Pet Forum

A a general rule of thumb, the liability in a dog bite case rests with the owner of the dog. The injured party that suffers from a dog bite is usually entitled to damages that compensate her for her injuries sustained. Of course the exact dog bite laws for liability and damages varies by state, but this is just meant to act as a general reference.



In most dog-bite situations, the dog owner's homeowner's insurance policy pays for the injuries sustained in the event of a dog bite. Each year, dog bites account for nearly 1/3 of all homeowner's liability claims.


Dog owners are charged with the legal responsibility for their dog's behavior. In most dog-bite cases, the dog's owner will be required to pay all medical bills and lost wages resulting from a dog-bite/attack event. Sometimes, the dog's "keeper," or the person who was taking care of the dog at the time of the attack may be held legally responsible to the dog bite victim.


The types of damages recoverable typically include the following:


(i) Past, present and future medical expenses, which can be quite expensive, especially if the victim has permanent scarring as a result of the attack/bite.
(iii) Lost income from work
(iv) Pain & suffering.
(v) Emotional/mental injuries.
(vi) Property damage.
(vii) Disfigurement/scarring. Scars can be a serious, permanent result of a dog bite. Children are particularly susceptible to bites on or around the head and facial areas. Scars are more than just the physical injury-they can also result in emotional injuries such as psot-traumatic stress and lingering fear of dogs/animals. Scars may require additional plastic surgery which may need to be delayed until after the scar matures, which is typically about 1 year after the dog bite/attack incident. In the case of a young child, plastic surgery may have to be postponed until the child stops growing.



If you have any questions about determining exactly what a dog bite claim or case is worth, feel free to ask here. If you have been the victim of a dog bite, consult a personal injury attorney. If your dog has bitten someone else, contact a defense attorney and your insurance company.

thx... I needed that info!

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If your dog is on its own property within its electric fence and another dog off leash rushes onto your property, and the first dog bites the off leash dog, who is responsible?

We do have leash laws here.

The owner of the dog with no leash that crossed into your property is responsible for all damages.

Good luck!!

Thank you. I don't think that will stop her from taking me to court. It is bad enough my poor dog is on 10 day home confinement and she keeps reporting things to the county animal control regarding my activities in the yard with the dog. So far the county has ok'd my activities on my property.

I think this is turning into a stalking case!

Admin was correct, in general. if you need a particular answer, consult with an attorney in your area.

Having said that, your situation is really not that uncommon.

When her dog crossed into your yard, did he cause any damages to your property or dog?

do you have a sign warning that your property is private property, and that you have a dog on it? This makes a difference in the law in some regions.

I wish you the best!

Glenn

We, dog lovers should know in the first place what our responsibilities before deciding to have one at home. I believe that all pet owners are kindhearted and will not runaway from any responsibilities Let us carefully watch over our pets to avoid any catastrophe. To all the pet owners, keep doing the good thing you started.

Hi,
Actually we have a prominent sign on our mailbox indicating that we have the electric fence and it is called "Dogwatch". I don't think that makes any difference, since the neighbors dog cannot read! We live in a subdivision so it is obvious as to the private property. This is not a rural location.

The dog bolted from its house across the street and bee lined for my dog who was standing with my husband about 80 feet from the property line. It jumped for my dog and my dog grabbed her rear in her mouth. My dog has an extremely thick undercoat which I believe prevented her from punture wounds. Actually, we never even looked to see if she had any and never saw the other dog bleeding or anything. The scuffle was broken up and that was that, or so we thought. The next morning the neighbor wanted us to pay vet bills.



A day later, we received a call from the county putting our dog on 10 day home confinement. Since that day, I have received calls from the county questioning me about reports by the other neighbor about how I was confining my dog. So far I have been ok'd.

I did see the other dog happily riding in its owners car, up on its back legs, front legs by the window 2 days later.

The at large dog was only 5 - 10 lbs. My dog is 30 lbs.

I asked about the signs because in many states having signs warning of a dog on your private property can help to shield you from any liability if a trespasser is bitten on your property. Does that make sense?

Now I see where you are coming from. Basically the dog jumped yours and lost the battle.

Is your county threatening any actions? What is the county accusing you of??

Forget paying your neighbor's vet bill. I would send her one of my own to pay.

As the other dog was the aggressor, entered onto your property, and was not on a leash (as your laws require, right?), I just don't see how there could be any legal basis to hold you at fault. It sounds to me like the neighbor is just trying to harass you.

Good luck!

I was walking my dog on leash.
Neighbor's dog (who knows me and is a friendly dog) runs off her property.
Dog I am walking does not know this other dog and needs to be introduced gradually to other dogs.
Neighbor's dog does not stop (i expected the dog to stop when she saw my dog) and my dog grabs her.

I paid half of the deposit of the emergency bill and loaned the owner the other half. she will not pay and so i took her to small claims court. she countersued for all the vet bills.

Judge has thrown out my claim that she owes me the money since it was a verbal agreement and he doesnt know who to believe.

He is giving lots of credence to her counterclaim. He threw out my evidence of Animal Control report saying her dog was cause and her dog provoked the attack due to her dog being "at large" -- our county has a leash law.

She is using (Florida) FS 767 which is a tort strict liability statute saying owners of dogs are liable for any damage (provokation not an issue).

I said to judge, if her dog ran off her property and was hit by car, would the driver be liable. judge replies if the driver was swerving, then maybe. i said i am not like a swerving driver, i was walking my dog on leash. my dog is larger than other dog and so basically 'won' the fight (my dog had no injuries). when i said i am not like swerving driver, judge said HE will determine that.

Not knowing about the strict liability statute that FL has, i said when an owners dog runs off property then whatever happens to that dog is the owner of that dog responsibility.

Judge said "dont suppose you have any case law supporting that".

of course i did not.

Judge is in decision mode and may decide any moment. Our trial ended 12/9/08 and he said expect a letter with his decision in about a week. He has not yet decided.

I am hoping to get some case law and have a friend send it to judge in a letter. anyone know of any case law where a dog at large (unlawfully) was injured while off leash and it turned out the owner of the injured dog was liable for injuries.

Basically, i am being penalized cause my dog is bigger and stronger than her dog. The statute seems a bit unfair, since this could happen again!! i mean what are we supposed to do while walking our dogs when approached by a dog off leash? Owner was there but could not control her dog and so dog kept running toward me and my dog. (I was yelling NO but that probably alarmed my dog... )

thanks, i am desperate so i will look at any case law that may be applicable.