I just got a call from my mother saying that one of the pesky neighbor kids was over to see my little brother. We have a TINY datsun who doesn't like kids all that much, and supposedly the dog bit the kid's leg. No big deal at all, but the kid's parents say that it's swollen. Both my parents say they didn't see any type of swelling. They demanded that my parents would pay for the hospital bill.
Right now my dad is in the ER with the kid and his dad.
I have a strong feeling they are setting us up for some "emotional distress" lawsuit. The dog had his rabies shot, so I'm not concerened at the boys health.
Any advice I could forward to my parents as to how to avoid a junk lawsuit that could potentiall break them?
Thanks in advance.

datsun?

Most of them have rusted away by now.

Quoted: datsun? Most of them have rusted away by now.

arrgg ya know what i mean, those wiener dogs

Isn't your homeowner's insurance supposed to take care of your liability?

Their homeowners insurance should cover it.  Also, the parents of the victim would be well within their rights to demand that the dog be destroyed.  They should however at a minimum expect to get sued.  It is not at all unreasonable to expect that they should pay any medical bills.

I'm interested in how this situations plays out...

I hope it all works out well for you.

Call the cops. They'll shoot it...oh, wait, sorry, wrong thread.



No, seriously, your dad needs to be very QUIET while he waits at the hospital. After a doctor has seen the kid and spoke with the family, your dad needs to have a one-sided conversation with the family, as in "they talk, he listens". If he feels a lawsuit coming on, clam up and lawyer up. Otherwise, hopefully this could be resolved amicably.



Sad that we gotta get lawyers involved when a yap-dog bites somebody.

Lockedon,

Has the dog ever bitten anyone before?  You mention it does not like kids.  Any previous problems with the dog and kids?

Whether or not your parents should pay the hospital bill is debatable.  But if someones dog bit your child, assuming your child was not messing with the dog or somewhere they should not have been, wouldn't you want the bills paid?  But your parents should NOT tell the parents they have had prior concerns about the dog or that the dog has bitten anyone before.  Do your parents have homeowners insurance?

(Damn, you people are fast)

Depending on local laws, you might want to prepare yourself emotionally for the possibliity that they might have the right to demand your dog be euthenized.  (It's probably unlikely, but you never know what goofy local laws might be on the books).  Let's hope not!!

My advice would be for your parents to be (or act) as concerned as possible for this kid and his parents.  Even if it seems like a small and insignificant bite to you, a kids parents might still be freaked out over it.  I suggest agreeing to something reasonable, like  the emergency room cost (or their insurance deductible, or whatever) - if they ask for it.  When people get all worked up and freaked out (like concerned parents who think their kid is hurt) it's probably the worst time to act like a tough guy.

Unless these people are total assholes, I'd imagine that concern and willingness to be reasonable on your parents part would greatly alleviate any chance of lawsuits and stuff like that.

In terms of avoiding a lawsuit, if they asked for the ER cost, your dad might want to write up a quick little "contract" on a napkin or whatever - and aks the other dad to sign it.  Something that says that they if your dad pays for the ER visit, they don't hold you responsible for anything futher.    I dunno - I'm certainly not a lawyer - but I do teach negotiations, hence my recommandation to avoid anything that would turn this into an adversarial scenario unless the other side is completely unreasonable.

On the up side, I think that most lawsuits like this "emotional distress" stuff get thrown out of court - if it really is just a scratch, and is not swollen or infected, and there was no gross negligence, I'd probably not worry about it.

Homeowner's should cover it. They are within their rights to demand that the dog be destroyed, just as they are within their rights to demand that you shit rubber nickels and blow pink smoke out your ears. Just keep quiet, nobody in the family should say anything to anybody except your insurance Co. or lawyer except that IF the dog bit the boy, you'll pay WHATEVER IS APPROPRIATE; although an offer to pay medical bills will not be admissible in court. PM me if it looks like it's getting out of hand.

ETA: § 767.04.  Dog owner's liability for damages to persons bitten


  The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners' knowledge of such viciousness. However, any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person's negligence contributed to the biting incident. A person is lawfully upon private property of such owner within the meaning of this act when the person is on such property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or when the person is on such property upon invitation, expressed or implied, of the owner. However, the owner is not liable, except as to a person under the age of 6, or unless the damages are proximately caused by a negligent act or omission of the owner, if at the time of any such injury the owner had displayed in a prominent place on his or her premises a sign easily readable including the words "Bad Dog." The remedy provided by this section is in addition to and cumulative with any other remedy provided by statute or common law.


