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dog bit dog!!!!help Animal Injury, Dog Bite

Discussion in 'Accidents, Injuries, Negligence' started by wiggy23, Mar 5, 2004.

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  1. wiggy23

    wiggy23 Law Topic Starter New Member

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    Last Sunday a 9 yr old girl who is a friend of my daughter was walking her neighbors dog. Both are mutts from local shelter . We have had our female since she was 1 month old. My dog was in our gated backyard. The other dog wasw in the front yard. my daughter, the girl walking the dog and another 9 year old girl decided that they wanted Mel our dog to play with other dog. Mel has never been in a fight with another dog. Girls opened the gate they were infront of the gate. the gate is in an cramped small area. The other dog was leashed. The dogs both lunged at each other the encounter lasted appox 15 seconds. My dog was fine other dog seemed fine too. Girl took dog home. Other owner found puncture by ear. She took her dog to an emergency vet. $800 later. ..We offered to pay one half of the total cost. she is insisting that we pay the entire amount. Does she have any responsibility? What is your take on this. Numerous phone calls of her yelling at me. PLEASE RESPOND ASAP
     
  2. NYClex

    NYClex New Member

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    does your state have a dog owner liability law? In most cases it is so that the owner is always liable for damage caused by a dog.

    But in this case I would definitely argue contributory negligence because the owner of the other dog should not have let a 9 year old child handle the dog alone.

    If this would be a case I had to handle I would do exactly as you suggested, I would settle for 50%.

    Have you called your insurance? They might have an idea what the mood is in your state when it comes to things like that.
     
  3. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    NYClex is correct in that you need to consult with your own state's dog law. In NY my understanding is the first bite is free (the dog has no 'propensity' to injure) and there is definitely an issue of contributory negligence, in allowing a 9 year old girl to handle their dog.

    First I would consult the state dog law as you might not even be liable in that instance. It would seemt that given the facts, i'd agree with NYClex and think that your 50% settlement offer is generous, without more facts.

     

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