Can my neighbors sue me if my dog bit their child?

Question

My kids and the neighbors kid were playing in my yard. I didn't know he was out there, but he's scared of the dog. I was getting ready to walk my dog, so I put on the leash. When I walked out, I yelled "Snowballs  Coming " and walked out. I have an american eskimo, which is a watchdog. She is a lovely dog, but hates fighting. The neighbors kid pushed my kid, and the dog charged and bit him. I pulled her away right after. It left a small bruise(no bleeding) and a couple teeth marks. Now, they want to sue. I told them I'd pay the hospital bills, but they still want to sue. Will I lose this case?

Irving Blank · Answer

How old was the child?  Has your dog ever bit a child before?  Does your locality have a leash law?  Do you have homeowner's insurance?  These questions have to be answered before anyone can give you an answer.

William Quitmeier · Answer

Yes.

James Kelaher · Answer

Under Florida law, a dog owner is strictly liable if the owner's dog bites another person. The only defense to that case is if they have a "Bad Dog" sign posted or if the person provoked the dog. If the kid pushed your dog, that certainly could be raised as a defense to the claim, as that could be provoking the dog. Just call your homeowner's insurance company and report the claim to them and let them worry about it.

Jared Altman · Answer

We have have the "one free bite" rule in Nee York. You're not liable unless you knew or should have k own that your dog had vicious propensities.

Dean Esposito · Answer

You are responsible for the actions of your animals. The parents will sue you on  behalf of their minor child for the medical bills and personal injuries  sustained, if any.

Daniel J. Pingelton · Answer

Your homeowners insurance will probably cover it.

Ronald Anderson · Answer

Dog owners in Iowa are usually strictly liable for damages that their dogs do.  Therefore your neighbor likely could bring a claim for damages as a result of your dog's actions.  If you have insurance you should turn this matter over to your insurance company.

Paul Whitfield · Answer

If your dog is a vicious dog you may have liability. If the dog was antagonized by the kid who was bit you should be OK> is not a big matter. If you have homeowners or a general liability policy or an umbrella of some kind, tell your agent and let the insurance deal with it.

Timothy Klisz · Answer

Yes, you will.  The dog bite statute is strict liability except for  provcation.  Just turn it over to your homeowners insurance and they  will defend and settle the case for you.  If you don't have homeowners,  you will need an attorney.

Bernard Huff · Answer

Yes, your neighbor can if you were negligent in not having your dog on a leash  when the neighbor's kid was on your premises. You should consult with an  attorney who handles dog bite cases.

davida francis · Answer

The short answer is yes, the neighbors can sue.  Like any personal injury case, the plaintiff must prove that the dog owner 1) had a duty to keep the dog under control, 2) that the owner failed to keep the dog under control, 3) that the dog, and the owner's failure to control the dog, was the cause of the plaintiff's injury, and 4) that the injury resulted in damages (usually in the way of medical expenses, scarring, fear, anxiety, pain and suffering, etc).  Also, it appears that the owner knew (as in: had prior notice of) the dog's propensity to attack if it saw an altercation of any kind.  This will work against the dog owner.  Hopefully, the dog owner has Homeowner's Insurance, or if a renter, the landlord has Insurance.  If so, and unless the policy specifically excludes coverage for dog bites, the insurance carrier should provide an attorney to defend the dog owner in the event he/she is sued.  Dog bites that produce scars on children generally prove to be valuable cases in terms of settlement agreements. The dog owner should talk to his/her Insurance company and consult the Homeowner's policy.

Christopher D. Morris · Answer

Yes you can be sued for injuries caused by your pet.  This case would be covered under your homeowners insurance policy or a renter's insurance policy.  You should contact your insurance agent right away and give them all the details.

Bradley Cornett · Answer

You should consider putting your homeowners insurance carrier on notice of the potential claim.

Eric Haag · Answer

If you have homeowners insurance, this incident is almost sure to be covered by your insurance policy.  You should notify your agent or the company immediately.  The victim will have a very strong case because this is a case of "strict liability."  The insurance company should pay the claim or defend the claim at no cost to you.

Gregory Crain · Answer

Yes they can sue.  Yes you could lose.

David Stoddard · Answer

You are liable for any damages.  If you own a home and have homeowner's insurance, your insurance should hire an attorney to defend any claim, and pay whatever is awarded.  Based on your description of the incident, it doesn't sound like they would get much more than the medical bills.

Michael Dungan · Answer

Unfortunately, the neighbors likely have a civil cause of action.  The laws governing dog bites are pretty stacked against dog owners.  However, the level of injury in this case sounds relatively minor, many lawyers would not represent the neighbors because it sounds like the case has low value.  If you are sued, turn the lawsuit over to your home owners insurance company, they will hire a lawyer for your, pay all costs, and settle the claim for whatever amount they think is appropriate.  The whole process should cost you nothing.

