QUESTION

Who is liable for a dog bite while someone went to pet it?

Asked on Mar 06th, 2011 on Personal Injury - Florida
More details to this question:
A dog bit someone while secured to a tree. This individual went to the dog to pet it. Is there a claim here?
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11 ANSWERS
Tina Marie Fox
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Answered on Mar 09th, 2011 at 3:52 PM
There is not enough information to answer the question fully. However, it is presumed that it is the responsibility of the owner to insure the safety of others in the presence of the dog.

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Paul L. Whitfield
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Answered on Mar 09th, 2011 at 3:52 PM
In NC I doubt it. you have to prove the dog had a vicious propensity first and then prove the person advancing on the dog was not partly at fault. Doesn't sound like much of a case.

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Answered on Mar 09th, 2011 at 2:28 PM
The law in California is that you used to get one free bite with your dog before you would be held liable. Not any longer. CA Civil Code section 3342 now makes an owner strictly liable for his or her dogs biting someone in a public place: (a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner.

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Answered on Mar 09th, 2011 at 2:27 PM
Normally, not a viable claim. But it may depend on whether or not the owner of the dog encouraged or allowed the person to approach the dog, and if the owner knew the dog may bite. However, it will be a difficult case, if the owner did nothing, except have a dog secured to a tree. Nevertheless, if a claim is brought, then it must be referred to your insurance carrier or an attorney who handles personal injury claims.

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Answered on Mar 09th, 2011 at 2:23 PM
Yes, Florida has a strict liability statute that says if you own a dog, and that dog bites someone, the owner is responsible......unless the person bitten provokes the dog, and simply trying to pet it is not provocation, in my opinion.

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Answered on Mar 09th, 2011 at 2:20 PM
Maybe. You need to talk to an attorney experienced in handling these type of cases. Good luck & best wishes.

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Answered on Mar 08th, 2011 at 1:13 PM
Yes, unless the person was trespassing on the dog owners land, there is a case (assuming no provocation as well) Call me by clicking the link to the left.

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Answered on Mar 08th, 2011 at 12:58 PM
The person who was bitten may have a case, based upon the information that you have supplied. We would be happy to provide a free consultation at either of the numbers listed below. If my office accepts the case, there is no fee charged unless we are able to obtain a settlement. Thank you for your email, and we look forward to hearing from you.

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Answered on Mar 08th, 2011 at 12:49 PM
In Utah, a dog owner is strictly liable for injuries caused by the dog. You have a legal case against the owner. If you'd like to speak with an attorney, I'd be happy to help you, call me.

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Answered on Mar 08th, 2011 at 12:48 PM
Yes against the owner of the dog.

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Answered on Mar 08th, 2011 at 12:48 PM
As long as the individual was not tormenting or teasing the dog the owner or keeper of the dog can be held liable under CT's "dog bite" statute. In many instances these claims are covered under a homeowner's insurance policy. Call if you have further questions.

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