one of our fosters let a dog out leashed to potty and in fear bit a passerby. his medical I'll was $1200 and we are unsure how much his insurance covered. he is seeing the rescue and the foster for $100.000
The owner of the dog (the rescue organization) and the foster carer can both be sued for the dog bite. While $100K for $1,200 in medical bills may be an unrealistic number, your rescue should be consulting with an attorney to respond to this lawsuit. If the rescue has insurance coverage the insurer should have been put on notice of the claim and insurers typically have a duty to defend claims that includes hiring an attorney for the insured. The rescue should have insurance coverage as given the reality of taking in stray and abused dogs, there is a strong likelihood that one day a volunteer or a foster carer will be bitten by a rescue dog.
Any answer provided on the AVVO website is for informational purposes only and does not constitute legal advice for your specific situation. You should always seek legal advice before taking any action which may affect your future rights. Your local legal aid office may well provide information or access to free legal advice and your state bar organization may provide referrals to reputable attorneys who will provide advice on a reduced cost basis.
The rescue's liability may be limited by whatever "good Samaritan" laws TX may have. However, the rescue's insurance carrier and legal counsel should be notified.
The foregoing is for general information purposes and does not establish an attorney-client relationship. Those seeking such a relationship are directed to the contact form on my website.
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