Can I be sued if my dog mauled someone? 17 Answers as of November 08, 2011

I went to the store to get the baby some formula. I was only gone about 30 minutes. When I got back, the baby was crying and had bite marks that were bleeding on her face. I screamed "bad dog, bad dog," and beat my collie with a broom handle so he won't never do bad to the baby again. Am I in trouble?

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Adler Law Group, LLC
Adler Law Group, LLC | Lawrence Adler
Yes. Connecticut has a strict liability law finding dog owners at fault unless the claimant was trespassing , teasing or tormenting your dog. Turn this over to your homeowners asap.
Answer Applies to: Connecticut
Replied: 11/8/2011
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
Yes, you can be sued if your dog mauls someone. You can be sued for failing to supervise, failing to restrain your dog and failing to protect the child. The dog should be put down or destroyed.
Answer Applies to: Iowa
Replied: 11/7/2011
Law Office of Mark J. Leonardo
Law Office of Mark J. Leonardo | Mark Leonardo
I take it the baby is not yours, but the dog is yours. If so, you can be held liable for the injury caused by your dog so long as the victim was in a lawful place. Here's the statute: Civil Code section 3342(a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner.
Answer Applies to: California
Replied: 11/3/2011
The Law Office of Stephen R. Chesley, LLC
The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
As an owner of an animal you are responsible for any acts or harm the animal might cause. If you are sued the plaintiff must show that the dog had a dangerous propensity. IF you have homeowners/renters insurance if a claim is made against you, you should contact them as soon as possible.
Answer Applies to: New York
Replied: 11/3/2011
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
You can be held liable if it can be shown that the dog was vicious; that it bit or threatened someone before or was known to be difficult to control or of a mean temperment. PS: Beating a dog, particularly with a weapon is an extremely bad way of training. From your description, you could be charged with animal cruelty, and you are likely to make the dog's temperment worse, not better. You should enroll in some dog training classes, or at least check out some books & videos from the library.
Answer Applies to: New York
Replied: 11/3/2011
Dwyer, Black & Lyle, LLP
Dwyer, Black & Lyle, LLP | Kevin Habberfield
In trouble? I hope so. You should be in trouble for leaving your baby alone for 30 minutes in the presence of a dog and for animal cruelty. You should never, ever beat a dog or any other animal. The dog had no idea why you did that to him/her so you did not teach your dog anything and probably only made things worse for the future. For all you know your baby jammed its fingers in the dog eye. That might make a dog bite to protect itself. I know I would. You should consider educating yourself on animal behavior or giving the dog up for adoption and not owning one again. It will be best for you, your baby and any animal unlucky enough to have you as an owner. In the future, do not leave your baby alone for 30 minutes, do not leave your dog/baby together so that either of them can get to one another and ideally, do not have a dog.
Answer Applies to: New York
Replied: 11/3/2011
AyerHoffman, LLP
AyerHoffman, LLP | David C. Ayer
There is strict liability for dog bites in Massachusetts. If your dog bites, you are held responsible for the damages. You should contact your homeowner's insurer or renter's insurer to see if you have coverage. The parents of the baby can sue you and will likely succeed. They may seek to have your dog quarantined until it is determined the dog is not infected with rabies or another dangerous communicable disease. The Department of Children and Families may investigate you if it is discovered you left the baby unattended for 30 minutes with the dog. You could face child endangerment charges. If you were seen disciplining the dog, you could be charged with an animal abuse crime for the beating. If the baby is yours you don't have to worry about being sued by the parents (you can't sue yourself), although it is possible the baby may be able to bring suit later due to a tolling of the statute of limitations for injuries to minors.
Answer Applies to: Massachusetts
Replied: 11/3/2011
Joel H. Schwartz, P.C.
Joel H. Schwartz, P.C. | Steven A. Schwartz
In Massachusetts, we have a strict liability statute, which means you, as owner and/or keeper of the dog, are responsible for all injuries caused by your dog. If you have homeowner's insurance, report it immediately and you will most likely have coverage for this. If you do not, you will be personally responsible for all medical bills, pain and suffering, etc. If the parents of this child pursue a claim against you.
Answer Applies to: Massachusetts
Replied: 11/3/2011
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
If you have a vicious dog who has done this before or has shown a disposition to do so you could have problems with social services. Beating a dog might make him more likely to be a problem.
Answer Applies to: North Carolina
Replied: 11/3/2011
Klisz Law Office, PLLC
Klisz Law Office, PLLC | Timothy J. Klisz
You can certainly be sued and the statute is strict liability. Hopefully you have homeowners insurance which will defend you and cover the loss.
Answer Applies to: Michigan
Replied: 11/3/2011
    McKell Christiansen
    McKell Christiansen | Michael McKell
    You would only be in trouble if a governmental entity investigates the situation. I would recommend getting rid of the dog right away!
    Answer Applies to: Utah
    Replied: 11/3/2011
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    I think you should get rid of the dog to make sure that never happens again, or at least keep it outside.
    Answer Applies to: Washington
    Replied: 11/3/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    When your dog bites someone, you are liable. If you have homeowner's insurance, it usually covers the damages. Based on your question, I take it that this is your baby. Usually, when a child is injured, it is the parents who bring suit on behalf of the child. If the mother does not bring suit, and you do not bring suit, you are not likely to be sued. If you do have homeowners insurance, and the injury is severe enough, you may want to get a relative to bring suit on behalf of the child so that the child will have a nice fund when he/she becomes an adult. The child can bring suit when he/she turns 18.
    Answer Applies to: South Carolina
    Replied: 11/3/2011
    The Margolis Firm
    The Margolis Firm | Charles J. Candiano
    You left your infant alone with your dog. Your dog mauled your infant and now you want to sue yourself for negligence. I agree that you were negligent.
    Answer Applies to: Illinois
    Replied: 11/3/2011
    Richard E. Lewis, P.S.
    Richard E. Lewis, P.S. | Richard Eugene Lewis
    You can be sued, but should be covered by your homeowners policy, if you own your home.
    Answer Applies to: Washington
    Replied: 11/3/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Could be. Leaving a child alone with a dog could be seen as putting the child in harmful situation. See Penal code 272 and following.
    Answer Applies to: California
    Replied: 11/3/2011
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