Posted: 4/4/2013 11:14:45 AM EDT
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A guy at work had an incident at his house. The cable guy walked through the backyard and his German Shepard bit him. The dog was behind a fence and jumped over it (the fence doesn't cover the whole property.) The cable guy was on his way to work on some box of wires that required him to walk through a yard. My co-worker didn't know the cable guy was going to be there.
Think he's in trouble? (It technically happened on his property.) |
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When my dog bit a kid in the neighborhood, the parents claimed $7000 for plastic surgery and my Allstate homeowners insurance paid for it. But I was required to buy an Umbrella Policy as a result, to supplement my homeowners insurance. The Umbrella Policy covers me for $1 million. It costs me $39 each month.
Ten years later, the kid still had a scar (parents pocketed the cash), but my old Labrador bit another kid who came up to her on her blind side (she was blind in one eye). The parents of the second kid demanded $15,000 for plastic surgery, and Allstate paid up. My dog was then classified as a Dangerous Animal by the local police, and we had to keep her indoors at all times, except to pee. |
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Quoted: A guy at work had an incident at his house. The cable guy walked through the backyard and his German Shepard bit him. The dog was behind a fence and jumped over it (the fence doesn't cover the whole property.) The cable guy was on his way to work on some box of wires that required him to walk through a yard. My co-worker didn't know the cable guy was going to be there. Think he's in trouble? (It technically happened on his property.) I don't know about your state, but usually the bitee has to prove that the owner had some reason to know that the dog was vicious ie had bit before; I don't know about his fence obviously being too small because the dog could clear it complicating matters. I have not bothered with a dog bite case in many many years. |
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No shit?
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His homeowners insurance just got more expensive Posted Via AR15.Com Mobile No, it just got cancelled 
FIFY My homeowners doesn't cover liability with my dags because they are GSD's I've heard of insurance companies that won't insure you if you have "aggressive" or "protective" breeds. screw that. My Dad's car insurance agency wouldn't insure any "performance" car bvack in the 70's and 80's. |
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Your dog bit someone, you're paying. Uhhh ... no. Not that simple, at least in my area. I've had and even tried a few dog bite cases before (on both sides) and there's a lot more to it than "that dog bit me." Some states, mine among them, have the "one bite rule" which basically says that a dog gets one mulligan. If it's never bitten anyone before, then the owner is not on notice and is not liable. At the very least, you'd need evidence of some prior "aggression" from vet records or other police calls. The other thing you need to consider is that this cable guy entered private property and the dog's "turf." There are some localities and perhaps even states that have laws which absolve the dog and its owner of liability if the bite happens on the dog owner's property and the person bitten was there without permission. |
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Quoted: Quoted: Your dog bit someone, you're paying. Uhhh ... no. Not that simple, at least in my area. I've had and even tried a few dog bite cases before (on both sides) and there's a lot more to it than "that dog bit me." Some states, mine among them, have the "one bite rule" which basically says that a dog gets one mulligan. If it's never bitten anyone before, then the owner is not on notice and is not liable. At the very least, you'd need evidence of some prior "aggression" from vet records or other police calls. The other thing you need to consider is that this cable guy entered private property and the dog's "turf." There are some localities and perhaps even states that have laws which absolve the dog and its owner of liability if the bite happens on the dog owner's property and the person bitten was there without permission. I would assume the cable guy was responding to a call |
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Had my dog rip apart a old guys hand that had Alzheimer's that came onto my property
All I was asked by the cops if they could get a copy of his shots, and I was in the clear as long as it took place on my property. I did go over to the guys house to offer to pay (i was going to turn it into my insurance)he wife said no it's his fault you could see her husband Alzheimer's was taking a toll on her |
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Your dog bit someone, you're paying. Uhhh ... no. Not that simple, at least in my area. I've had and even tried a few dog bite cases before (on both sides) and there's a lot more to it than "that dog bit me." Some states, mine among them, have the "one bite rule" which basically says that a dog gets one mulligan. If it's never bitten anyone before, then the owner is not on notice and is not liable. At the very least, you'd need evidence of some prior "aggression" from vet records or other police calls. The other thing you need to consider is that this cable guy entered private property and the dog's "turf." There are some localities and perhaps even states that have laws which absolve the dog and its owner of liability if the bite happens on the dog owner's property and the person bitten was there without permission. I would assume the cable guy was responding to a call Could be, and there could be an easement or whatever that allows him to do what he did ... but the OP says the homeowner didn't know he was there. I can tell you that in my state, if the cable guy came to me wanting to file a PI claim, I probably wouldn't take the case unless he had serious injuries. |
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No shit?
