I live in overland park ks. My roommate has a female aggressive medium large dog that bites people including him & she hasn't been fixed, she has bit my son a couple of times and promised me he would bring her to a vet to fix the issue. it turns out he never reported it or took the dog to a vet and she got violent towards me and attacked me leaving serious injuries which sent me to the hospital. If I was alone that dog could have easily killed me, I'm wondering what my options are.
I would call animal control, which will enable you to both report the attacks and have the dog at least temporarily removed. You should also notify the landlord and your renters' insurance company. Beyond that, your roommate is liable for harms caused by his dog. That includes physical and emotional trauma, wages for missed work, and any other expenses and lost income associated with the attacks. A local lawyer who handles personal injury or dog bite cases should be able to help.
".... she has bit my son a couple of times .... she has bit my son a couple of times and promised me he would bring her to a vet to fix the issue. it turns out he never reported it or took the dog to a vet and she got violent towards me and attacked me leaving serious injuries which sent me to the hospital. "
Meaning you failed to act on the TWO prior attacks, and are seriously injured now.
Report the attacks to Animal Control, document ALL your damages, including your son's, and bring the evidence to an attorney versed in personal injury/dog bite law. Use Avvo and/or your county bar association for referrals.
The foregoing is for general information purposes and does not establish an attorney-client relationship.
First: I would get you and your child away from the dog!
Second: You and your child can sue, probably get a judgment, but that does not mean that you can collect anything. Many personal liability insurance policies (but not all) exclude members of the insured's household. A lawyer would need to review the policy to determine if the claim is excluded.
If the dog owner is uninsured or the claim is excluded, a judgment is a hunting license for a sheriff or process server to seize non-exempt property and sell the property to apply the proceeds to the judgment. In Kansas, it is possible for a multi-millioniare to be judgment proof (have their assets set up so they are all exempt or additional collateral for loans against exempt property which must be paid off before the lien creditor can sell the exempt property [see Sproul v. Atchison National Bank, 22 Kan. 336 (1879)]).
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