§ 767.12.  Classification of dogs as dangerous; certification of registration; notice and hearing requirements; confinement of animal; exemption; appeals; unlawful acts


  (1) (a) An animal control authority shall investigate reported incidents involving any dog that may be dangerous and shall, if possible, interview the owner and require a sworn affidavit from any person, including any animal control officer or enforcement officer, desiring to have a dog classified as dangerous. Any animal that is the subject of a dangerous dog investigation, that is not impounded with the animal control authority, shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and resolution of any hearings related to the dangerous dog classification. The address of where the animal resides shall be provided to the animal control authority. No dog that is the subject of a dangerous dog investigation may be relocated or ownership transferred pending the outcome of an investigation or any hearings related to the determination of a dangerous dog classification. In the event that a dog is to be destroyed, the dog shall not be relocated or ownership transferred.

  (b) A dog shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was unlawfully on the property or, while lawfully on the property, was tormenting, abusing, or assaulting the dog or its owner or a family member. No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.

  (c) After the investigation, the animal control authority shall make an initial determination as to whether there is sufficient cause to classify the dog as dangerous and shall afford the owner an opportunity for a hearing prior to making a final determination. The animal control authority shall provide written notification of the sufficient cause finding, to the owner, by registered mail, certified hand delivery, or service in conformance with the provisions of chapter 48 relating to service of process. The owner may file a written request for a hearing within 7 calendar days from the date of receipt of the notification of the sufficient cause finding and, if requested, the hearing shall be held as soon as possible, but not more than 21 calendar days and no sooner than 5 days after receipt of the request from the owner. Each applicable local governing authority shall establish hearing procedures that conform to this paragraph.

  (d) Once a dog is classified as a dangerous dog, the animal control authority shall provide written notification to the owner by registered mail, certified hand delivery or service, and the owner may file a written request for a hearing in the county court to appeal the classification within 10 business days after receipt of a written determination of dangerous dog classification and must confine the dog in a securely fenced or enclosed area pending a resolution of the appeal. Each applicable local governing authority must establish appeal procedures that conform to this paragraph.

(2) Within 14 days after a dog has been classified as dangerous by the animal control authority or a dangerous dog classification is upheld by the county court on appeal, the owner of the dog must obtain a certificate of registration for the dog from the animal control authority serving the area in which he or she resides, and the certificate shall be renewed annually. Animal control authorities are authorized to issue such certificates of registration, and renewals thereof, only to persons who are at least 18 years of age and who present to the animal control authority sufficient evidence of:

  (a) A current certificate of rabies vaccination for the dog.

  (b) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign at all entry points that informs both children and adults of the presence of a dangerous dog on the property.

  (c) Permanent identification of the dog, such as a tattoo on the inside thigh or electronic implantation.

The appropriate governmental unit may impose an annual fee for the issuance of certificates of registration required by this section.

(3) The owner shall immediately notify the appropriate animal control authority when a dog that has been classified as dangerous:

  (a) Is loose or unconfined.

  (b) Has bitten a human being or attacked another animal.

  (c) Is sold, given away, or dies.

  (d) Is moved to another address.

Prior to a dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the animal control authority. The new owner must comply with all of the requirements of this act and implementing local ordinances, even if the animal is moved from one local jurisdiction to another within the state. The animal control officer must be notified by the owner of a dog classified as dangerous that the dog is in his or her jurisdiction.

(4) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under control of a competent person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting any person or animal. The owner may exercise the dog in a securely fenced or enclosed area that does not have a top, without a muzzle or leash, if the dog remains within his or her sight and only members of the immediate household or persons 18 years of age or older are allowed in the enclosure when the dog is present. When being transported, such dogs must be safely and securely restrained within a vehicle.

(5) Hunting dogs are exempt from the provisions of this act when engaged in any legal hunt or training procedure. Dogs engaged in training or exhibiting in legal sports such as obedience trials, conformation shows, field trials, hunting/retrieving trials, and herding trials are exempt from the provisions of this act when engaged in any legal procedures. However, such dogs at all other times in all other respects shall be subject to this and local laws. Dogs that have been classified as dangerous shall not be used for hunting purposes.

(6) This section does not apply to dogs used by law enforcement officials for law enforcement work.

(7) Any person who violates any provision of this section is guilty of a noncriminal infraction, punishable by a fine not exceeding $ 500.

