Is a dog owner liable for a slip and fall injury caused by their dog?

Question

I went for a hike in a state park with a friend. Her dog ran behind me the leash cut across the back of my knees, knock me down. I fell and broke my arm. I went to the emergency room and had to have emergency surgery and spend one night in the hospital. Should the dog owners cover the bills?

Timothy Klisz · Answer

Yes, this is a good potential case.

Barry Rabovsky · Answer

You may have a case, based upon the information that you have supplied.

Lyle Masnikoff · Answer

Maybe.  Need a little more details but the owners should be first to look at.

Vincent Bernabei · Answer

The dog owner may be liable for your injuries.  You should contact an attorney.

Jeffrey Wittenbrink · Answer

A dog owner may not be liable for a slip and fall injury caused by their dog. In a similar case an elderly woman was injured at her friend's home when she tripped over a cat that belonged to her friend. The cat had rubbed up against her ankles and managed to trip her. The court ruled that the woman has assumed the risk of the cat's normal behavior when she went to the home.  The question is, was the owner negligent in any way? The law requires that a dog be on a leash, but not that the owner has complete control of the dog at all times. If you went on the hike with your friend and her dog you may have assumed the risk of normal dog behavior.

Mark Leonardo · Answer

This is an interesting fact pattern.  Do you really want to sue your friend for this incident?  Technically speaking she probably is responsible and should pay the bills.

Sam Louis Levine · Answer

Maybe.  You need to call an attorney in your state to provide greater detail.  Good luck!

Jonathan Groth · Answer

Dog owners have a duty to keep control of their dogs.  I have tried dog bite cases before juries in Wisconsin and find that people understand that owners of dogs must keep them under control.

David Stoddard · Answer

The dog owner is probably not liable.  You would have to show that the owner was negligent, and this appears to be the type accident that could occur despite the dog owner exercising adequate due care for others.  However, what acts or omissions  constitute negligence is a question for the jury, and reasonable minds might differ in this case.

James Kelaher · Answer

Yes, a dog owner would be liable under that scenario. Contact a local personal injury lawyer to handle that for you;  the dog owner's homeowner's insurance will probably cover it.

Lawrence Ramunno · Answer

Yes, the owner would be liable for medical expenses, lost wages, as well as,   pain and suffering.

Bernard Huff · Answer

Please contact and consult with a personal injury attorney regarding the dog attack and your resulting injuries.

Paul Whitfield · Answer

If the owners were negligent, yes. If their dog had a vicious propensity, yes. Check with their homeowners insurance co.

Jared Altman · Answer

If the dog owner was negligent, then yes, you can sue. And you have an injury thats definitely worth looking into. Did the dog run behind you other times and you cautioned her about it? Was the dog overly rambunctious and she knew it and did nothing about? Like that is how you can show that she was negligent.

William Allen · Answer

Yes, the dog owner could be responsible through the dog owner's homeowner's insurance policy if the dog owner was careless in allowing the dog to run behind you.

Paul Bovarnick · Answer

Yes.  If the dog owner negligently failed to control their dog, then they may be liable to you for the damage you suffered, including economic losses and non-economic losses, like pain or the loss of enjoyment of parts of your life.

Joseph Lipsky · Answer

Florida has a specific statute which provides that the owner of a dog is liable for "damage" caused by the dog.  But it is necessary to determine if the dog's owner has adequate liability insurance, as many such policy has specific exclusions for personal injuries caused by animals, such as dogs.  This is the precise reason you should consult with an experienced personal injury attorney.

Timothy Riley · Answer

Generally, the owner of the dog could only be held liable if she was negligent in handling the dog.  You would also have to prove that the negligent handling of the dog was the reason you fell.  In short, liability sounds very unlikely as you have described the event.

Garrett S. Handy · Answer

Yes, under some circumstances, a dog owner will be liable for injuries caused by his/her dog.  You likely have claims for strict liability and perhaps  negligence (as I assume the dog owner was holding the leash).  You may be able to make a claim against the dog owners home owners insurance policy.  You should contact a personal injury lawyer to help you with this.

Gregory Casale · Answer

I would certainly explore the claim. If someone else's negligence causes your injury, they are liable, with some exceptions.

Travis Prestwich · Answer

It is possible that the dog owners could be liable.  However, you would have to show that they were negligent in controlling the dog in some way.  Sometimes situations simply are accidents that are non-compensable.

Thomas Patton · Answer

I am sorry about your injuries. Yes, in my opinion, you have a good case. I believe the dog owner is liable for your injuries. The dog owner negligently failed to control the dog.   In addition to your medical bills, you should also receive compensation for your pain and suffering. The pain and suffering compensation is usually the largest part of overall compensation. You should contact a local attorney for a consultation.

Josh Lamborn · Answer

You certainly have a claim against the dog owner for her negligent handling of her dog.  I would want to know what assets this person has to pay for such a claim.  Will her homeowner's insurance cover it, etc.?

Steven Fink · Answer

She is responsible for controlling her dog.  You should win a lawsuit and get your medical costs and other damages covered.

Francis Paul Hajek · Answer

If a personal injury is caused by the failure of a dog owner to control their pet while it is on a leash, you may have a claim under Virginia law. I think that the owner should be responsible for your bills.  The dog owner may have insurance that will assist her in paying your bills.  You should put all the bills together in a package along with the medical records and provide them to the owner.  If the bills are not paid in a reasonable amount of time, you can file a claim on your own or you may want to seek the assistance of a personal injury lawyer.

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