Certainly there may be some liability for the dog's owner. May depend on whether the dog has vicious propensities and/or how many times this owner has let the dog off its leash. Consult a local PI attorney from the Avvo board.
Ryan Finn * 518.213.0115 * Rfinn@hackermurphy.com * Referrals are the highest form of compliment * Hacker Murphy serves clients throughout New York State and always pays referring attorneys a reasonable referral fee in contingency cases
If you are in the City limits and there is a leash law you have a good argument that the owner is on the hook. Other issues include whether it is a known aggressive breed, or has attacked in the past. You should consult with local counsel.
This response should not be constued as legal advice on how to proceed as our firm does not have enough information to analyze the claim. Further, until we are in an attorney/client relationship we generally do not give specific legal advice.
They would be responsible from your facts. The question is whether they have enough money for you to be compensated from. You need to call a local attorney and speak about that.
NEVER describe your facts in an online forum. I have CONFIRMED there is at least ONE county prosecutor that is a member of this site. My statements are my opinion solely based on the information provided, and that opinion can be wrong if your facts are different than what I believed them to be. If you have any further questions, you can contact me at 636-532-1400 or through my website http://mcmichael-logan.com
Since the dog was unleashed at the time of the attack, it is highly probable that the owner of the dog is responsible. You should talk directly with a competent injury lawyer to learn of your options available. Good luck.
The above information is the opinion of the author only, and should not be interpreted as legal advise. Should you desire a personal consultation to more fully discuss your facts and legal options available, you may contact my office at 928.775.9398.
Absolutely call an experienced personal injury attorney immediately. There are a number of steps that you should take in order to make sure that you're compensated fully and fairly for the injuries you suffered as a result of the dog owner's negligence. For starters, that attorney will likely advise you not to speak with any insurance company, as you may unknowingly make a statement that could hurt any claim you may have. You'll also likely be advised to seek any and all treatment recommended by a health care professional. Your health is the most important thing with which to concern yourself. Your lawyer should then handle the legal aspect of the incident. Good luck to you.
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Missouri Revised Statutes
273.036. 1. The owner or possessor of any dog that bites, without provocation, any person while such person is on public property, or lawfully on private property, including the property of the owner or possessor of the dog, is strictly liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owner's or possessor's knowledge of such viciousness. Owners and possessors of dogs shall also be strictly liable for any damage to property or livestock proximately caused by their dogs. If it is determined that the damaged party had fault in the incident, any damages owed by the owner or possessor of the biting dog shall be reduced by the same percentage that the damaged party's fault contributed to the incident. The provisions of this section shall not apply to dogs killing or maiming sheep or other domestic animals under section 273.020.
2. Any person who is held liable under the provisions of subsection 1 of this section shall pay a fine not exceeding one thousand dollars. The remedies provided by this section are in addition to and cumulative with any other remedy provided by statute or common law.
My comments are general in nature, are not legal advice as to your specific issue, and do not establish an attorney-client relationship. Disregard this solicitation if you have already engaged a lawyer in connection with the legal matter referred to in this solicitation. You may wish to consult your lawyer or another lawyer instead of me. The exact nature of your legal situation will depend on many facts not known to me at this time. You should understand that the advice and information in this solicitation is general and that your own situation may vary. This statement is required by rule of the Supreme Court of Missouri.
It sounds like the owner or keeper of the dog is responsible, however, this needs to be checked with a competent personal injury attorney. Many states have varied the common law and have enacted specific dog bite statutes.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
This ans. does not create an attorney/client relationship.
A personal injury lawyer will go after the dog owner's homeowner's policy. Find a lawyer with a low contingency fee, less than 30% with no costs deducted, so you get the lion’s share of the settlement, not your lawyer.
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