Legal Question in Personal Injury in Arizona
woman fell down on street
My dog was being walked by my husband 1 evening and he stopped and put the leash down to get a rock out of his shoe. Our dog saw our neighbor with her dog and ran over to her and tried to hump her dog. She fell down trying to pull her dog away from ours. No one was bit and dog was not injured. She went to the emergency room for a contusion on her finger and said she is now having back pain. We made a verbal agreement with the woman to pay the $100 deductable for the hospital but now they have filed a police report and we think they are preparing to sue us. Our pet has never hurt anyone and we have been to dog obedience classes with him. What is our liability in this?
1 Answer from Attorneys
Re: woman fell down on street
Dogs must be on leash outside your own property at all times. There is no exception for taking a rock out of your shoe. If she makes a claim, your homeowner's insurance may cover this. Do not make any other offers to her without conferring with the insurance company. If a claim, letter from an attorney or lawsuit comes to you notify your insurance company. Consult an attorney if things progress.
On the one hand, your dog was off leash. On the other hand, the neighbor fell from her own efforts to pull her own dog. Was she clumsy? Was her dog a male or female? Was the interaction of the dogs so dangerous that she had to injure herself? It sounds like she injured her own hand. Your dog did not attack her. Did she overreact? Was her dog in heat? There are many questions.
Good luck.