Legal Question in Personal Injury in California
Dog Bite Victim Paid by Homeowners Insurance
A Lady was Bitten by a dog who was being kept by my mother n law and was already paid by her homeowners Insurance Company is now trying to sue My sister n law and I because my sister n law was the owner of the dog but because of living rules she could not take her dog with her when she moved and me because after the bite occured I went and Picked up the dog and took her to my residence and locked her in my Kennel to defuse the situation and when the SPCA picked her up I had to sign the release paper in order for them to be able to take her for quarantine. The lawyer says that put me as owner of the dog and Even though the lady has been paid over 100,000.00 only having a scarred hand is now trying to sue me and my sister n law for 825,000.00. Can she sue anyone even after my mother n law took the responsibility for the dog which was under her guardianship and settled with her for the attack?
3 Answers from Attorneys
Re: Dog Bite Victim Paid by Homeowners Insurance
When she was paid by the insurance company, she should have signed a release preventing her from suing on the same matter.
Re: Dog Bite Victim Paid by Homeowners Insurance
If your mother in law's insurance paid for the loss, the other woman should have had to sign a release. You need to get that release and read it. If the release included language that it was releasing any and all owners of the dog, you would want to provide a copy to the attorney. If the release did not include that language, then you may be liable.
If you are liable, you should report this to any homeowners or renters insurance that you have.
Re: Dog Bite Victim Paid by Homeowners Insurance
Can she sue you?? She did aleady. The proper question is: do you have a defense of her accepting the insurance payment. Turn this over to your insurance company and get that question answered. They are supposed to defend you, and will know what to do. If you are not covered by insurance, you need to hire an attorney ASAP.
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