of the situation, and I think that's very wrong. The dog was on private property, and the girl walked onto the property uninvited. But again, glad she is ok.

This is exactly how I feel.

 

[Toad_Passenger]

I really think the BIL is out of luck. From what I've been reading here, and on the Intrawebs it sounds like, if this is the dog's first offense, the amount of money taken from insurance will only be to cover any medical procedures done (shots, stitches, etc.).

You'll have to break it to him that he's not going to be able to setup shop on Easy Street just yet.

 

[iwrbnd]

It makes me sick that people will sue over anything! There are risks in just being alive and not every accident is someone's fault!

 

[Magic Mom]

I'm glad your neice is ok, but it sounds like your BIL wants to take advantage of the situation, and I think that's very wrong. The dog was on private property, and the girl walked onto the property uninvited. But again, glad she is ok.

What she said. It is "she," right?

 

[allison443]

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.

If someone is careless and unintentionally causes an accident, you don't think that someone who is injured should be able to sue for their injuries? That is the entire basis of our liability insurance system.

 

[DisneyBamaFan]

A few comments:

This was a little girl on a door-to-door fundraiser, not a kid just cutting across the yard. Labeling her a trespasser.

The person that owns the dog should no longer consider the dog to be safe. If it was my dog, I would have it put down.

As for the greedy father trying to profit from his daughter's pain...

 

[allison443]

Most likely the home owner would be liable for the doctor expenses associated with the diog bite, even if the dog was contained by an invisible fence on private property.

It might surprise you to know under the law that even trespassers have certain expectations regarding their safety when on someone else's land, and if they are injured, even if they are trespassing, can sue and will prevail in most jurisdictions.

I believe this can vary by state, but in the state where I practice (NY) you are correct. If you think about it, the liability is on the homeowner for having a biting/"vicious" animal (if it is proven to be so). The homeowner is liable for injuries caused by his dog. The "trespasser" thing isn't a defense. It is certainly foreseeable that random people could come onto our property for a lawful purpose without our prior knowledge/consent. A delivery person, salesperson, my neighbor dropping off misdirected mail, a friend stopping by unannounced, census worker, etc. As homeowners we have a responsibility/duty to maintain our property in a safe condition, such as having walkways/steps in good repair, shoveling snow, restraining dogs that might bite. If the homeowner breaches that duty they are liable for injuries that foreseeably result.
The burden would be on the injured person to prove prior knowledge of the dangerous condition.

 

[DizBelle]

Tell your BIL good luck with getting anything (he likely won't get much of anything beyond what their costs are).

Here's our story...

DH was bitten by a dog. He was riding his bike (he is an Ironman athlete) in a neighborhood and a dog ran out into the street (public property), chased him down, and put a major puncture wound in his leg. It was deep and hard enough to chip his shin bone. DH said that he had never experienced pain before like he did with that wound. The dog was not on a leash at all and the fence to his owner's yard was not closed. When this happened, the dog's owner was outside as well. She was knowingly not containing or controlling her dog at all.

Here's the kicker....

This dog is a 140 pound type of German Shepard that is BRED FOR PROTECTION. And the woman that owns the dog knew this and BOUGHT THE DOG FOR THE EXPRESS PURPOSE OF PROTECTION FROM HER EX-HUSBAND (she told this to my DH at the time of the indicent). Furthermore, when the dog ran out, chased my DH down, and bit him, THE WOMAN RAN INTO HER HOUSE AND LEFT MY DH TO DEAL WITH THE DOG HIMSELF. Fortunately, he managed to get his bike (a $6000 bike mind you) between him and the dog and pressed the dog down onto the street and sat on the bike while he called 911/Animal Control from his cell phone.

I think that if anyone has just cause for getting a boat load from this IDIOT WOMAN who should not own any animal of any kind, it was us. Alas, our medical insurance got enough to cover their costs and we got a pittance from her insurance company.

 

[allison443]

A few comments:

This was a little girl on a door-to-door fundraiser, not a kid just cutting across the yard. Labeling her a trespasser.

The person that owns the dog should no longer consider the dog to be safe. If it was my dog, I would have it put down.

As for the greedy father trying to profit from his daughter's pain...

Well, if they are in a state that allows the so-called "one free bite" they have now used that up. Any future incidents would be automatic liability on the homeowner.
I agree that labeling the kid a "trespasser" is questionable. It is foreseeable that random people might approach your front door for various reasons. It's not like the dog was in a fenced off, locked backyard where no one could get access.

I agree about the greedy father as well

 

[allison443]

I think that if anyone has just cause for getting a boat load from this IDIOT WOMAN who should not own any animal of any kind, it was us. Alas, our medical insurance got enough to cover their costs and we got a pittance from her insurance company.

Did you have a lawsuit? Why wasn't it successful? Just curious, don't feel compelled to answer.

 

[FireDancer]

If someone is careless and unintentionally causes an accident, you don't think that someone who is injured should be able to sue for their injuries? That is the entire basis of our liability insurance system.

I think they should be able to sue for their injuries, I think most people would agree to that. It is the way some people over reach.

For example, in this case they parents should be able to sue for the actual cost of the ER visit and if it required them to leave work to take her to the ER an additional amount equal to the lost wages for the day. Nothing more.

If the ER bill is $500 and the parent lost out on 4 hours of work at a rate of $25/hour they are entitled to $600. If they sue for $10,000 that is a problem.

 

[allison443]

I think they should be able to sue for their injuries, I think most people would agree to that. It is the way some people over reach.

For example, in this case they parents should be able to sue for the actual cost of the ER visit and if it required them to leave work to take her to the ER an additional amount equal to the lost wages for the day. Nothing more.

If the ER bill is $500 and the parent lost out on 4 hours of work at a rate of $25/hour they are entitled to $600. If they sue for $10,000 that is a problem.

I agree, but the poster I quoted was talking about people not being able to recover if their injuries were caused unintentionally, in an accident.

 

[iwrbnd]

If someone is careless and unintentionally causes an accident, you don't think that someone who is injured should be able to sue for their injuries? That is the entire basis of our liability insurance system.

I personally wouldn't sue for an unintentional accident. Accidents happen and I shouldn't get rich off of it. If the person did something on purpose/willful or so careless they should have known better then that's another story.

For example, my son has autism and I ate tuna every day when I was pregnant because I didn't know about the mercury danger. Now if it turned out that mercury in tuna does in fact cause autism in fetuses I wouldn't sue if the tuna industry didn't know. However, if I found out they knew before hand and covered it up then that's fair game! Does that make sense?

This man had a dog. She walked on his property and got bit. I don't see a reason for the little girls family to make a fortune out of this. All dogs have the potential to bite. Should we all get rid of our dogs? I got bit when I was a little girl. You know what I was thinking at the doctors? I was thinking I shouldn't have cut through their lawn!

If this man knew his dog was vicious because it had bit before then that is another story. Was it running loose or did it get out through the front door? There are a lot of things I don't know. My son was a paper boy and got bit once. It never even crossed our minds to sue!

 

[FergieTCat]

If someone is careless and unintentionally causes an accident, you don't think that someone who is injured should be able to sue for their injuries? That is the entire basis of our liability insurance system.

Is "someone" the same person in both cases? Am I reading your sentence to mean "If Joe is careless and unintentionally causes an accident, you don't think that Joe should be able to sue for his injuries?"

No, I don't think Joe deserves extra compensation for his injuries, since he's the one who was careless and unintentionally injured himself. He might deserve to be reimbursed for his medical expenses (maybe) but he certainly doesn't deserve anything extra.