I was recently bit in the face by a dog whose owner lived in Cary, but the attack occurred on the property of a bar in Morrisville.

Quick questions:
Whose insurance would this fall under (the dog owner's or the bar's or both)?
After asserting liability, how would I go about contacting their respective insurance company?
Ultimately, am I looking at hiring a lawyer and going to small claims court? I would like this to be as simple as possible, but will go through the necessary steps.

Thank you, Internet!

6/19/2012 12:27:13 PM

Need more facts. How did you get bit in the face? Where was the dog? Did the owner of the bar allow the dog to be there? What what the owner of the dog doing?

6/19/2012 12:36:27 PM

Potentially both. I'd go ahead and lawyer up.

6/19/2012 12:36:52 PM

Disclaimer: This is not legal advice, please consult with your attorney before you follow any of these steps.

Dog bite cases are difficult to settle by yourself, and they are incredibly difficult to assert in small claims court. That's going to be compounded by the fact that there are two potentially liable parties. You can bring a claim against both, and tell them they need to sort out who's responsible. But chances are, both will say "sorry, I'm not responsible, he is" and then you're still without payment.

As far as contacting their insurance companies, you want to a) file a report (Be it with the police, the bar owner, etc.) b) contact both parties and get their insurance information and contact information and c) contact each insurance company and report your claim. If you're going to get an attorney, I would contact them first, asap, and then let them handle contacting the insurance companies.

Throw in the fact that you're not on the dog owner's property, means there's likely no insurance policy covering him anyways, and then you're going after personal assets, and not an insurance company.

[Edited on June 19, 2012 at 12:43 PM. Reason : ]

6/19/2012 12:42:30 PM

I'll offer up my experience, which may, or may not help

Was running in Umstead last summer and met a guy walking 3 medium to large size dogs on a harness leash towards me on a trail. I thought it'd be cool bc they were on a leash and didn't worry. As I was passing them on the right of the trail, my right, their left, the largest dog in the middle jumps over the dog on his left, between us and bites me on the left side, right above my hip. He got a tooth in and because we were going opposite ways, it tore a gash in my side and bruised up immediately.

The other dogs went nuts and he had to drag them about 50 ft away to calm them down.

The guy walking the dogs was oblivious, kinda laughed and said, "Aww, did he get ya? What happened? It didn't break the skin did it?"

He also said it wasn't his dog, he was watching the dog for his son, who was out of the country, and that it didn't have records because it was a rescue. He said he would pay for any medical bills.

I got his information and filed a report with the park ranger before going to Urgent Care for a tetanus shot and to get it dressed.


Later that week, a friend of mine, who is a doctor, referred me to an attorney. I called and he told me that without an established history of attacks (documented by reports, more than one), there was really no case to sue unless I was horribly injured and incurred substantial medical bills, or something like that. Basically, that it was good that it was documented, but since there was no history of attacks, this was the first one.. Thankfully, no infection stuck around and it cleared up in a few weeks. I had insurance through my company so I was only responsible for $50 deductible and $10 prescription. Total bills were about $350 but I never sent the guy anything. Thinking I should now.

I wonder what the statute of limitations on something like this is? It happened in May of 2011.

6/19/2012 1:11:11 PM

Quote :

"Throw in the fact that you're not on the dog owner's property, means there's likely no insurance policy covering him anyways, and then you're going after personal assets, and not an insurance company."

not quite. my parents were keeping my dogs a couple of summers ago at their beach house (they own the house). my dad took the dogs out to pee, but didn't put leashes on them & they ran up the driveway barking their heads off (STUPID ). there was some realllyy old lady walking her small dog up at the top of the driveway. one of my dogs scared the shit out of her dog, her dog wrapped the leash all around her legs, & she fell & hurt her hip.