§ 767.13.  Attack or bite by dangerous dog; penalties; confiscation; destruction


  (1) If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time, or impounded and held for 10 business days after the owner is given written notification under s. 767.12, and thereafter destroyed in an expeditious and humane manner. This 10-day time period shall allow the owner to request a hearing under s. 767.12. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure.

(2) If a dog that has not been declared dangerous attacks and causes severe injury to or death of any human, the dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time or held for 10 business days after the owner is given written notification under s. 767.12, and thereafter destroyed in an expeditious and humane manner. This 10-day time period shall allow the owner to request a hearing under s. 767.12. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. In addition, if the owner of the dog had prior knowledge of the dog's dangerous propensities, yet demonstrated a reckless disregard for such propensities under the circumstances, the owner of the dog is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(3) If a dog that has previously been declared dangerous attacks and causes severe injury to or death of any human, the owner is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition, the dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time or held for 10 business days after the owner is given written notification under s. 767.12, and thereafter destroyed in an expeditious and humane manner. This 10-day time period shall allow the owner to request a hearing under s. 767.12. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure.

(4) If the owner files a written appeal under s. 767.12 or this section, the dog must be held and may not be destroyed while the appeal is pending.

(5) If a dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of the attack, the owner is not guilty of any crime specified under this section.

You're a long from having your dog killed.

I got strong feelings about people controlling their dogs.  (You could do  a search if it worked and see that).  If your dog was larger and capable of injury I'd be on you like white on rice about controlling your pet.

But this is stupid.  I mean, a dachsund is incapable of seriously injuring anyone.  

I was probably hurt worse by a neighbors cat when I was 3 than this kid was by a dachsund (yeah, I still got the scars but I happen to love cats still).

If it were me, I'd tell the parents sorry.  Nothing more.  If the kid truly has physical injuries then go from there.  See what the ER writes it up as.  If they are claiming mental anything - tell them to FOAD.  People like that aren't good neighbors anyway.

Shoot the stupid dog, apologize to the parents and the kid, and give them some money for their trouble.

Or, be a bitch.

This happened to my folks around fifteen years ago. They had a dog that the neighbor kids were teasing (the dog was inside a fenced yard and the kids were kicking the fence, throwing things at it, and reaching through the fence to slap the dog, in short, they were SHITHEADS). The kids' parents claimed one of the children was bitten, which my folks disputed. The police were called and the dog was required to be placed in quarantine for a week or so. In the mean time, the neighbors started whining about litigation, so this was turned over to my folks' homeowner's insurance (Allstate). Allstate attempted to settle, but my folks continued to dispute the dog bite claim and Allstate finally gave the neighbors exactly what they deserved -- NOTHING.

What's with all this "they have a right to ask that the dog be destroyed" crap?

Are we on some kind of dog-killing spree here tonight? The dog was in its own house, no?

I'd say if they ask that the dog be destroyed, you tell them that little fifi was killed the next day in a tragic boating accident, and this was fifi's brother, who had been away visiting family at the time.....

I understand the concept of destroying a habitual violent offender, but that's just silly for a daschund.

Quoted: What's with all this "they have a right to ask that the dog be destroyed" crap? Are we on some kind of dog-killing spree here tonight? The dog was in its own house, no?

I don't think anyone is saying it's a good idea - just that some local laws may give the bitten party the right to demand it.

When a dog bites a human the victim can have it declared a dangerous animal and it is destroyed.  This applies in I think all states. Your house, the street, the front yard it does not matter.  The dog is always wrong with the only exception being that the person bitten was committing a criminal act at the time of the biting. The courts will enforce the euthenasia order.

This applies in I think all states.

Nope.

awesome thanks so much for the help guys. So I should have anything to worry about? Homeowners insurance will cover it, even if they try to sue?
I hope this will all end tonight and never be mentioned again.
Thanks again.

Put it down, it bites kids.

Those are the Florida statutes in my post. Yes, homeowner's covers if you are liable, whether or not suit is filed. If the insurance co thinks you are responsible, they will try to settle before suit is filed. Homeowner's won't help the kid overcome the cultural castration his parents apparently have in mind for him. Poor little bastard.

Last time I saw this with a court stepping in the dog was locked up for 2 weeks then released.  Now if it bites again it will be put down.

Well, the court would have to find a substitute dog to execute. Like others have said, I like my dog more than I like most people. OTOH, my dog has never offered to bite anyone.

There have been high-profile cases where some mean dog in a densely populated area bit someone; I understand the logic behind ordering those dogs put down. I also understand shipping the dog to your cousin's house for a few weeks 'til everything calms down.

