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My small dog nipped a repairman in my home. Minor bite, looks like bruise. Can I be sued if he filed a claim with Worker's Comp?
Anonymous7 views6 answers
My dog is a 12yr old, neutered male Bichon Frise weighing about 20lbs. After I invited the repairmen into my home, he proceed to walk into the kitchen as I locked my door. My dog didn't hear the doorbell and when I turned around the repairmen was staring at my dog and holding his leg. There was no growling, noise, or hissing from my dog. He was not trying to attack the repairmen repeatedly either. I'm not sure if the repairmen tried to pet my dog or startled him. What legal troubles could possibly come my way? Can I be sued? I do not have any homeowner's insurance for my dog. So far, Animal Control says the man had a nasty attitude when they asked to follow up on the bite. What should I do next? The injury was not major and resembles a bruise. No blood present at the incident.
Gilbert Earl FisherWorkers' Compensation LawyerFresno, CA ·
Although the repariman could get his doctor bills paid by work comp, you could still be liable, since it was your dog that bit him. If you had homeowner's insurance, the insurance company would pay for an attorney if necessary to defend you. Since it sounds like you don't have insurance, then you would have to defend yourself, or hire an attorney at your own expense, if and when you are sued.
Looks like the fact that you do not have homeowner's insurance was inadvertently over-looked by those responding to your post. If you rent your property rather than own your home, please know that renter's insurance, including dog bite liability (at least before the most recent incident with your dog) would have really been quite affordable for you. Since you did not have insurance, it is possible that the repairman could pursue his damages from you individually even if his employer paid his bills and time off of work if applicable as worker's compensation. This is known as a third party claim and is applicable in Wisconsin and in many other jurisdictions. In that event, the worker's compensation insurer is then paid back pursuant to a statutory formula out of any third party settlement with you. So, yes, you can be sued. However, if the damages are minor and the worker is covered by his employer, he may not proceed to do so.
Everyone answering your question has apparently forgotten to add that the repairman doesn't have to file a workers compensation claim with his employer, but he may just file a lawsuit against you for negligence. Be on the lookout for a letter from his lawyer.
In Florida, you are strictly liable for your dog if he/she bites. However, if the damages are minor, you may not be sued. If you are, it would likely be in small claims court which is somewhat designed not to have lawyers involved but you may still hire one if needed.
Regards,