both dad & i had homeowner's insurance through the same company, travelers. travelers offered the lady some sort of payout (there was a term for it but i can't remember, it was a few thousand $). she of course ended up with medical bills that cost more than that payout amount so they filed a claim on both of our accounts. travelers told me they were going to put it on dad's bc it was his fault. fast forward several weeks & i get a cryptic letter in the mail saying i've been dropped with no explanation why. i call, they dropped me bc of the dog "bite" claim. we went back & forth over how THERE WAS NO BITE, i didn't have the dog in my possession, i wasn't even there, etc. they didn't care. turns out they ended up putting the claim on my account & not dad's too, without notifying me of any of this. dad eventually was dropped also.

we both had to find new insurance. it was not easy to find someone to carry either of us, but we eventually did. i am now bound to my new insurance provider for 5 years & have to carry a $1M umbrella policy in addition to moving my homeowner's & auto insurance there.

tl;dr - it doesn't matter whose property the dog was on, or even who was caring for the dog at the time. it will come back down to the dog owner.

[Edited on June 19, 2012 at 1:57 PM. Reason : ]

6/19/2012 1:55:00 PM

^ I still think she's right right (and don't quote me on this because it's been a while since basic tort law in law school).

In your case, the fact that the dog's came from your (or your dad's) property is why they were able to hit up homeowners. The fact that the dogs in the OP's story were taken away from their property (purposefully) and to another establishment takes the homeowner's policy out of play. Like you said, the dog owner will more than likely be responsible, but if you're the person doing the suing...you would hope that there's an insurance policy of some type that you can tie it to. Although it would be interesting to know what kind of establishment this is...if they encourage bringing dogs and such. That could ultimately attach the responsibility to them. More facts will be needed.

I could definitely be wrong on that, but that's my recollection.

[Edited on June 19, 2012 at 2:07 PM. Reason : .]

[Edited on June 19, 2012 at 2:08 PM. Reason : .]

6/19/2012 2:05:52 PM

^^Oh, I agree with you there, my point was that the homeowners insurance (if he even has any) may not agree to pay. You may have to hold the dog owner personally liable, not through his or her insurance.

^this.

[Edited on June 19, 2012 at 2:06 PM. Reason : ]

6/19/2012 2:06:23 PM

Quote :

"How did you get bit in the face? "

This is what I am wondering. I would think that if the individual willingly placed their face in close proximity to the dog's mouth, that some fault would lay with the person who was bit and make the case more difficult. The face is a more difficult place for a dog to randomly bite someone than a leg, etc. Or was the dog not in control and it jumped up and bit you on the face? That sort of detail seems like it would be important in court.

Also, did you call the police and file a report with them?

6/19/2012 2:28:51 PM

6/19/2012 4:18:14 PM

Quote :

"This is what I am wondering. I would think that if the individual willingly placed their face in close proximity to the dog's mouth, that some fault would lay with the person who was bit and make the case more difficult. The face is a more difficult place for a dog to randomly bite someone than a leg, etc. Or was the dog not in control and it jumped up and bit you on the face? That sort of detail seems like it would be important in court. Also, did you call the police and file a report with them?"

My dad and I walked the dog earlier in the evening. We headed towards "Oh, Mulligan's" to enjoy a drink. I was sitting in a chair and petting the dog, when it snarled and bit me. The owner (my dad's friend) made fun of the incident, calling me a hemophiliac after my nose wouldn't stop bleeding. I was reeling from the fact that I had gotten bit by a lab. After the fact, I was informed this dog had a problem jumping on and biting people, although I think my attack is the first reported case.

The next day, I got myself checked for rabies and was dressed my wounds with Neosporin. The doctors called Animal Control as per federal law and a report was filed. My face isn't wrecked, just a couple noticeable scars. My friends are shouting sue, but it sounds like getting a lawyer involved would just cost more money and all I really want is the $200 in medical bills to be paid. Maybe I should cut my losses? My dad is also leaning towards a lawyer, mostly due to an incident when he was a kid and his dog cost his dad $5,000 after biting a kid.

