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Being Sued for Dog Bite

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MikeGearin

Junior Member
What is the name of your state (only U.S. law)?

Connecticut

My wife and I have 5 kids, 13, 10, twins that are 8 and a 5 year old. We have two dogs. A 2 year old English mastiff, and a 7 month old Tea-Cup Chiawa. About 3 months ago My 13 year old daughter’s friend had a friend of hers come over the house to get something in her room. Now this girl lives right up the street and is not a regular visitor of our house. I wasn’t home at the time but my understanding how things went down are this. She came in the house and my two dogs came to the door barking as normal. The large dog usually barks and then backs off as she is rather skidish of just about everyone. The chiawa will continue to bark but never touches anyone. She went up to my daughters room and came down about an hour later with the Chicawa in her hands. At that point she walked home by herself. Approximately 1-2 weeks later my daughter cam down the stairs and asked me if our Chiawa had his rabies shot. I said no, why? She said her friend was texting her asking for the paper work as she claims to have been bitten by him. I told her to have her father call me which he did. We spoke about it and he said, the dog bit her in the leg 1-2 weeks ago. He asked me why the dog didn’t have his rabies shot (Keeping in mind this is strictly and inside dog which we have had since birth) I told him that when we took him to the vet when we got him they said he was too young to get them and we hadn’t got him back there yet. I asked him why he waited so long to say something and he said that the bite was noticed by the doctor when she was taken for a flu shot. I said obviously it wasn’t anything too bad or it would have been addressed earlier then 2 weeks later. It started getting heated and I asked him how he could be so sure that it happened at my house since nothing was said for 1-2 weeks, in addition she said nothing to anyone when she was at my house and nothing when she got home to her house. He said he just knew. In addition she has 3 or 4 very active dogs of her own.
About an hour after the phone call the dog warden came to our house. He explained how she complained that she got bit once in the leg and that he didn’t go and look at it but we were to keep the dog under quarantine for I believe it was 3 weeks. Already being 1-2 weeks after the alleged incident we only had one week left which we followed. The week he was out of quarantine my daughter was taking him for a walk. Apparently the girl’s father tracked down the dog warden at a job he was on and complained how the dog was out. He informed him that the dog was out of quarantine and nothing could be done. He didn’t like that answer and went home. The next day when my daughter walked him again, the girl’s father again went to the dog wardens and complained. He was reminded about the dog being off of quarantine but he again didn’t like the answer and said he would do whatever nessacary to protect his daughter if he sees the chiwawa again.
Since then we received a letter from an attorney representing the girl indicating of the possible law suit and we were to send the information to the insurance company. Now at that point I understand how it works and if this information was giving to my home owners insurance company they would just settle the case without even investigating it as it would be a good financial decision, especially if they settle for a very low amount. I didn’t pass it to the insurance company, instead I called the attorney and explained the case and proceeded to tell them that I would not be reporting this. We heard nothing for about a month. Then last week we were served papers from a marshal which explained they were suing us for the incident for no less than $15,000.00. My concerns are as follows.
1. My understanding is if I file pro sae and fight this myself or even hire my own attorney and loose, my home owners insurance will not cover the suit.
2. If I give this information to my insurance company they will offer a settlement. I’m sure will be a very small fraction of the $15,000.00 probably below $2000.00 but my thoughts are that this is the bluff from her attorney in hopes to get paid without going to court.
 


justalayman

Senior Member
Do you mean chihuahua?


was the child in your house without any residents also there? If so, is this typical? While in the house, if there were others, apparently there was no complaint of a dog bit while there, correct?

1. My understanding is if I file pro sae and fight this myself or even hire my own attorney and loose, my home owners insurance will not cover the suit.
correct

2. If I give this information to my insurance company they will offer a settlement. I’m sure will be a very small fraction of the $15,000.00 probably below $2000.00 but my thoughts are that this is the bluff from her attorney in hopes to get paid without going to court.
that is something your insurance company would have to decide.


