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Am I liable for anything in this situation?
Anonymous2 views8 answers
My 60 pound dog knocked another dog owner off her feet, while playing with her dog in a designated of the leash area in the local park 6 months ago. At the time of the incident she refused medical attention. Today we met in the park and she approached me and stated that she has various medical issues due to the fall and requires treatment. She asked me to pay for her doctors co-pays.
It depends. NY law says that a previously adjudicated "dangerous dog" owner is strictly responsible for medical costs. For other damages, like personal injury pain and suffering, you have to show that your dog had a dangerous tendency to bite and that you knew it. Either way, if you have homeowner's or renter's insurance, notify them ASAP, so that if there IS a significant claim, they cannot later claim that you failed to notify them and disclaim coverage.
You could have liability if your dog injures someone. I would want to have more facts. How much are the co-pays. What are the injuries? If the co-pays are not too much you may want to consider paying them in exchange for a release. You should consult with local counsel.
There may well be assumption of risk defenses to any claims and questionable negligence on your part(perhaps no negligence). Depending on the amount at issue if a formal claim is made tender the claim to your homeowners/renters insurance. If the amount claimed is negligible you may want to negotiate same yourself.
Notify your homeowners' insurance. I would not recommend paying her anything without getting a written release stating that the amount you are paying her is considered full and final payment for her injuries.
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
Turn this matter over to your homeowners or renters insurance company and let them handle this for you. If you don't have insurance, if she is willing to settle simply for co-pays, that is probably a deal you should not turn down. Make sure you get a full and complete release if and when you pay her any money to settle the claim.
Kind of an "iffy-maybe" situation as I see it. If it can be proven that you knew or should have known this was likely to occur (e.g., your dog is very energetic and you know she/he likes to jump around) then you could have some exposure. On the other hand, it could be said that by being in an area where dogs are known to be off-leash, she assumed the risk that this might happen. If you have homeowner's or renter's insurance, they should cover this. If not, then it might be reasonable to offer half (provided that she produce copies of bills) in order to avoid being on the receiving end of a lawsuit for full reimbursement, pain & suffering etc.
Does your dog have known vicious propensities? In other words, has your dog ever been involved in another incident with a person or animal that was reported to the authorities? Or is your dog well known in the neighborhood as a dangerous animal?
If not, I don't think you have any liability. But if the other dog owner does sue you, you're going to want your insurance to cover it, as it could be expensive.
