Being sued for a dog attack...but it was not our dog.

[MommyTo1Boy]

Virginia.


About 8 or 9 years ago, my best friend was over at my house. She was 11 or 12 at the time and I was 13. She came over before my mom got home from work and when my mom and her friend walked in and my moms friend has his dog with him... my friend went running towards my mom and the dog attacked her. He bit her right in the vaginal area and she had to go to the hospital..my mom went with her because the girls mother was no where to be found. The next day my mom went over there and helped change her bandages and such.. we thought everything was okay... then a few days later I called her because well she was my best friend, only for her mother to tell me never to call her again. Then her mother sent the Local news to my moms house claiming that my mom LET the dog attack her then laughed and was petting the dog after wards...which totally did not happen! My mom FREAKED and called 911. Her mother wouldnt know that because, once again, she was no where to be found.

Well tonight my mom got a summons to appeal. It was sent to her LANDLORDS address... so her landlords are the one who got it. It was not sent to my moms address. Apparently my ex best friend, is suing my mom for $50,000. Shes suing for things like mental issues, cant get a job because of the attack, and deformity or some thing... GET THIS..2 years after the incident she got pregnant and had a baby at 14... uhm...sounds like it didn't affect her too much then now did it? ALSO it was NOT our dog. It was my moms friends dog. He had the dog with him when he came over and the dog was registered in his name it was HIS DOG. He ended up having the dog put down because of what happened, which i agree with. It did attack a child...

but this all happened over 8 years ago! It was not our dog, her mom was no where to be found..how is it my mom can get sued? The mother is a sue freak. She tries to sue EVERYONE. Now my friend is over 18 and is suing under her name..not her moms.

I dont get it... I dont get how this can happen. Now my mom has to get a lawyer and such... and she has less than two weeks to do it because thats when the appeal is. They said on the paper she has 21 days [after the post marked day] to appeal..well it was marked spet 2...she got it on the 9th!

I was there soo if we have to go to court I will be there. Im just soo nervous.. 8 years ago... It wasnt even my moms fault! They have not even tried to sue the guy who OWNED the dog and had it registered in his name!!

Any advice? I'm really nervous for my mother and I cant sleep.

[ecmst12]

The dog had your mom's permission to be in the house, and it happened in your house. If the owner of the dog is not being sued, I'd guess it's because they couldn't find him. If your mom had renters insurance at the time, they will provide for her defense and pay any judgement ordered (or settle if appropriate).

In many states, the statute of limitations when the injured party is a child, does not start running until the child turns 18, hence why all this can happen so many years later.

[JETX]

Originally Posted by MommyTo1Boy

Any advice? I'm really nervous for my mother and I cant sleep.

Clearly, this issue is not going to go away on its own and, if not handled, will likely get to a large judgment against her. There are several possible defenses that might be available. For that reason (and others as mentioned before me), your mother needs to contact a local attorney who can review ALL the facts (without emotion) and determine whether she has any liability and what actions she should consider.

[thinktank03]

Originally Posted by MommyTo1Boy

Virginia.


About 8 or 9 years ago, my best friend was over at my house. She was 11 or 12 at the time and I was 13. She came over before my mom got home from work and when my mom and her friend walked in and my moms friend has his dog with him... my friend went running towards my mom and the dog attacked her. He bit her right in the vaginal area and she had to go to the hospital..my mom went with her because the girls mother was no where to be found. The next day my mom went over there and helped change her bandages and such.. we thought everything was okay... then a few days later I called her because well she was my best friend, only for her mother to tell me never to call her again. Then her mother sent the Local news to my moms house claiming that my mom LET the dog attack her then laughed and was petting the dog after wards...which totally did not happen! My mom FREAKED and called 911. Her mother wouldnt know that because, once again, she was no where to be found.

Well tonight my mom got a summons to appeal. It was sent to her LANDLORDS address... so her landlords are the one who got it. It was not sent to my moms address. Apparently my ex best friend, is suing my mom for $50,000. Shes suing for things like mental issues, cant get a job because of the attack, and deformity or some thing... GET THIS..2 years after the incident she got pregnant and had a baby at 14... uhm...sounds like it didn't affect her too much then now did it? ALSO it was NOT our dog. It was my moms friends dog. He had the dog with him when he came over and the dog was registered in his name it was HIS DOG. He ended up having the dog put down because of what happened, which i agree with. It did attack a child...

but this all happened over 8 years ago! It was not our dog, her mom was no where to be found..how is it my mom can get sued? The mother is a sue freak. She tries to sue EVERYONE. Now my friend is over 18 and is suing under her name..not her moms.

I dont get it... I dont get how this can happen. Now my mom has to get a lawyer and such... and she has less than two weeks to do it because thats when the appeal is. They said on the paper she has 21 days [after the post marked day] to appeal..well it was marked spet 2...she got it on the 9th!

I was there soo if we have to go to court I will be there. Im just soo nervous.. 8 years ago... It wasnt even my moms fault! They have not even tried to sue the guy who OWNED the dog and had it registered in his name!!

Any advice? I'm really nervous for my mother and I cant sleep.

Whether or not the dogs owner could not be contacted does not mean you sue someone else. The only reason your mom can be sued is because it was on her property. I don't think she is directly responsible. But I would make sure your mom gets an attorney so you can fight this. Does your mom not speak to that friend anymore?

[Zigner]

Originally Posted by thinktank03

Whether or not the dogs owner could not be contacted does not mean you sue someone else.

Sure it does - the victim has the right to choose who gets sued in this case.

[ecmst12]

The dog and owner were invited guests on the property. The property owner (or resident, since it seems mom was renting) can easily be found liable for the actions of her guests.

I really, really hope there was insurance in place at the time of the attack.

[MommyTo1Boy]

Thank you everyone for you advice... Yes my mom allowed the dog to be there, but here is my next question, My mom had no idea my friend was over until my friend went running at her. My friend did not have permission to be over [but as young girls at the time we didn't pay attention to that]. I understand yall are saying that my mom allowed the dog to be on the proprty..BUT she didnt allow my friend. My mom is DEF talking to a lawyer and in my opinion the girl suing is just out to make a quick buck...her family is known for being on the white trash side and being sue-happy.

[ecmst12]

YOU gave your friend permission to be in the house. You lived there, you can do that. Even though you were a minor. She was not trespassing.

You didn't answer whether your mom had insurance.

[MommyTo1Boy]

Oh I have no idea whether she had renters insurance or not. Like I said it was over 8 years ago. I know now a days here you HAVE to have renters insurance but back then..no idea! I will have to ask when I talk to her.

Also, In regards to the other question, no my mom does not speak to that friend anymore...but since a report had to be filed when the dog attacked her the courts could easily bring it up and find out his name and information.

Like I said before she is out to get an easy buck. We will def be giving my moms lawyer the name of the man who owned the dog and any other information we have.

[ecmst12]

Well, try to give her the benefit of the doubt at least. She could really be deformed "down there" even though she was able to conceive and give birth, that doesn't mean she doesn't have residual pain or scarring. Her nerve function could be damaged, which wouldn't stop her from having children but would definitely interfere with her sexual enjoyment...which is a big deal if you ask me. You don't know how serious her injuries were or what kind of permanent damage she has, and if I'd had my ability to feel pleasure diminished or destroyed before I was ever old enough to appreciate it, I'd be pretty pissed too.