Personally, unless there was some notice of a bite nearly immediately after the bite, there is no way to prove your dog did it. I do not see this as a winner for the girl's family unless there is more not told here.
 

ecmst12

Senior Member
If your insurance company finds that they have no evidence to support their case, they will fight it, or offer to pay only actual medical bill cost under your "medical payments to others" coverage (a no-fault coverage). This is why you have insurance. Let them do their job.
 

MikeGearin

Junior Member
No the child wasnt alone, My wife was there, all my kids were there as well and YES, no one at the time and not for at least 1-2 weeks after the fact reported it to us.


I understand my insurance will pay I just see this as being a friveless law suit which was not at fault by us in any means and why should my insurance pay for this and why should I suffer from it, including possibly my insurance rates going up or even just having the claim on my policy.

All the information is correct in addition even the Dog Warden thinks this is crap. They reported this to the dog warden as a single bite on her leg and she reported to her attorney as 4 bites, 1 on her foot, 1 on her ankle, 1 on her leg and 1 on her thigh. Not sure how this dog a. bit through her shoes and b. bit her on the thigh when the dog is only 7 inches tall and the alged bite happened when she "walked" in the door




In addition I had an attorney tell me I have to turn this over to my insurance company and that I am in breach of contract with the insurance company by not doing so. I also stand to loose everything. No this wasnt the girls attorney who told me this.
 
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divona2000

Senior Member
...7 month old Tea-Cup Chiawa....daughter’s friend had a friend of hers come over the house...Approximately 1-2 weeks later my daughter cam down the stairs and asked me if our Chiawa had his rabies shot. I said no...her friend was texting her asking for the paper work...her father...he said, the dog bit her in the leg 1-2 weeks ago...I asked him why he waited so long to say something and he said that the bite was noticed by the doctor when she was taken for a flu shot. I said obviously it wasn’t anything too bad or it would have been addressed earlier then 2 weeks later.
Apparently the girl's parents were not overly concerned at the time of this alleged biting, or they would have demanded rabies vaccine proof/had her treated for the possibility of rabies infection immediately.
While very unlikely that your pup could have been a rabies carrier, it is a nearly always fatal disease.
Pups usually receive their first rabies vaccine between 12 and 26 weeks old. At 7 month yours was past that age. While laws vary by area, the rabies vaccine is a legal requirement.
"...we hadn’t got him back there yet..." is a lousy excuse.

... I also stand to loose everything...
You have an unvaccinated, unlicensed dog. If pup had had rabies, if pup had in fact been the biter, the girl might have died. "everything" might have been just the beginning of the losses.
 

KermieB

Junior Member
I'll pass on a little bit of information that I learned from my insurance company.

My daughter had a fender bender once and it so gentle that it didn't even leave a mark of any type on her Mustang. I saw the other car and the only damage was a dented hubcap. They called the police, nobody got a ticket, just an incident report. We never heard from anyone, and assumed it was just a closed case. About a year later while talking to my agent, I discovered that the other girl in the incident worked for a Chiropractor and had filed a claim against my insurance company claiming to be hurt and seeking medical treatment. My insurance company had paid out over $5,000 in personal injury and vehicle damage. I was furious and called the home office and this is what I was told......

"You pay us to take care of this and we don't need your permission to handle it the way we feel is in the best interest of the company."

If you have insurance, my non-lawyer advice would be to let them do what they do, which is HANDLE THIS.....!
 

davidmcbeth3

Senior Member
Your insurance will DEFEND YOU and PROTECT YOUR ASSETS.
You mean their assets. lol

Why people don't call their insurance companies is a mystery. The OP may have delayed too long too so that if they call the insurance company will say "you're outside the time period needing to report this..so you are on your own". The OP should still notify their insurance company, like yesterday.

If its over 30 days past the date that they told you their daughter was allegedly bitten then it may be too late ... only their policy will tell them for sure.

Since the "dog warden" took the dog, it appears as if they admitted that their dog bit the girl ..

The OP does not have to use their insurance .. why not is a mystery. A trial would cost 15-30K and that's out of their own pocket if the insurance company is not handling it.
 

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