Legal Question in Personal Injury in Virginia
Dog Bite
Our 1 1/2 yr old dog is confined to the house. One afternoon my son and three other children were playing in our front yard by the front door. Our dog got out and more or less nibbed two of the children. All this occurred in our front yard. Both children had very minor injuries more or less scratches. Animal Control was called after the parents of the children took their child to the emergency room. We saw the injury for both children and neither were crying nor required any stitches.
Animal Control deemed our dog protective but not dangerous. We have not had any incidents with our dog nor since this happened. Two months after the incident the parents of the child in question are asking us to pay for medical bill and antibodics needed to treat their child. Are we liable since this happened in our front yard?
2 Answers from Attorneys
Re: Dog Bite
The children who were bitten by your dog were playing in your yard (presumably) at your son's invitation.You failed to exercise the control over your dog necessary to prevent injury to these children. You are therefore legally responsible for any injuries they incurred due to this failure to exercise proper control.
You should consider yourself fortunate that the parents are asking you to cover only the children's medical bill and the bill for the antibiotics.
Re: Dog Bite
Assuming the dog has not done this in the past you may well have no liability until next time, when you will be held liable. In this instance I would recommend you inform your homeowner's insurance carrier as the the threat of a claim would require that you do so, and the policy may well provide a certain type of coverage that may take care of the whole thing anyway.
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