Legal eagles, how does it usually go when somebody’s dog attacks you—as far as suing the owner?

[raccoon]

(This thread made me think of this
http://www.democraticunderground.com/?com=view_post&forum=1002&pid=2797705)

As one who was attacked as a preschool child by a vicious dog, this triggers me. This was back in the not-so-fabulous fifties when alcoholic parents drove with their kids in the car to replenish their supply of booze. I have the scar on my elbow to remember the incident by.

I have always thought, if a dog ever attacks me again, I will sue the owner’s drawers off. If they have anything.

Anyone have experience with something like this?

[el_bryanto]

1. Well you might get to get the dog put down as a public menace

Don't know if that is what you are going for.

Bryant

[Laelth]

2. The law on this subject varies considerably by state and local jurisdiction.

As always, when in doubt, consult a local attorney.

Here in GA, the general rule is that every dog gets one free bite. I.e. an owner is immune from suit if he or she has no reason to know that their dog has violent propensities. If the owner knows or should know that the dog has violent propensities (usually proven by the fact that the dog has bitten someone before), then a viable suit against the owner is possible (but you are right to suggest that it is useless to sue a defendant with no assets unless the owner's homeowner's insurance policy might cover the injury, and in most jurisdictions you need to see the actual insurance policy in order to make that determination.

Now, here's the wrinkle. In GA, if the bite occurs in a jurisdiction that has a leash law (a law that says it's illegal to have a dog on public property without a leash, and if the bite occurs on public property), and if the dog is not on a leash when the bite occurs, the one bite rule no longer applies, and the owner can be viably sued for the injury even if the owner does not have reason to know that the dog has violent propensities. This is the exact reason that some jurisdictions have passed leash laws. Even so, one must determine whether or not the defendant is judgment proof (i.e. no assets and no covering insurance) before filing suit would be useful.

That's what I can tell you, but, again, I must advise you to consult an attorney in your jurisdiction.

-Laelth

[LWolf]

3. Are you planning to be attacked by a vicious dog?

I grew up a decade later than you. Still, in an era where dogs ran loose, leash laws, if they existed, were often ignored, and it was common to meet loose dogs with no owner present. I guess I was lucky. The only "vicious" dogs I met were a great Pyrenees and a malamute that were kept sequestered by their owners because they WOULD bite non-family members. And, much later in adulthood, a chow that I considered untrustworthy, although he never bit me.

3 out of so many in my 53 years; am I just lucky, or are the incidence of "vicious" dogs just that small?

Maybe the percentage of vicious people who keep dogs has risen?

[byeya]

4. It goes by local ordance in most states. Where I live there's a leash law. If a dog is unleashed

the animal control officer grabs it and takes it to the pound, notifies the owner who has to pay a fine to get the dog back.
Also here, if you are bitten by a dog, you call the ACO and he takes the dog to quarantine and cites the owner. All costs are borne by the owner of the biting dog. When the owner pays his fine, or is found guilty if he demands a trial, that's when you sue. You will win your case for damages and "pain and suffering" if the judge and/or jury buys it.
Wait for the criminal part to be over before you sue. In most places you have 2 years from the incident; other places, 1 year.

[hlthe2b]

5. No excuse for an unleashed dog...

That said, young dogs will occasionally get away from even the most conscientious owner during that early training period.

I empathize greatly with your past experience, but I hope you aren't like some I have recently encountered who have developed such a hypersensitivity and fear of dogs such that even an exuberant puppy's bouncing jump up on you would be construed as an "attack". Or a herding dog excitedly nipping at the heels of another dog would be taken as an aggressive gesture. Or that your defensive posture when any dog is around you is so pronounced that the dog interprets your own behavior as highly aggressive and threatening.

Please don't misunderstand. You are in the absolute right as far as these irresponsible owners that fail to leash and train their dogs. But, I have increasingly encountered those whose fear has kept them from developing any understanding whatsoever about dog behavior. Sadly, that is the flip side of the equation.

i know when I am out with my well trained 10 mo old. pup, I never fail to put her in a sit when young children approach, wanting to pet. I applaud parents who teach young kids how to appropriately and safely approach dogs who they do not know and I will do everything I can--every time--to help. And, likewise, I will gladly excoriate the irresponsible dog owner whose failures put both dog and people at risk.

[raccoon]

7. Thanks for your understanding response. No, I'm not dog-phobic. Some dogs are OK.

Maybe most dogs are OK. One of my boyfriends had a golden-brown Chihuahua that I loved a lot.

[nessa]

6. My parents were sued over a dog bite and their homeowners insurance paid out $25,000

The dog was chained in their back yard. A neighbor came through the yard and the dog bit him. He was a neighbor that came over all the time. They told him to use the front door when the dog was out. He did not. He was elderly and fell when the dog bit him. He was hospitalized for a day or so. They gave the dog away after that.

[Poll_Blind]

8. AFAIK, all of this would get started off by filing a criminal complaint.

I mean, I guess one could approach a lawyer and have them initiate the process of suing the owner like that or whatever but in a situation where a crime has been committed (AFAIK), everything starts with a criminal complaint.

Usually this can be initiated by contacting an officer of the peace or I think it's technically possible to file a criminal complaint and a judge will review it directly. Anyone wishing to file a criminal complaint should have as much evidence as possible gathered together before doing so. That kind of goes without saying but...

PB