Gruesome Dog Bite in home where room is rented

[FelizG]

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

My girlfriend a few hours ago was bit by the dog of the owner of the home she rents a room at. She lives in a house and rents a room on the residence that is not connected to the house. It has its own separate entrance, bathroom and small kitchen. She rarely enters the main house. Today she entered the main residence bringing them food (she is on good terms with the owner). The dog attacked and bit her hand and mangled it pretty bad. The wound looks gruesome and the hand looks damaged. She doesn't like the idea of a law suit but we need to consider all options. She works with her hands as a casino card dealer and i'm sure this will put her out of work for some period of time. Does she have a lawsuit case here, should she do anything right now to protect her interest? She is currently at the ER.

 

[commentator]

Assume she has seen a physician?

 

[justalayman]

Hmmm, when the first thought is whether one should sue or not, others will surely question the motives. While the injured party may not intend to be running a scam on a homeowner, putting suing them on the top of the list of things we should do today definitely puts their motives into question.


You start with making sure homeowner is aware of the situation if they are present. Otherwise one would seek medical care and give owner notice later.

Then injured party should request homeowner insurance provider or ask homeowner to file a notice of the incident with their insurance provider.

There are issues to consider that will affect whether the homeowner is liable.

Was it normal she entered the house without knocking or being granted express permission to enter?

 

[FelizG]

Assume she has seen a physician?

Yes, just got done getting 39 stiches. Initial thoughts are the hand is sprained, checking for other damage.

 

[FelizG]

Hmmm, when the first thought is whether one should sue or not, others will surely question the motives. While the injured party may not intend to be running a scam on a homeowner, putting suing them on the top of the list of things we should do today definitely puts their motives into question.


You start with making sure homeowner is aware of the situation if they are present. Otherwise one would seek medical care and give owner notice later.

Then injured party should request homeowner insurance provider or ask homeowner to file a notice of the incident with their insurance provider.

There are issues to consider that will affect whether the homeowner is liable.

Was it normal she entered the house without knocking or being granted express permission to enter?

She entered with the owner home letting her in and then the dog attack happened. Her and the owner do get along but do not interact much at all. She was bringing something in for the owner.

Thanks for the advice about gathering the home owners insurance. We just do not know where to begin and may have phrased things wrong by bringing up law suit right away. I just feel that she is badly hurt and may cost her financially by missing work, this should not go without her getting some help.

 

[justalayman]

Well, it sounds like there is a good probability the owner bears liability here given the description of the incident.

Suing is a costly nasty process that should be avoided if possible. Bringing it up often causes the other party to simply stop talking and ignore you or refer you to their attorney, insurance provider, whatever. Given the, at least, cordial relationship with the landlord, I would suggest a discussion. Crap happens but even when a party is culpable, it doesn’t mean they are mean nasty people.

 

[PayrollHRGuy]

Did she simply walk in unannounced or did she knock and was let in? There are lots of people I'm on good terms with but I would still knock on the door before I entered the home.

 

[xylene]

Your friend has a massive injury, one that may be disfiguring and disabling permanently, and is out of work and has to curtail major life activieities, for 30 days at least or long. Maybe much longer. She could be facing 6 months to a year of painful recovery that needs to be done properly and diligently or else the final condition of her hand will be affected permanently.

These are substantial damages.

Your friend needs a legal consult before contacting ANYBODY about a settlement or deal by her self.

This is a landlord and property owner. He'll figure it out how to pay. I'm sorry about friendship but hand repair is expensive. You really need to be careful and not muddy the facts with a lot of talking with the landlord who will very soon be your adversay when it becomes apparent you might have 6 figure of med bills alone.

 

[Just Blue]

Your friend has a massive injury, one that may be disfiguring and disabling permanently, and is out of work and has to curtail major life activieities, for 30 days at least or long. Maybe much longer. She could be facing 6 months to a year of painful recovery that needs to be done properly and diligently or else the final condition of her hand will be affected permanently.

These are substantial damages.

Your friend needs a legal consult before contacting ANYBODY about a settlement or deal by her self.

This is a landlord and property owner. He'll figure it out how to pay. I'm sorry about friendship but hand repair is expensive. You really need to be careful and not muddy the facts with a lot of talking with the landlord who will very soon be your adversay when it becomes apparent you might have 6 figure of med bills alone.

I agree....

 

[adjusterjack]

She entered with the owner home letting her in and then the dog attack happened. Her and the owner do get along but do not interact much at all. She was bringing something in for the owner.

Thanks for the advice about gathering the home owners insurance. We just do not know where to begin and may have phrased things wrong by bringing up law suit right away. I just feel that she is badly hurt and may cost her financially by missing work, this should not go without her getting some help.

California is a strict liability state for dog bites. Study up:

https://dogbitelaw.com/statutory-strict-liability-state/california-dog-bite-law

Make that clear to the homeowner and get the claim started with his homeowners insurance.

Understand, though, that she isn't likely to get any money until some time in the future when she is fully recovered and can't quantify her claim. Liability claims are not pay as you go.

 

[justalayman]

Did she simply walk in unannounced or did she knock and was let in? There are lots of people I'm on good terms with but I would still knock on the door before I entered the home.

Read post #5

 

[FelizG]

Your friend has a massive injury, one that may be disfiguring and disabling permanently, and is out of work and has to curtail major life activieities, for 30 days at least or long. Maybe much longer. She could be facing 6 months to a year of painful recovery that needs to be done properly and diligently or else the final condition of her hand will be affected permanently.

These are substantial damages.

Your friend needs a legal consult before contacting ANYBODY about a settlement or deal by her self.

This is a landlord and property owner. He'll figure it out how to pay. I'm sorry about friendship but hand repair is expensive. You really need to be careful and not muddy the facts with a lot of talking with the landlord who will very soon be your adversay when it becomes apparent you might have 6 figure of med bills alone.

This is good advice and a good way to explain to her the seriousness of what happened and what she may be facing in the future. I did not think to advise her to limit discussions about what happened with the landlord. I will make sure to pass this along.

This question is for anyone who would like to comment: Is it important to get a legal consult right away or is this something that can wait a couple weeks while handling the injury?

 

[Zigner]

This is good advice and a good way to explain to her the seriousness of what happened and what she may be facing in the future. I did not think to advise her to limit discussions about what happened with the landlord. I will make sure to pass this along.

This question is for anyone who would like to comment: Is it important to get a legal consult right away or is this something that can wait a couple weeks while handling the injury?

Within hours of the injury is a bit soon to be calling an attorney, but "a couple weeks" is too long. Once she is home and rested, she should start looking for an attorney to speak to about the matter.

 

[xylene]

With a dog bite, getting an attorney within hours is a must.

 

[Zigner]

With a dog bite, getting an attorney within hours is a must.

I don't think the woman needs to be making phone calls from her ER bed. That's what I was trying to say.