Advice Needed - Recovering Expenses (From Getting Attacked by Neighbor's Dog)

[Jazzzy]

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@Anonymous wrote:

Unfortunately, yes.

There is a question about who actually owns the dog.    I noticed something in the paperwork I've received that I did not spot before.

Two tenants in the home, owned by a third party (who also happens to be a relative).  There are conflicting statements as to who owns the dog.  I'm awaiting word from the animal control officer about sorting this out, and whether or not the right individual was ticketed.  The dog had not been licensed. 

One of the tenants appears to be judgement proof.  Guess which one is claiming ownership?

I've got a feeling I'm going to have to add all parties to a small claims action, if it comes to that.  Maybe a judge can figure this out.

Would the third party owner of the property be on the hook for this whatsoever?  This incident happened in the street, not on the property.  And the homeowner's insurance must be in his name, rather than the tenant-relatives.  I'm not feeling good about this at all.

Right now, I'm just waiting to hear from the AC officer, and that probably won't be until tomorrow.

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Yes, the owner of the property may be liable. Obviously the fence wasn't sturdy enough to hold a dog.

You really need to sue all 3 of them. That's what judges are for...sorting all this out. Don't play judge. Don't worry about who is judgement proof or not.

Check the county tax records. Get the name and address of the property owner. Send them the same information you were sending the tenant. The owner may turn it over to the insurance company.

Then...file against all of them.

[Anonymous]

Thanks, LynetteM.

I did pull a street card on Monday for that information.  And, I'm STILL waiting on the AC officer to contact me.  

For everyone's further amusement, the tenant has stated that I entered onto his property and attacked his dog without provocation.  Pretty good trick for me, as I was on the opposite side of the street at the time, with my leashed dog.  His dog was behind a fence in his backyard, and broke through it to come at us.

Guess I don't have much to do in my spare time, except attack neighborhood dogs, visit the vet repeatedly and go to the local ER for myself.   

[MattH]

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@Anonymous wrote:

Thanks, LynetteM.

I did pull a street card on Monday for that information.  And, I'm STILL waiting on the AC officer to contact me.  

For everyone's further amusement, the tenant has stated that I entered onto his property and attacked his dog without provocation.  Pretty good trick for me, as I was on the opposite side of the street at the time, with my leashed dog.  His dog was behind a fence in his backyard, and broke through it to come at us.

Guess I don't have much to do in my spare time, except attack neighborhood dogs, visit the vet repeatedly and go to the local ER for myself.   

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Sounds like fun.  You might also ask around for anybody willing to testify about previous incidents involving this dog; it might be helpful if you could show the owners had reason to know this dog was dangerous before you were attacked.

[Anonymous]

Two issues:

1.  Liability.  If the owner of property, allowed or otherwise consented to the dog being on premise, then there is a liability.

2.  Ownership.  If all defendants refuse to communicate, then it is approprite to sue all "potential" parties since they are providing no opportunity for reasonable discovery of the facts, nor are they willing to negotiate prior to suit.

3.  Judgement proof.  I would think that if they dog were housed at the property owners home, secured only by the fence, with the owners consent and knowledge, then you should be able to seek recovery from his liability under homeowners.  His homeowners insurance may decide to subrogate and attempt recovery from the true owner of the pet, but the mere fact that the property owner does not own the animal does not relieve him of liability while it is on his property with his consent and knowledge.

Differing states have variations under liability, but these general statements should have some grounds.  Call your local bar association for a referral and ask for a reduced fee initial consult.  Here in my area the initial consult up to 30 minutes is only $20, so that you can at least get an idea on the laws in your state and municipality.

good luck

[Anonymous]

I thought the homeowners policy covered any one on the property, in the car, on the roof, etc.

There really shouldn't be a problem.  Why are they giving you a hard time. Do they have homeowners?

This happened to me years ago when my dog was pregnant and a small person came up the driveway.  She just jumped up and scratched eyelid.   I submitted a claim and they paid.  Case closed.

[Anonymous]

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MattH wrote: 

Sounds like fun.  You might also ask around for anybody willing to testify about previous incidents involving this dog; it might be helpful if you could show the owners had reason to know this dog was dangerous before you were attacked.

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Thanks, MattH.  I did check with a couple of neighbors, and also the mailman (thought he'd be a really good source of info on this dog), but there haven't been any other reported incidents I can discover. 

[Anonymous]

@ txjohn, thanks for the additional advice re: liability of the property owner, and the local bar association referral service.  Sounds like the way for me to go with this.

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@Anonymous wrote:

I thought the homeowners policy covered any one on the property, in the car, on the roof, etc.

There really shouldn't be a problem.  Why are they giving you a hard time. Do they have homeowners?

This happened to me years ago when my dog was pregnant and a small person came up the driveway.  She just jumped up and scratched eyelid.   I submitted a claim and they paid.  Case closed.

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casinoannie97, this incident did happen in the street, so that's why my question about liability. 

But I don't know what their reasons are for giving me a hard time over this (I don't even know these people).   I feel that there is something in this situation that I'm not aware of.  It would seem that the easiest thing to do would be to file a claim with their homeowner's policy.  Hopefully, they have one.  But these days, you never know.

[Anonymous]

I'm just thinking it should be a simple thing for them to call their insurance agent.  It should be like a car accident with you guys exchanging paper work.

[Anonymous]

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@Anonymous wrote:
I'm just thinking it should be a simple thing for them to call their insurance agent.  It should be like a car accident with you guys exchanging paper work.

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Yes, this would be the case between 2 cooperative individuals....but where 1 party is uncooperative, it requires judicial intervention just like an auto accident in which one party refuses to acknowledge fault or will not provide insurance information.

[Anonymous]

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@Anonymous wrote:

Two issues:

1.  Liability.  If the owner of property, allowed or otherwise consented to the dog being on premise, then there is a liability.

2.  Ownership.  If all defendants refuse to communicate, then it is approprite to sue all "potential" parties since they are providing no opportunity for reasonable discovery of the facts, nor are they willing to negotiate prior to suit.

3.  Judgement proof.  I would think that if they dog were housed at the property owners home, secured only by the fence, with the owners consent and knowledge, then you should be able to seek recovery from his liability under homeowners.  His homeowners insurance may decide to subrogate and attempt recovery from the true owner of the pet, but the mere fact that the property owner does not own the animal does not relieve him of liability while it is on his property with his consent and knowledge.

Differing states have variations under liability, but these general statements should have some grounds.  Call your local bar association for a referral and ask for a reduced fee initial consult.  Here in my area the initial consult up to 30 minutes is only $20, so that you can at least get an idea on the laws in your state and municipality.

good luck

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One scenario that I did not discuss:

QUESTION:  What if the neighbor does not own the property and does not have homeowners insurance?

ANSWER:  If the neighbor is a renter, refuses to pay reimbursement and refuses to cooperate, the you need to determine who the landlord of the property is and do 2 things:

1.  Notify the landlord property owner of your circumstance and demand for reimbursement, provding 10 days for reply

2.  Add the landlord to the suit in order to collect under his/her liability or property insurance.