Financial Responsibility of Dog Bite Owner

[kristen_de]

What is the name of your state? Indiana

On December 22, 2005 a friend of my sister's came to our apartment to visit for the evening. My 2 year old American Staffordshire Terrier, Henry, was left with my mother and my sister while I was out babysitting my nephew.
When my other sister brought me home she explained to me that our mother had called her and told her that my dog, bit the young lady, in the face of all places. (My family did not call me at the time it happened because I am in a high risk pregnancy and did not want to involve me until I was home).
It was apparently an "unprovoked" bite as far as there being any violence toward my dog, Henry, to instigate a bite. Apparently my dog was lying down and the young lady bent down at face level of my dog to retrieve a package of cigarettes, and thus my dog bit her.
The dog had been fine all day with her, and unfortunately, when this happened she was the only one in the room with the dog, so no one but her knows exactly what happened.
My mother and my sister rushed her to the emergency room, and she was given a total of 30 stitches. She has three 1/2" or less scars, 2 on her right cheek, and a vertical one at her colunmella (the space between her nose and mouth) .
They were still at the hospital when I arrived home. I, myself, called the police department to see what I needed to do from that point on. They instructed me to call Animal Control. When Animal Control came, I even followed them to the animal shelter and took my dog there myself, to be quarrantined. The animal control chief officer explained that when you get into a dog's "facial space", they view that as an intimidation factor and it is on "their attack range" so they feel they are being forced to fight. So she most definitely could be telling the truth.
My dog was quarrantined for 10 days, and at the advice of the Chief Animal Control Officer, I put my dog to sleep. I spoke with the young lady after the incident, she assured me, it was okay, she understood dogs sometimes attack without being attacked first. I offered to pay for the Emergency Room Bill since the young lady did not have insurance, as well as the Co-Pay for the suture removal and her $160.00 in prescription charges. All totalling well over a $1000.00.
Because I also felt bad, I offered that when she came back up to this area (she now lives out of state), I would make every effort I can to make an appointment with a Dermatologist I used to work with to see if she could offer any cosmetic suggestions if the area wasn't healed like the young lady wanted. I advised her from my own medical (professional) experience in cosmetic surgeries, that a scar would not go away but there were things that could be done to make scars almost completely unnoticeable. I told her if she was not happy with the appearance in 3 months that when she returned for visits to her family, I would arrange to have a chemical peel done for her, to reduce the visual scar, if it were necessary. She left, okay with that.
The young lady, has now written me and has chosen to have invasive plastic surgery on her face. I'm not trying to be cold-hearted, but I've followed all the rules, I've had my dog put to sleep willingly, I've paid all of the medical bills and rx costs. I dont feel like I should have to pay for an expensive cosmetic surgery that is NOT MEDICALLY NECESSARY.
Am I responsible for elective surgery? If I were not a high risk pregnancy and were released to work, I wouldnt have a problem at all helping her even more. However due to my situation I've been put out of work, and am a single woman with no support from anyone. I've depleted savings and my taxes trying to pay for all of this.
I just need to know if I am LEGALLY responsible for paying for elective surgeries or if I have fulfilled my obligation.
Obviously this is a terrible situation that I don't wish on anyone, and I could just use a little advice. Thank you for your time.What is the name of your state?

[BelizeBreeze]

I'll tell you what. You decide what is better.

Give her what she wants or pray she doesn't realize that she still has 11 months to sue you for personal injury.

[moburkes]

Well, if someone hit you in a car accident, and caused damage to your face, for which you incurred medical bills, and are now scarred for life, would you expect them to pay to return your face to its pre-accident condition, or would you expect to be scarred for life due to no fault of your own?


Guess what...Insurance covers this type of stuff. Its called renter's insurance or homeowner's insurance.

Or, you can simply wait for a lawsuit and expect to defend yourself.

I'm a single mother of 2, and I was on bedrest myself. However, it was your dog, and it is now your responsibility, regardless of your situation. You won't be pregnant forever. Then, what will be your excuse?

[Blue Meanie]

Originally Posted by moburkes

Well, if someone hit you in a car accident, and caused damage to your face, for which you incurred medical bills, and are now scarred for life, would you expect them to pay to return your face to its pre-accident condition, or would you expect to be scarred for life due to no fault of your own?


Guess what...Insurance covers this type of stuff. Its called renter's insurance or homeowner's insurance.

