It would be a very good idea to retain counsel. Although you do not have insurance, any attorney who represents the child will not know that at first and if the child does have a significant injury and you do not defend yourself, or have representation, a default judgement could be entered, and you can be garnished once a judgement is obtained. Since you are without insurance, any attorney fees will be your and your husbands responsibility. I would recommend getting renter's insurance in the future, but make sure your agent knows about the dog bite, so they can cover and not exclude dog bites from future coverage.
Try to retain counsel if sued. If you end up defending yourself and lose they could garnish your wages.
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You can settle directly with them. You can wait and see if you are sued. You can retain your own counsel.
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If a claim is brought against you, you will need to consult with an experienced personal injury attorney.
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Number one rule, stop blaming the victim as a defense, it rarely works and makes you look really really bad. The child wasn't roaming when he got bitten, he was on YOUR property playing with YOUR son, so a duty likely exists with YOU to protect an invitee child on YOUR property from YOUR dog. Mistakes happen, but that doesn't relieve you of your responsibility. Assuming you are sued, you will likely need to hire a lawyer to raise a variety of proper and effective defenses that may exist, or to help make settlement arrangement with the other side. If a judgment is entered against you, it would allow the other people to force payment by things such as garnishment, attachment, levy, and can act as a lien on real or personal property, etc. The other option would be, if suit actually occurs, to file bankruptcy if that is a viable option.
It sounds like you have two options. First, do nothing and see if you are sued later, at which time you can decide if you want to hire a lawyer to defend the case or be defaulted. Second, attempt to settle the mater now. For this option, I suggest you retain a lawyer to draft the release although you might be able to negotiate the matter yourself.
This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed.
Under Florida law, you will most likely be found liable for the injuries sustained by the child. You have the responsibility to keep your dog under control.
I suggest that you reach out to the parents of this child and find out his situation. Perhaps making an offer to pay all or some of his medical bills could help prevent you from being sued. Ideally, if you pay his bills, you should attempt to obtain a release to prevent you from being sued in the future.
When you do move, I respectfully suggest that you purchase renters or homeowners insurance so that you are adequately protected.
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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.
Legal Disclaimer: If this information has been helpful, please indicate below. 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.
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