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His homeowners insurance just got more expensive Posted Via AR15.Com Mobile No, it just got cancelled
FIFY My homeowners doesn't cover liability with my dags because they are GSD's Yeah, he said there are 8-10 breeds they don't cover. GSD's being one, usual suspects after that (pits, rotty's, Dobermans, you know all the cool breeds). But my agent is a great guy to deal with (handles all of my insurance home, car, life, etc...) and they have extremely competitive rates. |
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Had my dog rip apart a old guys hand that had Alzheimer's that came onto my property All I was asked by the cops if they could get a copy of his shots, and I was in the clear as long as it took place on my property. I did go over to the guys house to offer to pay (i was going to turn it into my insurance)he wife said no it's his fault you could see her husband Alzheimer's was taking a toll on her That's a terrible disease man. |
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His homeowners insurance just got more expensive Posted Via AR15.Com Mobile No, it just got cancelled
FIFY My homeowners doesn't cover liability with my dags because they are GSD's Yep, they have a prohibited breed list: Pit Bulls & Staffordshire Terriers Doberman Pinschers Rottweilers Chows Great Danes Presa Canarios Akitas Alaskan Malamutes German Shepherds Siberian Huskies Wolf-hybrids Or a mix of any of the above List |
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A guy at work had an incident at his house. The cable guy walked through the backyard and his German Shepard bit him. The dog was behind a fence and jumped over it (the fence doesn't cover the whole property.) The cable guy was on his way to work on some box of wires that required him to walk through a yard. My co-worker didn't know the cable guy was going to be there. Think he's in trouble? (It technically happened on his property.) Did the dog jump over the fence and was running loose? Or did the dog "reach" his head over the fence and bite cable guy? |
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FYI, there are some insurers that don't have breed restrictions. They just ask whether you have dogs, and whether any of them have ever bitten or attacked anyone. USAA is an example.
Also, if you have a carrier with breed restrictions, they're usually based on criteria that only hit well-known breeds (GSD, Rotts, Pit Bulls, etc.). If you want a guarding breed dog, there are plenty of very good choices that will fly right under their radar. |
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Your dog bit someone, you're paying. Uhhh ... no. Not that simple, at least in my area. I've had and even tried a few dog bite cases before (on both sides) and there's a lot more to it than "that dog bit me." Some states, mine among them, have the "one bite rule" which basically says that a dog gets one mulligan. If it's never bitten anyone before, then the owner is not on notice and is not liable. At the very least, you'd need evidence of some prior "aggression" from vet records or other police calls. The other thing you need to consider is that this cable guy entered private property and the dog's "turf." There are some localities and perhaps even states that have laws which absolve the dog and its owner of liability if the bite happens on the dog owner's property and the person bitten was there without permission. That is the way it is here. I was bitten by someone's dog when I was out running on a public sidewalk. The Po told the woman who owned it that this was her one warning. Next time the dog will get a full shot of Fox to the face. |
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A guy at work had an incident at his house. The cable guy walked through the backyard and his German Shepard bit him. The dog was behind a fence and jumped over it (the fence doesn't cover the whole property.) The cable guy was on his way to work on some box of wires that required him to walk through a yard. My co-worker didn't know the cable guy was going to be there. Think he's in trouble? (It technically happened on his property.) Did the dog jump over the fence and was running loose? Or did the dog "reach" his head over the fence and bite cable guy? He jumped the fence. |
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Your dog bit someone, you're paying. There was an incident here last year maybe, a girl was walking her dog on a leash, some dumbass tried to pet it without asking and got bit. The girl wasn't charged or liable for anything since it was on leash, and the guy basically got called a dumb ass by everyone else involved. |
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I can't fathom how you guys can say he's liable.