Or, you can simply wait for a lawsuit and expect to defend yourself.

I'm a single mother of 2, and I was on bedrest myself. However, it was your dog, and it is now your responsibility, regardless of your situation. You won't be pregnant forever. Then, what will be your excuse?

OP should be very grateful that this wasn't her child....How someone can have a pit bull with kids is beyond me!! Very few dogs are really good with children...but a pit?? Insane!

[kristen_de]

Well lets try this for starters, apparently you cannot read well, or you would have simply seen that I am asking what I am legally responsible for, not making excuses. Furthermore, this "kid" you speak of is a 21 year old woman. Next comment??? Precisely, there are no making excuses, that was never my intention. You have no idea what my plans were for my dog after my child was born, my child will take precedence, so if you are on this site simply to make offhanded remarks or to judge people who simply are looking for legal answers (which I might add, you did not give...) then you may want to go on to a different site. Unless you are a clairvoyant and know precisely what was in the stars for my dog after my child was born.. and if that's the case, please read my mind right now!

The point regarding scarring was this, the young lady wants NO scars at all, understandably so, but that is in NO WAY shape or form possible. I am a medical professional, if you can tell me otherwise, I dare you to try. The scarring she does have is minimal, barely noticeable and actually healed very nicely,... this was from a doctor.
I'm not trying to skate responsibility on the issue, I have paid for all of her bills thus far, now she is seeking further elective surgery... I only asked if I were responsible for that. Do me a favor and unless you have a legal response to the question, don't reply back.

I didn't ask to know anything personal about you or your children, that is of no concern to me, it is people like you who make sites like this, unhelpful for people seeking legal advice.. not some bitter woman who has nothing better to do than enforce her own opinion, with no regards to anything legal.

Originally Posted by moburkes

Well, if someone hit you in a car accident, and caused damage to your face, for which you incurred medical bills, and are now scarred for life, would you expect them to pay to return your face to its pre-accident condition, or would you expect to be scarred for life due to no fault of your own?


Guess what...Insurance covers this type of stuff. Its called renter's insurance or homeowner's insurance.

Or, you can simply wait for a lawsuit and expect to defend yourself.

I'm a single mother of 2, and I was on bedrest myself. However, it was your dog, and it is now your responsibility, regardless of your situation. You won't be pregnant forever. Then, what will be your excuse?

[moburkes]

Originally Posted by kristen_de

Well lets try this for starters, apparently you cannot read well, or you would have simply seen that I am asking what I am legally responsible for, not making excuses. Furthermore, this "kid" you speak of is a 21 year old woman. Next comment??? Precisely, there are no making excuses, that was never my intention. You have no idea what my plans were for my dog after my child was born, my child will take precedence, so if you are on this site simply to make offhanded remarks or to judge people who simply are looking for legal answers (which I might add, you did not give...) then you may want to go on to a different site. Unless you are a clairvoyant and know precisely what was in the stars for my dog after my child was born.. and if that's the case, please read my mind right now!

The point regarding scarring was this, the young lady wants NO scars at all, understandably so, but that is in NO WAY shape or form possible. I am a medical professional, if you can tell me otherwise, I dare you to try. The scarring she does have is minimal, barely noticeable and actually healed very nicely,... this was from a doctor.
I'm not trying to skate responsibility on the issue, I have paid for all of her bills thus far, now she is seeking further elective surgery... I only asked if I were responsible for that. Do me a favor and unless you have a legal response to the question, don't reply back.

I didn't ask to know anything personal about you or your children, that is of no concern to me, it is people like you who make sites like this, unhelpful for people seeking legal advice.. not some bitter woman who has nothing better to do than enforce her own opinion, with no regards to anything legal.

You and your children are of no conern to me, either. They add nothing to your legal question, yet you decided that we needed to know all of that, didn't you? I was responding as if to say "What is your point?". If you had insurance, you wouldn't have to worry about this. Sorry for your luck. However, with the legal advice, you get non-legal advice as well. Read the terms & conditions again.

[Blue Meanie]

Originally Posted by kristen_de

Well lets try this for starters, apparently you cannot read well, or you would have simply seen that I am asking what I am legally responsible for, not making excuses. Furthermore, this "kid" you speak of is a 21 year old woman. Next comment??? Precisely, there are no making excuses, that was never my intention. You have no idea what my plans were for my dog after my child was born, my child will take precedence, so if you are on this site simply to make offhanded remarks or to judge people who simply are looking for legal answers (which I might add, you did not give...) then you may want to go on to a different site. Unless you are a clairvoyant and know precisely what was in the stars for my dog after my child was born.. and if that's the case, please read my mind right now!

