Legal Question in Personal Injury in New York

Dog bite in front of house
I was taking my sister's dog out for a
walk, a boxer, and he got loose and
bit a little girl in front of my parents'
house. My parents (the
homeowners), my sister (the dog
owner), the dog and I (the one that
took the dog out) all reside in the
house. Are we all liability? My
parents have homeowners' insurance
that includes personal liability
insurance, will that protect them if
they get sued? Will the insurance
protect all the residents of the
house?

Asked on 6/02/08, 8:21 pm

2 Answers from Attorneys

Marshall Isaacs Marshall R. Isaacs, Attorney At Law

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Re: Dog bite in front of house

1. HAVE YOUR PARENTS WRITE TO THEIR HOMEOWNER'S CARRIER IMMEDIATELY! If your parents wait too long, the carrier will disclaim based on "untimely notice." Then your parents will have to pay for a personal attorney because your carrier will not provide a defense. I defended an uninsured dog owner and won on Summary Judgment (prior to trial) but it cost my client approximately $20,000.00. If they would lost at trial that amount would have been much greater. Send the letter by Certified Mail or even FedEx. You may even want to pay a private attorney a few hundred dollars to draft and send the letter.

2. A dog owner can only be held liable where the owner was aware or should have been aware that the dog had "vicious propensities." Do not assume that the dog didn't have "vicious propensities" as the courts make this determination on a variety of different factors. Notify your insurance company immediately regardless of how tame the dog was prior to the bite.

Hope this was helpful. Best of luck.

Answered on 6/02/08, 10:09 pm

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