I let my dog in the front yard w/out a leash to go to the restroom. Usually, he is well behaved. But for some reason, he got spooked and bit a jogger running by. He bit him in the leg. Two days later, I got the jogger's doctor bill in the mail for 60 dollars! Nothing was wrong with him, he just got checked out. So now should I pay up, or not. Also, would a personal injury lawyer help in this situation. Thanks.
Generally, you are strictly liable for all dog bite injuries inflicted by your dog, if he wasn't provided. It sounds like the jogger did not provoke him, so you are liable for the injuries.
Do you have homeowner's or renter's insurance? If so, you can turn it over to them to defend.
I'd be careful with the jogger. He can still bring suit. Ask for a release in exchange for payment of the $60 dollars.
You are almost certainly responsible for the bite. Illinois holds dog owners strictly liable for dog bites with only a few exceptions (provocation and trespassing), neither of which appear to be present here.
It sounds like the victim is being extremely reasonable in only asking for medical bills to be paid. You can either report it to your homeowners'/renters' insurance carrier or hire a lawyer to draft a settlement agreement and release for the jogger to sign in exchange for you paying the medical bills.
You could just pay the bills and hope it goes away, but without a release you could be sued later.
Yes, pay him!
As a dog owner, you are responsible for damages and injuries caused by your dog. This would be covered under your homeowner's insurance but the amount is under the deductible. Also, there is absolutely nothing unreasonable about a person that his been bitten seeing his doctor to get checked out and incurring a $60.00 bill. Take responsibility, be thankful that the jogger wasn't injured, and pay the bill.
Steven A. Sigmond
In Illinois there is a statute know as the "Animal Control Act." Basically it is strict liability. If you own a dog and that dog bites someone where they have a right to be your are liable, period. The only defense is provocation. If I were you I would pay the $60.00 in exchange for a release and be done with it, but report it to your insurance.
The first thing you should do is contact your insurance agent for your homeowners insurance and tell them everything about what happened. At this time, you have no obligation to pay the medical bill that was mailed to you. Your insurance company will determine what to do to defend you and/or compensate the other person. If a lawsuit is filed, your insurance company will hire a lawyer to defend you in court. Because of the way most insurance policies are drafted, it is important that you contact your agent or the insurance company to report the claim as soon as possible.
You are both approaching this in good faith, it seems. I agree with my colleague. Give it a try to work it out. A lawyer working for both of you would be a good idea, if he will agree. You will pay the lawyer. Could be a good investment.
Ps I rescued a cat once from a fall and got scratched. Handled it the same way, except I was the lawyer for both of us. It all worked out.
The law regarding dog bites vary from state to state. Since you are in Illinois, heed the advice of Mr. Kasher who is licensed in Illinois. The following Avvo guide should also provide you with some helpful information:
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