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Asked about 1 year ago - Philadelphia, PA
Flagmy in laws came to my home with their children and 1 year old neice . everyone was outside except for my children . my in laws let their 10 year old daughter take their neice in the house . while attempting to give my dog food he lunged as she pulled the food away and bit the 1 year old in the face . i immediately took her to the hospital and turned my dog over to authorities . now i am being sued . i did not know the child was in the home nor did i know she was being watched by the 10 year old. the dog did not have a history of attack and was a little over a year old . what is my responsibility ? what is my in laws responsibility ?
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This sounds like a complicated scenario not easily amenable to an answer. You need to turn this entire matter over to your renters or homeowners insurance company. They have a duty to investigate the matter, defend you and indemnify you if necessary. Facial bites to young children are especially egregious and can result in larger verdicts. If you are uninsured, I suggest you retain a civil defense attorney to represent your interests.
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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.
You need to turn this over to your homeowner's insurance company right away. There may by a number of things that can occur over the course of litigation, including possible defenses, but getting it in the hands of your carrier must be your starting point. If you do not have insurance, and you received suit papers, you need to get the complaint answered within the time period set by state law.
This is not to be considered creating a lawyer-client relationship. These questions are for general purposes only.
I agree that you need to turn this over to your homeowner's insurance company but I also suggest that you speak with a local attorney. The Pennsylvania Bar Association can give you a referral: www.pabar.org