dog bite questions...

[radnur22]

i've got problems....in Montana

a couple days ago, my dog bit a girl (13y/o) in the face. my son had just gotten home from school and took the dog out on a leash. one of the gals that rides the bus home seen him and came back to pet the dog. she didn't ask to pet the dog, she just reached down toward his head and he came up and bit her.

after several calls, i finally contacted the mother to ask about the gals bite. since my home owners insurance doesn't cover dog bites, i asked if she had insurance and she said yes. i then offered to help pay for any deductibles that would occur. she then told me she contacted a lawyer and he would be contacting me.

i can see this going to court if they don't accept my offer. but, i don't feel i am totally responsible for the bite. my dog has no history of aggressive behavior. he was on a leash and on my property. the girl (a total stranger to the dog) didn't even ask to pet the dog and made the sudden movement toward his face. i feel this is analogous to a kid running out in the street and getting hit by a car. i feel i am being totally responsible by offering to pay part of the deductible. if they take me to court, i guess i will fight it to the bitter end.

any legal advice would be accepted...

[Happy Trails]

Originally Posted by radnur22

i've got problems....in Montana

a couple days ago, my dog bit a girl (13y/o) in the face. my son had just gotten home from school and took the dog out on a leash. one of the gals that rides the bus home seen him and came back to pet the dog. she didn't ask to pet the dog, she just reached down toward his head and he came up and bit her.

after several calls, i finally contacted the mother to ask about the gals bite. since my home owners insurance doesn't cover dog bites, i asked if she had insurance and she said yes. i then offered to help pay for any deductibles that would occur. she then told me she contacted a lawyer and he would be contacting me.

i can see this going to court if they don't accept my offer. but, i don't feel i am totally responsible for the bite. my dog has no history of aggressive behavior. he was on a leash and on my property. the girl (a total stranger to the dog) didn't even ask to pet the dog and made the sudden movement toward his face. i feel this is analogous to a kid running out in the street and getting hit by a car. i feel i am being totally responsible by offering to pay part of the deductible. if they take me to court, i guess i will fight it to the bitter end.

any legal advice would be accepted...

Unless you have a good reason to believe this girl provoked your dog, you are on the hook.

It does not matter (in your state) if you had prior knowledge or not that your dog may do this.

[radnur22]

from the Montana Code Annotated:

27-1-715. Liability of owner of vicious dog. (1) The owner of any dog which shall without provocation bite any person while such person is on or in a public place or lawfully on or in a private place, including the property of the owner of such dog, located within an incorporated city or town shall be liable for such damages as may be suffered by the person bitten regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.




the officer at the humane society said it was a provoked bite and no citations will be issued.

[Happy Trails]

Originally Posted by radnur22

from the Montana Code Annotated:

27-1-715. Liability of owner of vicious dog. (1) The owner of any dog which shall without provocation bite any person while such person is on or in a public place or lawfully on or in a private place, including the property of the owner of such dog, located within an incorporated city or town shall be liable for such damages as may be suffered by the person bitten regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.




the officer at the humane society said it was a provoked bite and no citations will be issues.

I can't agree or disagree whether it is provoked or not.

However, you will be getting a letter from her lawyer and will need to figure out where to go from there.

[URL="http://education.yahoo.com/reference/dictionary/entry/provoke"]Definition of provoke.[/URL]

[moburkes]

Originally Posted by radnur22

i've got problems....in Montana

a couple days ago, my dog bit a girl (13y/o) in the face. my son had just gotten home from school and took the dog out on a leash. one of the gals that rides the bus home seen him and came back to pet the dog. she didn't ask to pet the dog, she just reached down toward his head and he came up and bit her.

after several calls, i finally contacted the mother to ask about the gals bite. since my home owners insurance doesn't cover dog bites, i asked if she had insurance and she said yes. i then offered to help pay for any deductibles that would occur. she then told me she contacted a lawyer and he would be contacting me.

i can see this going to court if they don't accept my offer. but, i don't feel i am totally responsible for the bite. my dog has no history of aggressive behavior. he was on a leash and on my property. the girl (a total stranger to the dog) didn't even ask to pet the dog and made the sudden movement toward his face. i feel this is analogous to a kid running out in the street and getting hit by a car. i feel i am being totally responsible by offering to pay part of the deductible. if they take me to court, i guess i will fight it to the bitter end.

any legal advice would be accepted...

Why doesn't your homeowners insurance cover dog bites? Did they require you to sign an exclusion form? What kind of dog do you have?

[weenor]

OP- look up the definition of vicious dog in your state. Most states have a definition that includes rots, dobermans, and/or pit bulls. In these cases the breed of the dog will determine if the "one bite rule" applies.

[dogbitevic]

As you can guess by my user name I am not going to feel much sympathy for you.
"i feel this is analogous to a kid running out in the street and getting hit by a car". Your anaology is basically saying that this 13 year old girl deserves the permanent scars on her face b/c she did something so careless and totally irresponsible. She reached out to pet a neighborhood dog and was attacked...she did not come screaming toward it waving a big stick. What difference would it have made if she asked your son if she could pet it? Would he have said "no"? If the dog truly has no history of violence then he would have given permission.
If you really felt that she brought this on herself then you wouldn't have even offered to pay for any deductibles. Sorry, but getting her medical bills paid for doesn't erase any scars on her face. I hope any scars are minimal for her sake...you didn't say how bad the damage was.
Dog owners need to realize that it is a risk to own a dog & they need to take responsibility if the animal ever attacks. It is not the fault of a 13 year old neighborhood girl that your dog suddenly decided to snap. It is not her fault that you chose to carry insurance that doesn't cover a dog bite.

[janedoe23]

Originally Posted by dogbitevic

As you can guess by my user name I am not going to feel much sympathy for you.
Dog owners need to realize that it is a risk to own a dog & they need to take responsibility if the animal ever attacks. It is not the fault of a 13 year old neighborhood girl that your dog suddenly decided to snap. It is not her fault that you chose to carry insurance that doesn't cover a dog bite.

What if the situation was the dog was chained on its owner's property and the girl took it upon herself to trespass and pet the dog? Would it still be the owner's fault if she would have gotten bit? The owner wasn't breaking any laws and the dog was clearly on a leash. This young girl took it upon herself to pet a dog not knowing whether or not it was friendly. I don't know about you but I sure in the heck wouldn't pet a dog I didn't know let alone get so damn close it could bite my face.

[dogbitevic]

It doesn't sound like this is an instance of trespassing. More info is needed...Was the dog on a sidewalk by the street within easy reach of kids walking home from the bus stop?
Is the dog owner's son a classmate of the girl or is he older/younger? If she goes to school with him & saw him taking his dog for a walk it is not unreasonable for her to approach them. Dogs are like magnets...children are naturally drawn to them. I know the dog owner never meant for this to happen but to place the blame on the victim bothers me.
Why doesn't the insurance company cover dog bites? Was there a previous claim? Is the dog considered a dangerous breed? Whatever the answers the fact remains that the girl did not deserve what happened to her. As a mom of a very young dog bite victim, I can tell you that it is devastating to see your child suffer an attack & then be left with permanent facial scars.