The point regarding scarring was this, the young lady wants NO scars at all, understandably so, but that is in NO WAY shape or form possible. I am a medical professional, if you can tell me otherwise, I dare you to try. The scarring she does have is minimal, barely noticeable and actually healed very nicely,... this was from a doctor.
I'm not trying to skate responsibility on the issue, I have paid for all of her bills thus far, now she is seeking further elective surgery... I only asked if I were responsible for that. Do me a favor and unless you have a legal response to the question, don't reply back.

I didn't ask to know anything personal about you or your children, that is of no concern to me, it is people like you who make sites like this, unhelpful for people seeking legal advice.. not some bitter woman who has nothing better to do than enforce her own opinion, with no regards to anything legal.

Dear..Get a grip! Pay the bill...keep the victim happy, or she might come after you for pain and suffering.

[xylene]

Originally Posted by baystategirl

Dear..Get a grip! Pay the bill...keep the victim happy, or she might come after you for pain and suffering.

But when she does sue you be sure and harp the point that you shouldn't be held liable for surgury because you already paid for emergency treatment and the the scars won't benefit from cosmetic treatment.

Something like "Your honor, those scars CAN NOT be fixed. She will NEVER recover her full appearance. All her future employers, friend, boyfriends and lovers will always notice those scars, even after the surgury."

Gonna be a slam dunk for you.

[BelizeBreeze]

Originally Posted by xylene

But when she does sue you be sure and harp the point that you shouldn't be held liable for surgury because you already paid for emergy treatment and the the scars won't benefit from treatment.

Something like "Your honor, those scars CAN NOT be fixed. She will NEVER recover her ful appearance. All her future employers, friend, boyfriends and lovers will always notice those scars, even after the surgury."

Gonna be a slam dunk for you.

I SINCERELY hope your tongue was firmly planted in your cheek during this.

[xylene]

Originally Posted by BelizeBreeze

I SINCERELY hope your tongue was firmly planted in your cheek during this.

Just trying to help someone deconstruct what their "defense" actually boils down to.

"It not that I don't want to pay, its just that the damage is permanent... "

Perhaps the original poster should think about what that means for her potential liability when dealing with someone who is still willing to negotiate a settlement.

[CCMominVA]

Personally, I think you need to turn this over to your insurance company and let them negotiate the responsibility.

I have a son who was bit by a dog, and you can believe we are going to do everything medically necessary to make him whole again. This includes elective surgery in 3 years to repair the scarring from the 32 stitches he had to the right side of his head and the staples to the back of his head.

I think you've done everything that you possibly can as the owner of the dog...kudos to you (not being sarcastic!). The responsibility will always lie on you, and if you just turn it over to your renters/homeowners policy, they will take care of it....one of the great reasons we carry insurance!

Good luck.

[moburkes]

If she had insurance, she wouldn't be here asking what she is legally responsible to pay for.

[Blue Meanie]

Originally Posted by CCMominVA

Personally, I think you need to turn this over to your insurance company and let them negotiate the responsibility.

I have a son who was bit by a dog, and you can believe we are going to do everything medically necessary to make him whole again. This includes elective surgery in 3 years to repair the scarring from the 32 stitches he had to the right side of his head and the staples to the back of his head.

I think you've done everything that you possibly can as the owner of the dog...kudos to you (not being sarcastic!). The responsibility will always lie on you, and if you just turn it over to your renters/homeowners policy, they will take care of it....one of the great reasons we carry insurance!

Good luck.

I would be willing to place a cyber-bet with you that the dead doggies mother has no insurance...humm...what do ya say CC ...wanna bet?

[moburkes]

Originally Posted by baystategirl

I would be willing to place a cyber-bet with you that the dead doggies mother has no insurance...humm...what do ya say CC ...wanna bet?

I'm on your side. But, I beat you to it.

[CCMominVA]

Originally Posted by moburkes

If she had insurance, she wouldn't be here asking what she is legally responsible to pay for.

Ooops...I know she said she was a single mom with no $$$ or savings, but I didn't see if she specified whether or not she carried insurance....my assumption. Sorry!