^ inorite?

6/19/2012 5:34:07 PM

if it was your dad's friend's dog, maybe try asking him for a few hundred bucks or something? sounds like you've got a better chance of getting something out of it than if it was a random stranger's dog

6/19/2012 5:37:21 PM

Sounds like a tennis ball soaked in radiator fluid is in this dogs future.

6/19/2012 6:37:29 PM

Shit happens. If you were actually hurt I would contemplate doing something but $200? Maybe ask your dads friend to throw you some money but sueing someone for something petty like this would be ridiculous.

6/19/2012 7:30:35 PM

I think your best bet is to ask him to cough it up. It's going to be hard to prove you weren't negligent in any way. And even though it's not a real law, there is the notion that every dog gets one free bite. And that does tie in to negligence in a round about way.

Sucks though, and it's a good thing you've got the report filed. Because if it happens again, it'll be a heck of a lot easier to bring a case.

6/19/2012 8:22:19 PM

Your friends must be some greedy assholes. You are seriously considering suing the bar for that? Who cares if their insurance might ultimately pay out, they didn't have a thing to do with it and it would be fucked up if you made them spend a shred of time, money or energy on this situation.

You should ask your dad's friend to reimburse you and if he decides to be a dick about it, you chalk it up to a lesson learned and you don't mess with dogs you don't really really know. That a court of law or an insurance company might give you a payout is beside the point. In my mind, it's morally fucked to go for a cash grab just because our legal system might be screwed up enough to grant it.

Dogs act like animals occasionally. Who would have thought?



[Edited on June 19, 2012 at 10:04 PM. Reason : d]

6/19/2012 9:57:53 PM

^ This. Though if the dog has a history of biting people, it should be put down.

6/19/2012 10:02:17 PM

Wait... you were walking the dog?

If that is the case it is ludicrous to think you have a case at all...

6/20/2012 12:23:04 AM

okay that's done, new question:

my old landlord gave the whole deposit to my roommate, who had lived there longer, even though we were both on the lease, and i paid him half of the deposit when i moved in. now my roommate won't return my phone calls/emails. so basically she stole $450 from me. i'm obviously not hiring a lawyer over this, but is there anything at all i can do here?

6/20/2012 2:35:12 AM

Send a sternly worded certified letter quoting the statute that says they have to pay you back your portion of the deposit.

Small claims court.

Those are really your only options.

6/20/2012 11:59:40 AM

Can we go back to spontaneous

I feel like that situation can only get more entertaining

6/20/2012 12:13:57 PM

Sorry, Ernie. Low mileage story this time.

6/20/2012 6:41:12 PM

Ask your dad's friend for the money to pay for your medical bills. If you treated it with neosporin, don't bother with small claims over this. It's really not worth the time and effort on your part. If the owner doesn't pay you, call him an ass hole and move on. You've already reported his dog to animal control, that's about the most you can do other than request the medical payment. A lawyer is 100% not worth it because your nose injury won't garner enough money from the insurance company to pay for the lawyer.

6/21/2012 11:05:56 AM

Calling animal control is a fucking shitty thing to do in a situation like this, it isn't like this dog chased you down in the street and bit you.

6/21/2012 6:14:21 PM

Federal law. All dog bites have to be reported to animal control to make sure the dog doesn't have rabies, which is 100% fatal. It's kind of a big deal.

6/21/2012 6:40:07 PM

If it is someone's pet that nipped you I have a feeling it doesn't have fucking rabies.

6/21/2012 8:14:30 PM

Being a sue happy faggot who tries to extort money out of people is also a big deal.