David Hibbert · Answer

Yes, they can file suit for damages, however, since the dog was in your yard and on the leash they may not prevail. Your homeowners insurance should be notified and allowed to handle the matter. I guess the real question is "How did the dog get to the child , which you knew to be "afraid", while you were controlling the dog on a leash?" There might be a claim for your failure to adequately control the dog , with or without a leash. Even though the child had no serious physical injury , a once simple fear has now been made very real by this episode of attack.

Donald Broad · Answer

Assuming you have homeowner's insurance with liability coverage, you should turn the claim over to them.  The insurance company will be obligated to hire an attorney to defend you, if you do get sued.  In addition, they will pay any judgment that is within their liability limits.  But generally, yes, the owner of a dog, in the circumstances you describe, will be liable for any damages the dog causes.

Mark Leonardo · Answer

California Civil Code Section 3342 provides in part:  (a) The owner of any dog is liable for the damages sufferedby any person who is bitten by the dog while in a public place orlawfully in a private place, including the property of the owner ofthe dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. A person is lawfully upon theprivate property of such owner within the meaning of this sectionwhen he is on such property in the performance of any duty imposedupon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property uponthe invitation, express or implied, of the owner.  As you can see, the statute is essentially one for strict liability it does not matter that the dog was protecting another child. I would not worry too much, however, because the damages are nominal.  You can be held liable for the damages sustained.  If there were no puncture wounds or stitches, what could this be worth? Not much. Offering to pay the medical bills is probably sufficient. Also note, that your homeowner's insurance would probably cover this. If you have a med-pay provision, it would cover any medical expenses for someone injured on your property, regardless of fault. So you can contact your insurance carrier about that.  Your deductible probably does not come into play on a med pay provision. I seriously doubt that any attorney would take their case on a contingency basis because the upside is so small, it's simply not worth a lawsuit.  One caveat would be if the parent observed the bite. If a relative observes harm to a relative, they can claim damages for negligent infliction of emotional distress. But again, this was not a mauling, there was no blood, and it sounds like it was not that big of a deal.

Patrick Donovan · Answer

Whether you win or lose depends on a variety of factors, including whether your dog has any history of attacking or biting people. Notify your property insurance carrier.  You should have coverage for this type of claim and they have a duty to defend you.

Michael Heilmann · Answer

There is no free bite rule in MI. You are strictly liable for the Bite in the absence of "provocation". Turn this into your home owner's insurance carrier if you have one.

Barry Regar · Answer

Short answer is yes.  The owner of a dog in Calilfornia is strictly liable for the bite under the facts of your case.  Your homeowners insurance policy should cover the claim assuming you own a home with liability insurance. The fact that the other kid pushed your child does not provide you with a defense to the liability imposed by the California dog bite statute.

Thomas Bulman · Answer

Yes. Contact your home insurance company or that of the landlord and let them deal with it.

Bruce Elliott Goodman · Answer

If you have homeowners' or renters' insurance you should refer this matter to your insurance company immediately as the same may be covered by your policy. If you do not have such insurance you should contact an attorney immediately regarding defending you if you are in fact sued by your neighbor.

Andrew Velonis · Answer

Notify your homeowner's insurance company right away.  They will investigate the case and defend you if you are sued.  But since the injuries were trivial, it is not worth bringing a lawsuit.

Russell Gray · Answer

In Utah, the owner or keeper of a dog is strictly liable for injuries  caused by the dog.  That means if your dog hurt someone, you are liable  for it.

Joel Blackledge · Answer

Yes, they can sue. It is impossible to predict success or victory based on the limited information. Your homeowner's insurance might provide coverage. Talk to your agent.

Steven A. Schwartz · Answer

There are strict liability laws in Massachusetts against dog owners or their handlers for any harm caused by a dog. Strict liability simply means that if certain criteria are met, the dog owner or its handler is responsible - regardless of whether he or she was personally at fault in any way. Even If the dog owner or handler had no reason to suspect that his or her dog could be a danger to others, he or she is still liable. What kind of proof do you need?  Under Massachusetts General Laws (Chapter 140, Section 155), the dog bite victim needs to show four things: * That the defendant is, in fact, the owner or handler of the dog * That the person who was injured by the dog was not trespassing or in the process of committing a crime. *That the injury victim was not teasing or tormenting the dog * And that the victim was, in fact, injured by the dog.

F. Andersen · Answer

Washington is a strict liability state for dog bites on your property. The only defense available is if the child provoked the dog. So you will likely lose. Your homeowners coverage typically will defend and pay any damages related to this matter. You should contact your homeowners insurance and inform them.

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