Legal Question in Personal Injury in New York
Protecting myself from dog bite victim
Four years ago my live-in girlfriend's daughter jumped off a couch onto my dog's back. My dog, who was sleeping, snapped at the little girl a put a small puncture in the childs cheek. The wound needed only 3 or so stitches to fix, and there is little, if any scar apparent today. The little girl has had a history of abusing animals (holding cats down and shoving her finger down thier throats, etc..). My dog, who has since died, had never had a problem with children, and had in fact been excellent around them.
Now over four years later, my ex-girlfriend is back with the girls father, I learn that her father may be suing me over this incident. What rights do I have?
2 Answers from Attorneys
Re: Protecting myself from dog bite victim
The first thing you should do is report the incident to your homeowners insurance company. Although this happened years ago, because the girl is a minor, the statute of limitations has not run. It will be a hard case for the girl's family to win, and they must prove the dog had "vicious propensities" prior to the act, because the child was young, she is left to a lower standard but if they sue, you will need to defend.
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Re: Protecting myself from dog bite victim
If the incident occurred 4 years ago, it is time barred. You should contact your homeowner's insurance carrier about defending you.
Daniel Clement
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