6/21/2012 8:37:56 PM

Ok, on to a new topic:

My girlfriend was living with me for a while, I found out she was cheating on me, I kicked her out and she moved in with the guy. About a month later (friday) she called me crying saying he was beating her. She wanted to know if she could stay with me for a few days until she found somewhere else to go, so I picked her up. She stayed the weekend, then said she was going to go back to her dads house. I dropped her off at her dads Monday afternoon on my way to work, and left her my spare key so she could borrow her dads car and get her stuff. She called me at work and said she was going back to her boyfriend and she left the key on top of the door frame at my apartment. I got home Monday night, the key was where she said it was but my apartment was unlocked and cleaned out...3 guns and my tv...about $3000 worth of shit. She swears she didn't do it, I'm 99.999999% sure she did. I'm also convinced it was a setup with her and her boyfriend, that they planned it out. I immediately called the police, reported it and all that shit. My question is, if they can't prove that she did it, can I sue her for negligence; leaving the key in a publicly accesible area, and therefore hold her at fault for my losses?

6/28/2012 3:12:05 AM

you deserve it for being a dumbass

6/28/2012 6:52:23 AM

Contributory negligence would bar your claim, if you ever had one, especially since she told you she was leaving a key outside.

Should just make a claim on your insurance.

6/28/2012 7:33:55 AM

c'mon pete!

6/28/2012 9:22:30 AM

Quote :

"c'mon pete! "

6/28/2012 11:11:52 AM

This sounds like a great example of the "stupid tax."

6/28/2012 11:15:30 AM

Quote :

"you deserve it for being a dumbass "

6/28/2012 11:29:25 AM

do you know where the boyfriend lives? can you find out? you should get someone else to go see if her car is there at night in a few days.



how much stuff did she have to stay the weekend that she had to come back for it?

[Edited on June 28, 2012 at 1:20 PM. Reason : ]

6/28/2012 1:19:35 PM

Did the police get the SNs of the guns in case they start showing up at pawn shops? (Is this even a thing or have I seen too many TV shows?)

6/28/2012 1:26:37 PM

Yes, pawn shops are used to working with the police. That's how we got back the boy's stolen bicycle.

6/28/2012 1:33:09 PM

4 of my 6 stolen firearms showed up in a pawn shop. they were located by serial number.

6/28/2012 1:47:39 PM

Quote :

"This sounds like a great example of the "stupid tax.""

How many people in that other thread told you not to contact her again?

6/28/2012 2:03:45 PM

Quote :

"How many people in that other thread told you not to contact her again?"

In his defense (and I don't know him but just speaking generally) it's easier said than done and hindsight is 20/20 (or 50/50 as a coworker has said).

6/28/2012 2:13:41 PM

It's not hindsight if you specifically ask for advice, people give advice and then you choose to ignore it. That's called foresight.

6/28/2012 2:24:29 PM

Why would someone need six guns?

6/28/2012 2:37:05 PM

zombie apocolypse

6/28/2012 2:42:41 PM

Why would someone not need six guns??

6/28/2012 2:48:21 PM

^^^I asked T.I. the same thing.

[Edited on June 28, 2012 at 2:53 PM. Reason : .]

6/28/2012 2:53:11 PM

Quote :

"It's not hindsight if you specifically ask for advice, people give advice and then you choose to ignore it. That's called foresight. "

This.

6/28/2012 4:11:48 PM

^Well, I misquoted...actually I was just using that as a reference point...but anyway even if someone asks for advice it doesn't mean whatever advice is given is the right thing to do. Not arguing, just saying.

6/28/2012 5:21:49 PM

I gave the cops serial numbers for all the guns and tv. I know where her boyfriend stays, I gave the officer who came out that night phone numbers for her and her boyfriend, but I don't know their address. He said a detective would contact me, and to try and find out the address. I still haven't been called, I called and got my case number and everything, called the detective on the case and left a message, he still hasnt called back.

And yes, it was a dumb thing to do. I cared too much about her and she knew it and took advantage of it.

6/28/2012 7:23:30 PM

Best of luck, sir.

6/28/2012 7:33:22 PM

set em up

6/28/2012 7:33:59 PM