I guess from now on I'll just explain to visitors that if my dog growls at them, it means that they have offended me, and they are no longer welcomed and therefore trespassing.

I had a problem awhile back when I got bit by a dalmation.  The owners wanted to be dickheads about it.  The main reason I didnt get that dog destoryed was its my friends brothers and he is renting the house from thier famaily.  They didnt have thier dog on a chain and latley they have kept it in the fenced back yard,  Im hoping to catch it in the street sometime .

That little dog biting someone is stupid though, I might could understand consern if it was a larger dog.

Quoted: datsun? Most of them have rusted away by now.

That was funny as hell!


Sad, sad world we are living in.
Getting mauled by a pit bull is one thing, but a bite from a Dachshund? Hell I got my share of dog bites as a kid growing up in a sub-division and all we did was make sure the dog was vaccinated and went on about our business.

Sounds like some swell neighbors.




my sister had a Dachshund for 16 years.
Hope everything works out. Keep us posted.

Quoted: Isn't your homeowner's insurance supposed to take care of your liability?

Thats what I was thinking. I would certianly be reading my policy.

Ourt Akita bit this teenager about 3 years ago.

Little history on the teenager: neglected by parents, on ritalin, cops always at their house cause he tried to blow up a toilet at school, set a fire at school, mutilates himself, his dad a FED, etc.

He got into our backyard and strted yanking on the dogs tail and trying to spin her around. The dog subsequently bit him pretty good drawing blood, but no stitches required. His mommy, having to drive from her work and daddy on some assignment, took him to the ER. The Dr., by law had to report it to the doggie jbt's. Our dog had to be quarantiened for 10 days and her being on a database for vicious dogs.

The parents, undertanding of how fucked up the kid was, didn't sue. The kid had apparently been bitten like 6 times by various dogs.He has also hurt kittens and other small animals.

Last I heard his parents were in deep for some big windows he blew out with a bb gun.

I can see a suit from a pit bull bite but a weiner dog?
When I was kid I got bit by few dogs. Some big, some small. I figured it out.

What are you doing looking at a Datsun's Wiener?

Dog Bite = $7,500  minimum settlement  

I'am pretty darn sure they won't kill your dog, if this is the first bite. They usually persue dogs with multiple bites.  Alot depends on other factors such as, severity of injuries and the circumstances involved.

As far as insurance, be careful, some insurance companies require that you tell them you have a dog, if he is not down on the policy, not sure if they'll cover.  I guess if it came down to it, you could say you just got him or maybe it's a relatives dog or maybr not.

Good luck in any event.

Quoted: When a dog bites a human the victim can have it declared a dangerous animal and it is destroyed.  This applies in I think all states. Your house, the street, the front yard it does not matter.  The dog is always wrong with the only exception being that the person bitten was committing a criminal act at the time of the biting. The courts will enforce the euthenasia order.

I do not believe you are correct.  The bitten party can not declare a dog vicious.  I believe most states give a dog "one free bite"  And I believe, hold on to your hats some of you won't like this, only an Animal Control Officer or a Law Enforcement Officer can declare a dog as being vicious. (At least in the field, a court I'm sure could later)

Daschunds are very nice animals, but whoever posted that they could not possibly hurt a person is also wrong.  Did you know that many Daschunds are not afraid of anything?  They were bred in Germany to go into Badger dens and pull them out.  That right they are hunting dogs, have a very good nose and are fearless.  I love Daschunds and think they are some of the best dogs ever.

They should at least pay the medical bills.  Dogs bites suck and can go alot deaper than you think.

Personnally I think once a dog bites any person it should be destroyed promptly.

Sgtar15

Quoted: They should at least pay the medical bills.  Dogs bites suck and can go alot deaper than you think. Personnally I think once a dog bites any person it should be destroyed promptly. Sgtar15

How about Police dogs?
Did this dog even break the skin? It says it was swollen says nothing of blood or a punture.

Quoted: Dog Bite = $7,500  minimum settlement

Damn I wish I knew this when that Dalmation bit me.  

Quoted: They should at least pay the medical bills.  Dogs bites suck and can go alot deaper than you think. Personnally I think once a dog bites any person it should be destroyed promptly. Sgtar15

Huh?  We are not talking about a mauling here, it was *A* bite. My dog bite a 15 year old boy years ago, unknown to me at the time, this kid kept pestering my dog by pulling his tail and threw a five gallon pail at his face. MY dog should have been destroyed?
I too, was bite a few times as a kid, all unprovoked, but all fairly minor bites, I shook it off and that was it. I agree that they should pay for medical expenses IF the dog was not provoked, as children often do.

