My dog bit my neighbor at the fault of my neighbor, what do I do next?

· · 0 views
I have an indoor dog who only goes outside to use the bathroom in my back yard, which is fenced by a chain link fence. My neighbors back yard is fenced with privacy fence that is falling apart in certain places. The neighbors 12 year old daughter came through a hole in the privacy fence and was teasing my dog through the chain link fence, which she has been warned about doing already. She put her face over the fence and my dog bit her. The police and animal control came to my home, filed a report, and told me that it was not my or my dogs fault. Now the mother wants my homeowners information to file a claim for the hospital bill and future procedures. When I got my homeowners insurance I didn't have a dog, and I never added her the policy. What should I do now?

10 Attorney Answers

Best Answer
Notify your insurance company anyway. Unless it requires notification, they might still cover the incident.
Best Answer
Contact your insurance carrier and notify them of the situation. There still may be coverage in your policy if dog bites are not specifically excluded. If there is no coverage, consult with a local civil defense attorney to go over the options you may have. Good luck.
Best Answer
Report it to your homeowners insurance carrier and see what happens.
Best Answer
Report the incident to your homeowner's insurance carrier. They will handle and investigate the claim. If you ultimately need a lawyer, they will hire one for you.
Best Answer
As others have pointed out, place your carrier on notice and let them handle it.
Best Answer
When dealing with dog bites there is a strict liability standard against the dog/owner. Contact your homeowners insurance and if there is no dog bite exclusion under your policy than the Ins. CO. will handle. Otherwise I suspect your neighbor will demand that you cover the medical bills. SO you may need to get a free consultation from a civil defense attorney asap.
Best Answer
Notify your insurance carrier. If they turn down a claim youll need to contact an atty, but for now report it and wait for their response.
Best Answer
The relevant Florida statute is Section 767.04. Here are but a few of the problems you face:
1. You knew a problem existed since you warned the neighbor's granddaughter "several times" about the issue. It seems you knew your dog might bite her, and even if that's not the case, a jury could believe it to be.
2. I doubt you had a "Bad Dog" sign--most stores don't sell them--yet the statute requires that exact wording.
3. You may have a comparative negligence defense, but that only reduces the amount of damages the girl can recover, not eliminate them.
4. You seem reluctant to notify your homeowner's insurance carrier. That's a bad move. You have insurance for a reason. Use it. Even if the insurance company drops you due to the claim, it still might protect you from this claim.
5. The fact that your dog is an inside dog is legally meaningless. A dog is a dog is a dog, and in Florida, if a person is legally on your property, you have almost strict liability for her damages. Has she ever visited your back yard? Have you let her play with the dog? Then your defense weakens accordingly if a jury believes she had implied consent to be on your property despite your warnings. Juries can believe almost anything they want when it comes to a case's facts.
Be glad you don't have an exotic animal such as a panther. Anything--and I mean anything--those creatures do to someone else is truly strict liability.
I have a very sweet 100+ pound Doberman that normally would not harm anyone who is not seeking to harm my family. When guests come over, I put him in a locked room, and I don't allow him near kids.
Why?
Because you can never predict what kids and stupid people will do to dogs that will trigger aggressive behavior. I once had a friend of my wife's stop over, and when my wife was out of the room, that person BIT our Doberman hard enough to make it cry out in pain. Had my dog bitten her, we would have been liable since she was lawfully on our property. A jury would have likely reduced her recovery, but we would still be responsible for some damages. I've never allowed that person to return to our house.
Call your insurance company today; otherwise, it will have a defense of material prejudice and may deny coverage.
Best Answer
You have purchased homeowners insurance to protect you. Use it. Contact your carrier and advise them about the incident. Your carrier has the responsibility to investigate the matter, defend you and indemnify you if necessary.
Legal Disclaimer:
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. facts

Sign in to answer this question.

Sign In or Sign Up as an Attorney