The cable guy trespassed, unknowingly to the owner, and happen to get bit while doing it. Sounds to me like the guy had a small area fenced off on his property that the dog jumped over. Doesn't matter, as long as it was still on his property. Unless I'm missing something and the dog jumped a fence, then bit a guy on a sidewalk or something. |
| Had no fence in my front yard in college. Dog was tied so she could only get around in my yard. Guy came to read the meter didn't announce himself, call, or anything. Well he tried throwing treats. She doesn't tale food from strangers. He walked into the yard got bit. Animal control came out said it was his fault she was protecting her home. Watched how well the dog listened. Checked her health. Came back in a week or two and checked her health and that was that. |
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When my dog bit a kid in the neighborhood, the parents claimed $7000 for plastic surgery and my Allstate homeowners insurance paid for it. But I was required to buy an Umbrella Policy as a result, to supplement my homeowners insurance. The Umbrella Policy covers me for $1 million. It costs me $39 each month. Ten years later, the kid still had a scar (parents pocketed the cash), but my old Labrador bit another kid who came up to her on her blind side (she was blind in one eye). The parents of the second kid demanded $15,000 for plastic surgery, and Allstate paid up. My dog was then classified as a Dangerous Animal by the local police, and we had to keep her indoors at all times, except to pee. A lab? That's unpossible! |
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His homeowners insurance just got more expensive Posted Via AR15.Com Mobile Some insurance companies will no longer insure for animals for this very reason. Common dog breeds that are often considered uninsurable include: Akita Alaskan Malamute Chow Chow Doberman Pinscher German Shepherd Pit Bull Presa Canario Rottweiler Siberian Husky Staffordshire Bull Terrier Wolf hybrids |
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That is the way it is here. I was bitten by someone's dog when I was out running on a public sidewalk. The Po told the woman who owned it that this was her one warning. Next time the dog will get a full shot of Fox to the face. I had a case like that a few years ago (I represented the plaintiff), but in my case, I FOIA'ed records that showed that the same dog bit a Chinese food delivery guy the year before - so that dog's one "mulligan" had already been used up. I won. As an aside, if a dog is actually in the process of trying to bite you, you're welcome to give it a shot of Fox (or a bullet) to the face, regardless of whether it's ever bitten someone else before. 
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Quoted: read the first post ain't no one etcQuoted: Quoted: Your dog bit someone, you're paying. Uhhh ... no. Not that simple, at least in my area. I've had and even tried a few dog bite cases before (on both sides) and there's a lot more to it than "that dog bit me." Some states, mine among them, have the "one bite rule" which basically says that a dog gets one mulligan. If it's never bitten anyone before, then the owner is not on notice and is not liable. At the very least, you'd need evidence of some prior "aggression" from vet records or other police calls. The other thing you need to consider is that this cable guy entered private property and the dog's "turf." There are some localities and perhaps even states that have laws which absolve the dog and its owner of liability if the bite happens on the dog owner's property and the person bitten was there without permission. I would assume the cable guy was responding to a call Still seems like he had a legal right to be there to access the box. supposed it depends on whether it's strict liability or one bite in OP's state
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I can't fathom how you guys can say he's liable. The cable guy trespassed, unknowingly to the owner, and happen to get bit while doing it. Sounds to me like the guy had a small area fenced off on his property that the dog jumped over. Doesn't matter, as long as it was still on his property. Unless I'm missing something and the dog jumped a fence, then bit a guy on a sidewalk or something. He didn't trespass, he has an easement. That's how the utilities are there. Safety protocols for the company typically is to go to door and notify owner. If not home, go to yard and scan for dogs. If no dogs or they're judged to be secure, then enter. If not, look for another path. If no access, notify owner of need to enter next day. Owner says no? We have a department just for that and they WILL arrange for access. |
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Quoted: Quoted: I can't fathom how you guys can say he's liable. The cable guy trespassed, unknowingly to the owner, and happen to get bit while doing it. Sounds to me like the guy had a small area fenced off on his property that the dog jumped over. Doesn't matter, as long as it was still on his property. Unless I'm missing something and the dog jumped a fence, then bit a guy on a sidewalk or something. He didn't trespass, he has an easement. That's how the utilities are there. Safety protocols for the company typically is to go to door and notify owner. If not home, go to yard and scan for dogs. If no dogs or they're judged to be secure, then enter. If not, look for another path. If no access, notify owner of need to enter next day. Owner says no? We have a department just for that and they WILL arrange for access. Yep! There's a deeded easement, 24/7 access... it's only safety protocol/courtesy to knock on the door. |
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I can't fathom how you guys can say he's liable. The cable guy trespassed, unknowingly to the owner, and happen to get bit while doing it. Sounds to me like the guy had a small area fenced off on his property that the dog jumped over. Doesn't matter, as long as it was still on his property. Unless I'm missing something and the dog jumped a fence, then bit a guy on a sidewalk or something. He didn't trespass, he has an easement. That's how the utilities are there. Safety protocols for the company typically is to go to door and notify owner. If not home, go to yard and scan for dogs. If no dogs or they're judged to be secure, then enter. If not, look for another path. If no access, notify owner of need to enter next day. Owner says no? We have a department just for that and they WILL arrange for access. Yep. So many people think their little spot in a sub division is all their's and no one is to get on "their property." There are easements all over the place. We deal with them all the time, I treat lakes and ponds and have access to all of our ponds in subdivisions through easements, if people don't like me driving my truck and boat through their yard......too fucking bad. Can't build a fence to keep me out either  I love easements because people suck, yeah we all want our pond treated but no one wants to allow us access, that's cool, we will get the original property layout and find out access.
