Legal Question in Personal Injury in Missouri
Hello, I have a question about Missouri/Kansas City, Missouri law. I am a homeowner (the only one listed on the mortgage) but allow my brother to rent out my basement. On July 8th, his then Girlfriend (Amber) and her mother (Shannon) went out to a bar and came home in the early hours of the morning. My brother owned a dog at the time that stayed in the basement. Shannon bent down to the dog (I assume to pet him) and the dog snapped back at her, biting her nose, resulting in 9 stitches at the emergency room. The dog has no history of violence, no police report was filed for this incidence, and Shannon was a little drunk at the time. She is now trying to sue me, the homeowner, for damages caused because it happened on my property. Is she allowed to do this or is this something she will lose in court and have to take it up with my brother, the dog owner?
1 Answer from Attorneys
Unfortunately, the biting victim can sue you under these facts, as a property owner is usually liable for damage done to invitees by animals they allow to remain on the property. Fortunately you can bring in your brother, as a third party out subrogation defendant. That is essentially saying "I may be liable to her, but you are liable to me, because it was your dog
Once your brother realize it would be him that ultimately have up pay, he might convince her to drop the case.
Your homeowners insurance may pay the gal, and then go after your brother, so you couldn't so them, if you wanted too.
Good luck
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