Legal Question in Personal Injury in Connecticut
Dog bite
While in the dog park my 3 year old
Golden retriever got into a fight with
4 other dogs. One of the owners
went into the mix to pull his dog
away by the collar and got bit on the
hand allegedly by my dog. Although
I was standing right there I did not
see this happen as it was very fast.
As it turns out the man had to go to
the hospital as his hand needed
stitches. I gave him my number and
asked if he would call me to let me
know how he was doing. When we
spoke that night he told me not to
worry that they were dogs and this is
what dogs do. Now 2 months later I
get a letter from his lawyer seeking
to recover damages from me as a
result of the alleged bite by my dog.
How should I proceed? Should I fight
this in court? I know this man as I
went every day to the dog park as
would see him and his dog and we
would talk. He paints houses for a
living and the loss of use of his hand
did impede his ability to work.
1 Answer from Attorneys
Re: Dog bite
These types of claims are usually covered by homeowner's insurance, so you should get in touch with your agent or insurance company to find out who to send the attorney's letter to. The insurance company will provide you with an attorney if the case cannot settle.
You may have some defenses. First, you can claim your dog was not the biter. The guy may have stuck you because yours was the only name he had. That defense will depend on any other witnesses and how credible you are and he is. There may also be a defense under the dog bite statute to the effect that your dog was being teased or tormented. Usually that applies when the person bitten is the teaser or tormentor, so I'm not sure it would apply in your case but it may be close enough.
You can try to negotiate a settlement directly with the attorney, but attorneys almost always want it submitted to insurance, unless you give her/him proof you don't have insurance or that your insurance doesn't cover it.
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