Dog Bite Liability

[Honeydog]

I live in St. Louis, Missouri.

I have a small 10 pound dog who I walk daily around our neighborhood. He is a little agressive, but since he is so small, I pick him up when encountering people or other dogs.

Friday, October 31, 2008, I was walking him and a boy, about 8, came off his porch and wanted to pet him. All he was wearing was a pair of boxer shorts. I told him he bites but I held his mouth and let him pet his back. The boys father was on the porch watching. When he was done, I said bye and we started walking away. I set Fuzzy down about 2 doors down and we were walking. About then, the boy came running up beside me, on Fuzzy's side, startled us both and Fuzzy reached out and bit him. The bite was one punchture on his upper, inner thigh (since he wasn't wearing any clothes or shoes) that was about the size of a ink pen tip. It broke the skin, but it didn't bleed. I went home, put neosporn on it and saw the kid trick or treating later that nite. He was running around and fine.

Today, Sunday, November 2, 2008, there was a notice from the department of health. they had took him to the ER yesterday so it was reported. I gave the DOH person fuzzy's shot record (which is up-to-date). they wanted to quarentine him at a different location, but since they saw that he wasn't a threat, they allowed him to stay at home for the rabies quarentine.

My ? is, should I get an attorny? I'm afraid these people took him to the er to try to get something from me. I feel badly for the kids, because they are always running around dirty and naked. Also, I know they have a cat that bites them and i'm afraid they will try to pass that off as my dog that bit him.

Should I call the Division of Family services and file a complaint to protect myself against any complaint they would level against me? HELP!

[JETX]

Originally Posted by Honeydog

My ? is, should I get an attorny? I'm afraid these people took him to the er to try to get something from me. I feel badly for the kids, because they are always running around dirty and naked. Also, I know they have a cat that bites them and i'm afraid they will try to pass that off as my dog that bit him.

You don't need an attorney. Save your money to pay the victim of your negligence... and failure to have your animal on a leash. You are 100% liable for any medical bills and possible 'pain and suffering'.

Should I call the Division of Family services and file a complaint to protect myself against any complaint they would level against me? HELP!

Are you suggesting that your dog would NOT have bitten the child if he had been 'clean and fully dressed'???
Don't be an even bigger idiot. The condition of the children has NOTHING to do with your liability.

[Honeydog]

Who is the idiot here, JETX?! My dog was on a leash! If you had a clue as to what you are talking about, you would know that Missouri is one of 18 states that has a "one bite law" you moron! While the dog owner does have a responsibility, so does the parent of the child who ran up next to me provoking my dog as I had just told him and his stupid parent that he bites.

What kind of parent lets his child literaly run in the street in just a pair of boxers and no shirt or shoes on October 31st? That would probably be you, of cousre, but no normal person. My point was that if he had some clothing on (dirty or clean) he wouldn't have been scratched, his clothing would have stopped him from being bit, since one tooth is all that connected.

Also, how much "pain and suffering" is involved in trick or treating 2 hours later? Of course, someone like you probably doesn't need a costume - your ugly personality seems to shine though quite well on it's own!

[CJane]

Originally Posted by Honeydog

What kind of parent lets his child literaly run in the street in just a pair of boxers and no shirt or shoes on October 31st?

Well, on MY end of MO on October 31st, it was nearly 80*. So while I wouldn't have allowed my child outside in boxers, it wouldn't have been insane to allow him to be out in shorts and w/out a shirt/shoes.

But that's not really the point. Your dog DID bite the kid. There's no 'not enough clothing' defense. It was appropriate that the parents took the child to the doctor, with a puncture that doesn't bleed, there's a very real chance of tetanus. It's possible they chose the ER because they don't have insurance. Who knows?

You will be liable for the child's medical bills that are directly associated with the bite. It would be a VERY good idea in the future to walk your dog w/ a muzzle on. You know he's aggressive, and he's now bit at least one person. Picking him up when you perceive a threat is a great idea - but not one that is immediately practicable in every situation as you now know.

[Honeydog]

I appreciate your response. In St. Louis, the high was 73 degrees, not appropiate for just underwear. But you are correct, I cannot dictate someone's wardrobe.

I'm not even ?ing if a dr. visit was warrented, but an ER visit the next day after it happened - 24 hour waiting period? When I went home and got bandages and neosporn to administer (he didn't possess any in his home), the father told me that it was fine, his cat bites the kids all time. That is why I mentioned in the earlier post that I didn't want blame for a bite that I was not responsible for. If he would have scraped his knee, it would have been more serious then the scrape my dog gave him.

As far as being responsible for their er visit, I beg to differ. If I am walking my dog, on a leash, on a sidewalk and a child runs up from behind me and grabs my dog's tail with a parent not 20 feet away, I don't feel I hold all liability. A dog with a very docile nature could be provoked to bite to defend itself. This is not a toddler, an 8 year old boy. Not to mention, I would be responsible for reasonable damages, and that wouldn't include an er visit a day after his fun night of trick-or-treating.

I believe neglagence would have to be proven, and there was no other way I could have protected us - except for not walking my dog on the sidewalk on my own street. I carried the dog past him and his house and did not put him down until I was three houses away from him. I cannot predict the actions of a child or anyone else for that manner.

You mention a muzzle, and that is something that we are considering now. He has never bit anyone while walking, and we walk 3 miles everyday, in very public areas (parks and neighborhoods) and he is a six year old dog. Since I walk quite a bit, I have been bit by dogs, much worse then what happened in this instance, and I have never filed a complaint to the BOH or visited the er and I have lived to tell about it, obviously that is my choice. I have also did a little on-line research (which is very limited) and have not been able to find any litigation that lists "breaking of the skin" as the only injury. Mostly it is "nerve-damage", "loss of wages", "inability to use appendage that was bitten." Not "able to trick-or-treat and run down the street at full speed" two hours after "attack by vicous 10 pound shih zue". But maybe I wasn't able to find examples of that litigation.

[Ozark_Sophist]

In Missouri, a dog bite doesn't even need to break the skin to legally be considered a "bite." It likely took that long for bruising and muscle pain/stiffness to bother the child. With the bruising, there was also probably swelling. The parents were right to take their child to a doctor.

At this point, I'd advise waiting to see what happens. I would not call DFS with the information you described. When I was in grade school, there were times I would wear shorts to school when it was snowing. We lived at high mountain elevations where it would snow in the morning and be hot in the afternoon.

[Honeydog]

Thanks, Ozark_Sophist!

I appreciate your response. I was thinking also that waiting would probably be best.

Thank you for not being sarcastic as quite a few of the senior members on this forum seem to be. Hopefully you wern't just wearing your underwear to school

Thanks, again! Have a great nite!