Answer: I can't determine if you have a case against the dog's owner because you've shared no facts about how the incident occurred that led to your being bit. If you’re bitten by a dog and you’ve done something to create the situation the comparative fault will apply. Comparative fault can completely eliminate any claim you’ve had because it wasn’t the dog or the owner constraining their pet, but your own actions (stupidity) that caused the incident to begin with. As an example, let’s say you wanted to take a short cut through someone’s yard and on the gate there was a sign warning about a dog being in the yard, but not heeding the warning you opened the gate and walked into the yard. That would be your own fault and not the pet owners; the dog owner would have no liability to a trespasser based on a failure to warn and protect, which in this instance you’d, be a trespasser. I make no judgment against the person asking this question because like I said from the start, I don’t know enough facts.
Let’s explore what you’ve told me and what we don’t know.
- You were bit by a dog.
- Who is the dog’s owner?
- What kind of a dog is it?
- What is the dog’s personality is it mean or docile?
- Did the person who was bit do anything to antagonize the dog?
- Was the dog secured and if so how?
- Was there a warning sign about the dog being present to beware?
- On whose property did the dog bite occur?
- Were you a trespasser?
- Were you an invited guest?
- How badly were you injured?
- How old are you?
- How much were your medical bills?
- Did the dog’s owner admit liability?
- Did the dog’s owner have homeowner’s insurance?
There is nothing about whose dog it is. For all I know you’re the dog owner. As you can see I need to know more about the facts.
Serious dog bite cases normally involve children and are referred to as a child maul case. They can be devastating to a child both from an appearance and from a psychological standpoint. Appearance wise and psychologically a child can be scarred for life and require multiple surgeries. In these serious personal injury cases call me quickly, very soon after the incident so we can take action to gather and preserve evidence of the personal injury.
In the set of facts below still I don’t have enough information to know what the person bit was doing in the house and why the dog was loose. This is the way non-lawyers ask questions because it’s complicated and they are untrained in dealing with insurance claims for dog or animal mauling’s and bites.
Question Detail: A dog bite me.
Still not sure what was bleeding (the house was dark inside, kids sleeping).
I go into our bedroom and turn on the light and start panicking i had a huge gash in the knee area and you could see my bone. I start crying and can’t get my breath (panic attack) by this time my husband is up out of bed.
And within 10 min we left to go to the ER. I had to get 6 stiches in my knee and x-rays and I don’t know how long it will take me to recover. Who knows how much my medical bills will be. Do I have a case of personal injury from the dog’s owner?
So I guess my advice to you will be to call me in case of a serious animal bite case because being untrained to know what to look for, how to gather and preserve evidence and when to act can be exhausting for someone not trained in civil personal injury work.
If you hire someone else I wish you the best of luck with your dog bite case.