Anyone know my liability for a dog bite? A person, uninvited came to my door. I have signs posted to beware of dogs. My dog was in the fenced back yard, but got excited and jumped the gate and bit the person on the calf at the front door.I never knew my fat dog could even jump that height. The bite wasn't really serious, broken skin and teeth marks, but no permanent damage. The woman was reasonably understanding, but can she come back later and claim it caused her leg to wither, stock losses and a car crash?
Liability
- Thread starter Cock Throppled
- Start date
Had a friend with a similar story this summer in another province, and he was fined for not controlling his dog $135, that was the end of it. He did not have a sign, and his dog was tied to a tree while he was washing his car, but the dog just took a run at the neighbour, and broke the leash....
Neighbour doesn't walk on his lawn anymore....
Neighbour doesn't walk on his lawn anymore....
How the fuck is she trying to link her stock losses to your dog biting her. She sounds like either a fruit loop or a scammer. Your insurance company's lawyers would rip her to shreds if she claims that in court.Cock Throppled said:
As for the car accident if her injury was severe enough to impair her driving ability what was she doing driving. Tell the bitch she might want to reconsider this claim since if she was driving with a medical condition which impaired her ability to operate a motor vehicle she was breaking the law and it would invalidate her automobile insurance. Not only wouldn't she receive payment for damage to her vehicle she would be held liable for the damage to the other vehicle and any injuries that driver claims.
Any one can come back and make a claim - whether or not they succeed is another matter. From what you described, it may be more likely for any pain and suffering and medical costs, maybe lost wages if there was any time off work due to the injury. The responsibility would be on you to ensure the dog is locked away and secure. Check your insurance coverage as there is likely a deadline to report the incident even if there is no claim made by her.Cock Throppled said:
I wouldn't worry too much now CT,however if the dog ever bites again, you could have trouble because it "has a history...". You might want to look at a taller gate etc. (Due diligence and all!)
Good Luck! WS.
Good Luck! WS.
I thought it was worse if you had signs posted since you KNEW the dog was dangerous, otherwise you would not have posted the signs.
Hopefully, only one in every hundred people will see it that way. You do your due delligence and you get blame for it. What kind of a sick frigging world do we live in nowadays?tedsweettangv said:
BTW his sign says beware of dogs, not beware of dangerous dogs.
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Several factors at work here. What was her business coming to your door? Certain people have a right to trespass on your property such as letter carriers, meter readers, couriers, paper delivery, invited guests, etc. You must take steps to ensure their safety like shovelling snow, ensuring your steps are safe, dog's are chained. Others are considered "uninvited", like sales people or someone unknown to you, and they enter at their "own risk". If this occurrred on your property and this person was legitamitely "uninvited" then there is nothing to worry about. Your potential problem is the "Beware of Dog" sign. Some jurisdictions will take this as an admission that you are aware your dog poses a risk to the public and may hold you to a higher degree of safety/security than someone else. Take the sign down ASAP and hope she doesn't have a photo of it.Cock Throppled said:
If she required medical attention and this was reported, you may have to quarantine your dog for a period of time because of concerns about Rabies transmission. This is less of a problem if your dog is current on his shots.
One of the reasons I don't serve alcohol to clients is just for liability. A bottle of wine as a gift and a glass from it at the beginning of the session is okay but giving a guy a beer or two to loosen up just gives me the willies. Imagine what he could claim once he has left my place...
Sorry guys, it's just soft drinks or mineral water with me.
Sorry guys, it's just soft drinks or mineral water with me.
One thing she might do is make a report to the SPCA, then they'll come and get your side of the story. Worst case with SPCA is they will have a file on the "mongrel" and label him/her (the dog that is) a "vicious animal" and must be muzzled when outdoors. I know of a yorkshire terrier that is a "vicious animal".
Anyone can take you to court with a lawsuit. That the dog bit the woman outside your property could be enough for a judge to grant at least a partially favorable outcome to her, depending on what she claims her loss was. Nevertheless, it is unlikely that the judge would throw out this suit as frivolous as some tangible harm to her can be easily evidenced. You can claim no foreknowledge of owning a dangerous animal, but such claims are not so effective in a lawsuit as they would be in a criminal trial to show intent to harm. So that means in a lawsuit, that the animal is known to be dangerous or not known to be dangerous is basically immaterial... only that harm was caused to her as a result of your actions or negligence are. Your own personal losses could be paid for by your homeowner's insurance or any other insurance with the respective coverage, but chances are neither will cover such an incident.
As for your dog being put down, I hope that it is not a possibility. If she has not gone to animal control authorities with it yet, then the chance is smaller and smaller as the days go by that they will react in this way.
As for your dog being put down, I hope that it is not a possibility. If she has not gone to animal control authorities with it yet, then the chance is smaller and smaller as the days go by that they will react in this way.
Woman was a canvasser for a charity. For the record she has not asked for anything yet. I put hydrogen peroxide on the bite and offerred to pay for any clothing repairs and of course apologised. I always thought you had to have a sign telling people to beware of dogs. It isn't acknowledging owning a dangerous dog so much as a courtesy to alert people there may be a dog that could POSSIBLY bite or scare someone by barking. From what you guys are saying it's double jeopardy - if I have a sign asking people to be aware of the dog it means I know I have a bad dog, but if I don't have a sign I haven't taken precautions to alert people about a dog. I can't win.
If you have a sign then you're doing your part (regardless if it's a chihuahua or a pitbull), you're telling people to beware of your dog. If they cross over they should take some of the blame. But you did help her out so in her mind you're responsible and probably nothing will come out of it. But if you told her to get lost she'll go to the authorities. If the dog bites a postman be prepare for a visit as they are req'd to report all incidents no matter how nice you are (damn unions). Just make sure doggie has a license.
I saw on once that said 'This place is used for guard dog training' Now what thief would break in a place that has untrained dogs -goodlube said:
Liability is a twisted issue, now that you know the dog bites you would be wise to post signs. Knowledge of a dangous situation and not doing anything is negligent - they get you one way or another. Another thing to remember is its NOT IF the claim is successful it's the cost before going to court that will kill ya.
Knowledge of a dangerous situation or "negligence" has little to do with civil liability. In criminal cases, such knowledge or negligence does matter. But you ought to take into account that in civil cases, where the costs of defending oneself in court can also be quite high, the mere fact that you are the owner of the dog might be enough for a case.nube said:
