Legal Question in Personal Injury in California
Dog bite
If my son's dog bites someone on my property, what right do I have to see all documentation relating to the injury? Who is responsible to pay for any charges my son or me? my sond does not live at my home.
4 Answers from Attorneys
Re: Dog bite
You would be covered by your homeowners' insurance. Your adult son would be covered by his own homeowners' or renters' insurance.
Re: Dog bite
You do not have any right to see the documents relating to the injury, unless and until you are sued and you request the records through discovery or subpoena.
If you allowed the dog onto your property, you may have some liability for resulting injuries. You also may have a claim for indemnification against your son if you get sued. The facts and circumstances of ever case are different.
In any event, you should turn the matter over to your homeowner's insurance carrier and allow the insurer to investigate the matter. The insurer will likely request medical records and documentation relating to the injury.
If the injured party does not provide the documentation to support the claim, the insurance carrier will probably not pay.
If you do not have insurance, you will need to hire an attorney to review your case and advise you on your potential liability, if any.
Re: Dog bite
You will have liability if the claimant can prove that you knew the dog was dangerous and you did nothing to ensure visitors' safety. If you have homeowner's insurance, you should report the claim to them as soon as anyone makes a demand of you or notifies you they are going to claim or sue.
For a good general discussion of the law of dog bite liability, you can see this web page:
http://negligentdeath.com/article07.htm
Re: Dog bite
You are responsible even if your son does not live there. You have a right to see any documents if a claim is being made against you but you'd better have at least $300,000.00 in liability insurance on your homeowners policy. You would turn over any claims to them to handle.