Quoted: Quoted: They should at least pay the medical bills.  Dogs bites suck and can go alot deaper than you think. Personnally I think once a dog bites any person it should be destroyed promptly. Sgtar15 How about Police dogs? Did this dog even break the skin? It says it was swollen says nothing of blood or a punture.

It was discribed to me as if one were to rub your knee against asphalt. No blood.

Thanks all the great responses guys.
FLAL1A Thank you very much for giving me those details on Florida law.
Last time I called my dad tonight was around midnight. He was still in the ER. I'll call again tomorrow and give you guys an update.
Thanks again!

IMHO I don't think I would allow children around anymore.

I have 2 bullmastiffs, but if one bit MY kid- it would be at the Humane society the next day. My Kids are paramount.

Also, this isn't the best place to talk about this. On the off chance that that person or someone they know visits this site some comments could possibly hurt you in the long run. Consult a local attourny.

Wow, a couple of things here.  I sell Homeowner's Insurance and am a licensed agent in 42 states, so I know a little about this.

Yes, HO insurance does cover for dog bites.  Hell, they pay out about $5 billion a year to settle these things.  However, DON'T immediately call your insurance company just yet.  Have your parents sit down, talk to the kid's parents, and see if you can reach an agreement.  Get them to honestly admit that perhaps little Junior was partially responsible due to his actions.  Agree to help them with the costs of the ER visit and nothing else.  Sounds very minor, to which you can also get copies from the ER Doctor to help prove.

Write up a letter/agreement that all parties sign stating that you are helping to pay for the ER visit but admit NO liability.  Get copy of Doctor's bill/diagnosis and keep locked up.

If you are out a few hundred dollars, consider yourself lucky.  By not calling the insurance company at all, this will keep your parents from possibly losing their house coverage (many insurors will drop you after a claim like this) or from getting a nice hefty increase in your premium, which will cost you more in the future than what you may have had to pay for the ER visit.

BTW - keep in mind that ALL insurance companies need to know if you have dogs in the house and what breeds they are.  Some breeds are automatic declines (Rotties, Pit Bulls, Akitas, Great Danes, Alaskan Malamutes, Wolf Hybrids, Dobermans, Miniature Dobermans, Siberian Huskies, and a few others).

Is your dog like licensed and is up to date on its shots for like rabies & distemper(sp?)?

Quarantein the dog at the local vet for the obligatory 1 week rabies check. Homeowners insurance will cover all the kids expenses. You shouldn't have to destroy the dog, kid was in their home. It would be different if the dog was roaming the neighborhood or ran the kid down on his bike.

Pay the medical bills.  Anything else they sue for they hire a lawyer, take the court and if they wind up having to pay they can generally file a claim with their homeowners insurance for.. they can even file a claim for the cost of the medical bills with their homeowners insurance.

Quoted: Dog Bite = $7,500  minimum settlement

Bullshit.  My wife got torn up by a pit bull three years ago, and all we got was medical expenses plus $1000.


I shot the SOB afterward, in answer to the inevitable question, and no, it wasn't my dog.

Quoted: Is your dog like licensed and is up to date on its shots for like rabies & distemper(sp?)?

Sorry, Lockedon is busy at the moment, so I'll answer. Yeah, it's up to date on all of it's shots.

guys if i understand lockedon correctly it's a damn *miniature dachshund*

being bitten by a miniature dachshund is akin to suffering a severe mosquito bite.  jeeze

How bad was the bite?

Dangerous Deadly Dachshunds?

little shit eatin ankle bitin dogs like that like to nip.  The child should have kicked the fuckin bejesus out of him.  Been bit by several myself,workin in customers backyards.  They act friendly an when you turn they nip you.  Just wait til the customer turns his back and launch the little shit.

Mostly if you act standup about it by paying the kids bill the whole thing will blow over. A picture of the bite wouldn't hurt down the road if things go dicey.  Just Coddle the parents and take them all out to dinner after the emergency room and then fugitaboutit.

Quoted: They should at least pay the medical bills.  Dogs bites suck and can go alot deaper than you think. Personnally I think once a dog bites any person it should be destroyed promptly. Sgtar15

I highlighted the problem statement in red.  You should stick with things you are good at.

Quoted: How bad was the bite?

This is the question. All you fools submitting that the size of the daschund matters, it does not. What matters is whether or not there was a break in the surface of the skin.