Dog bite

    • Silver
    I'm going to add my opinion sorry but,
     
    I would ask this guy to prove medical bills and prove he had time off work because of this for a start.
     
    I know in Aus where I am from dogs are Not allowed to run free otherwise you get fined, If  a dog is out of the yard it must be leashed at all times. If this dog has bitten before it should have been in a yard. Yes signs must be put up,but if you where there and know what this dog is like why did you not call the dog back, to prevent this from happening.
     
    Yes it all comes back on the owner, more reason to have a bitting dog locked in a yard at the back of the house, and ALL dogs should have their shots kept up to date.
     
     
    • Gold Top Dog
    ORIGINAL: glenmar
    .  Plus, she made the comment that she was going to have the biter put down in the fall, because she certainly couldn't survive another winter......HELL would freeze over before I put down one of my dogs that had nothing wrong with it other than age......the dog isn't sick, just older. 


    Thank you for mentioning this! I was thinking the same thing but I was biting my tongue. That comment REALLY bothered me.
    • Gold Top Dog
    You're welcome.  It's still bothering me.  And I suspect thats the reason that she didn't bother with the rabies vaccine....she's just gonna have the dog killed anyhow.  But in THIS case, it may be not such a bad fate for this girl.
     
    and I'm getting to old to keep biting my tongue...the darned thing bleeds.
    • Gold Top Dog
    For the past 4 winters my mom has said her 17 year old dachshund wouldn't make it through another one. She's deaf, blind, and incontinent and more than many people would want to handle, but she still gets around well and has a good quality of life.
    • Gold Top Dog
    miranadobe according to the law you posted:
    any place where the person may lawfully be,

    [font="times new roman"]does this man have a lawful right to be on her property?
    [/font]

    • Gold Top Dog
    Even if he was technically tresspassing, what about a child who happens to wander onto the property?  Does the CHILD deserve to be bitten?
     
    I'm in MI and I can promise you this...if someone comes on my property, whether they have a right or reason to be there or not, and my dogs injure them....even if it's nothing more than a torn pair of pants, I AM LIABLE.  I CAN and likely will be sued and the court will find AGAINST me.
    • Gold Top Dog
    I worked with a guy who's gardener was bit by one of his dogs.  The gardener came into the backyard and although I'm sure the dog was just being protective, the gardener had been hired to do the work.  The gardener filed a bite report and it was sent to the homeowner's insurance.  They in turn sent a ltr saying "you have 60 days to get rid of your dog or find a new insurance company".  Well, no one else would offer him coverage and he had a home and small children, so he had no choice but to get rid of the dog.  It was very sad and I've never forgotten it. 
    • Gold Top Dog
    I agree.  If you're on my property and my dog bites you, I will feel completely responsible.  However, she quoted a law, so that's what I was discussing.  According to that little bit of law, he would not be protected, nor would a child, according to that little snippet.  The gardener, yes because he was hired to do a job and was supposed to be there.

    Edited: and not many people deserve to be bitten.  However if the child came onto my property and threw sticks/rocks at my dog, I'd have a hard time finding fault with my dog...
    • Gold Top Dog
    I totally agree Leslie and I'd fight to the bitter end if someone who wasn't supposed to be on my property filed a claim or sued, but I'm still paranoid that in this day of sue-crazy people, my insurance co. would just say "yeah, well it's too costly and messy and we're dropping your coverage". 
    • Gold Top Dog
    I absolutely agree with Karen in that if this man is going to sue for medical bills and time lost from work he really does have to be able to prove that. That being said, if it turns out that he did need medical care and lost work time, it is the dog owners' responsibility to take care of it. If insurance isn't going to cover it, then she needs to find out some other way to do it, even if she has to take out a loan to cover it. Hopefully, a good lesson will be learned.

    Joyce




    • Moderators
    • Gold Top Dog
    I'm not a lawyer in MN, so I have no idea. 
     
    I tried looking on animallaw.info for that particular line in Minnesota.  Perhaps anyone interested in MN specificially, can peruse this:
    [linkhttp://animallaw.info/statutes/statestatutes/stusmnset.htm]http://animallaw.info/statutes/statestatutes/stusmnset.htm[/link]
    • Gold Top Dog
    See, I would interpret that law to mean that if a person stops by my house, with no malice or illegal intentions, then he is lawfully there.  Shoot, I've heard of cases where the burgler was IN the house and successfully sued for a dog bite.
     
    I certainly agree that proof of loss should be provided but it also sounds like the now long gone OP has her heels dug in and isn't gonna give this guy one thin dime regardless of what proof he might have because SHE didn't think it was a serious bite and the guy wasn't bleeding out in her driveway.  That attitude is going to land her in Court and she could even loose her home because of it.