I have been bitten by a couple dogs, both were tiny ankle biters and I just kicked one and scared the other one off, bitched at the owner and went on my way. I was stalked by two pit bulls once while walking around a pond in a sub division, I turned around to face them and they stopped, I thought I might have to shoot one or both if I couldn't get back to my truck but the owner came out and got them, they weren't fenced and followed me into someone elses yard. If the cable guy was scheduled to be there, then yes the guy is liable. If he wasn't and there wasn't an easement which is possible since it's cable on the house then I would say not so much but the odds are since they don't normally show up for no reason. |
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One house I owned and lived in had a 5+ foot wall around the yard and the neighbor had two GSDs which would jump to the top of the wall and try to bite anyone in my yard who got near the wall. Complaints didn't motivate the neighbor's to train the dogs better so I took matters into my own hands and cured the problem and after a few training sessions the dogs stopped the behavior. I won't go into my training methods.
Friend of mine once had a Doberman that bit someone. Homeowner's Insurance paid out $15,000 about 30 years ago. Just went with another insurance company for my current house and they asked if I had a dog, I don't so I didn't get any other details but it was the first time I remember an insurance company asking me. In Michigan, you can shoot a dog that attacks you and I believe you are protected from a suit in that case. Law from 1919. |
| Any Utility company has a right to enter your yard to address their equipment. That is an open invitation. You cant even stop them if you wanted. Cable guy is in the right. Owner is liable. Now if the person does something that is not in the scope of their work, then they on their own. |
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Yep, they have a prohibited breed list: Pit Bulls & Staffordshire Terriers Doberman Pinschers Rottweilers Chows Great Danes Presa Canarios Akitas Alaskan Malamutes German Shepherds Siberian Huskies Wolf-hybrids Or a mix of any of the above List Seriously, every Great Dane I've ever been around (about a dozen) were about as gentle as they come. If they're around food, you'd probably drown from the drool. |
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I can't fathom how you guys can say he's liable. The cable guy trespassed, unknowingly to the owner, and happen to get bit while doing it. Sounds to me like the guy had a small area fenced off on his property that the dog jumped over. Doesn't matter, as long as it was still on his property. Unless I'm missing something and the dog jumped a fence, then bit a guy on a sidewalk or something. Look at a plot drawing of your property, most have utility easements that can't be built on... fences included. |
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Quoted: A guy at work had an incident at his house. The cable guy walked through the backyard and his German Shepard bit him. The dog was behind a fence and jumped over it (the fence doesn't cover the whole property.) The cable guy was on his way to work on some box of wires that required him to walk through a yard. My co-worker didn't know the cable guy was going to be there. Think he's in trouble? (It technically happened on his property.) How badly was the cable guy hurt? If the dog bit him and it didn't break the skin, he has nothing to worry about. If the dog bit him and he's in ICU with muscle damage and severe blood loss, he may have a problem... |
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I would sue the cable guy for trespassing, give the dog a treat and pat on the head. Dont come onto the property if the owner doesnt know your coming.  Implied consent to enter property to work on lines/boxes/ect the second you got cable/elec/gas/telephone. Pretty dang standard.
Enter a fenced in yard with a dog, you're probably OK, dog jump the fence and can roam on property and off property, you're screwed. Dog was fenced in, therefore, a reasonable person with implied permission to enter property to work on utilities would assume it was restrained and could access the unfenced area to work. Dog jumps fence [likely not the first time], bites person. 95% finding of liability. |
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Homeowner's insurance and dog breeds---- if it helps anyone: State Farm doesn't care what breed your dog is (except Pit Bulls in Ohio because of Ohio state law....)
"A dog’s tendency to bite depends on such factors as heredity, obedience training, socialization, health, and the victim’s behavior. There are good dogs and bad dogs within every breed, just as there can be responsible and irresponsible owners of each breed. State Farm *does not refuse insurance based on the breed of dog a customer owns but does require policyholders to answer questions about their dogs’ history on a homeowner insurance application. *The state of Ohio has determined that the pit bull meets the definition of a "vicious dog”. As a result, the owners of pit bulls or any American Staffordshire terrier mix are subject to specific requirements to protect the public from injury by these animals. State Farm does not provide coverage under its homeowner’s policy in the state for this breed of dog." I asked about it myself, because we are a Dobie kinda house, and I didn't want any surprises. State Farm had no issues with me having Dobies. |