Can I be sued if my dog is tied up on a chain and bites a child? 36 Answers as of July 04, 2013

Can I be sued if my dog is tied up on a chain and bites a child?

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David Hoines Law
David Hoines Law | David Hoines
Maybe, depends on how and why child bit.
Answer Applies to: Florida
Replied: 6/26/2013
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Depends upon a lot of facts that aren't in the question. If the dog had a demonstrated propensity to bite and was tied up near a walkway open to the public, then yes. If not, then probably not.Speak to a lawyer right away. Good luck.
Answer Applies to: New York
Replied: 7/19/2011
The Lucky Law Firm, PLC
The Lucky Law Firm, PLC | Robert Morrison Lucky
Yes, you can be sued for pretty much anything. The real question is whether you are liable for the injury and can be found to owe damages to the injured party. Dog bites in Louisiana are treated a bit differently than most other injury cases. There are several things that should be considered before determining whether you can be found liable. Where was the dog tied? Does the dog have a history of violence? Was the dog provoked? If violent in the past, was the dog safely out of reach of the public? For a more complete analysis, please feel free to contact my office.
Answer Applies to: Louisiana
Replied: 7/18/2011
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
Absolutely. It all comes down to whether or not you were negligent. For example: Was the chain long enough to reach someone else's property or the city sidewalk? Was there a fence around the dog? Was there a sign warning the public that the dog was present and/or dangerous? Is there something near the dog that would attract a child to the area? These are just examples, but you can see how there are many variables involved.
Answer Applies to: Missouri
Replied: 7/18/2011
Aaronson Law Firm
Aaronson Law Firm | Michael Aaronson
If your dog is a pit bull and you left him chained up on a 50 yard chain on your front lawn then maybe so, in Texas a dog is given "one free bite" after which you are put on notice that your dog has vicious propensities if you were negligent in how/where you chain the dog up so that it was possible for him to bite somebody then you may be found negligent by a jury
Answer Applies to: Texas
Replied: 7/16/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. You may be sued. But in New York we have the "One Free Bite" rule. It says that you are not responsible for injuries caused by your dog unless you either knew or should have known that the dog had viscous propensities and then did not protect the public from exposure to the dog.
    Answer Applies to: New York
    Replied: 7/15/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    In Florida, we have strict liability that holds a dog owner responsible for a dog bite. If you dog was chained up in your yard and the child goes onto your property and was bitten, then I think you have a valid defense.
    Answer Applies to: Florida
    Replied: 7/15/2011
    Law Offices of Tom Patton
    Law Offices of Tom Patton | Thomas C. Patton
    It would depend upon the circumstances. For example, if you are on your own property, have multiple signs warning of your dog, and you are in a rural area with no neighbors nearby and you get an unexpected visit from a child, then no, you probably can't be successfully sued. If, on the other hand, you are at a city park with kids all over the place and you know you have a vicious dog, then yes, you probably can be successfully sued.
    Answer Applies to: Oregon
    Replied: 7/3/2013
    Law Offices of Earl K. Straight
    Law Offices of Earl K. Straight | Earl K. Straight
    Yes, you can be sued, but that doesnt mean you are liable or would lose the case. Your question lacks enough facts for an opinion as to your liability. Was the dog chained up in a fenced back yard, or was he chained up in an unfenced front yard, and did the chain extend outside your property boundaries? Was the child supposed to be there, or was he trespassing? Has the dog ever bitten anyone before? If you have notice of a claim or lawsuit, you should contact your homeowners insurance as they would be the ones to defend you for this type of claim.
    Answer Applies to: Texas
    Replied: 7/15/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    In Virginia, dog bite cases can be handled successfully. Our website has a lot of information on these types of cases and you should consult it for more information. An issue that will be present under the facts as you describe them, is how did the child come to be in the area of the dog. In other words, who was supervising the child and why did the child get close to the dog. After considering the facts in this regard, it will be possible to let you know what the possibility of success is for a legal action.
    Answer Applies to: Virginia
    Replied: 7/15/2011
    Wilson & Hajek, LLC
    Wilson & Hajek, LLC | Eddie W. Wilson
    There are not enough facts to answer your question. As an example, who was in charge of the child?
    Answer Applies to: Virginia
    Replied: 7/15/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    You can be sued for anything. The issue is will the other party be able to recover for the incident. Did you know the child was in your yard? Did you or a family member invite the child into the yard? How old is the child? Young children can not be contributorily negligent. How bad were they injured.? All of these questions are relevant to determine what may happen in your case.
    Answer Applies to: Alabama
    Replied: 7/15/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    yes as long as the child was not trespassing and was not teasing tormenting or abusing the dog. you probably have insurance to cover this claim if you have homeowners or renters insurance The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you for your anticipated cooperation.
    Answer Applies to: Connecticut
    Replied: 7/15/2011
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    Anyone can be sued, but it does not appear that you did anything wrong. You should refer this matter to your insurance company.
    Answer Applies to: Delaware
    Replied: 7/15/2011
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    You can always be sued. Whether or not they win will depend on the facts .
    Answer Applies to: Florida
    Replied: 7/15/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    You can. It is your responsibility to keep the dog from biting the child. There are other factors but dog bite cases usually go against the owner.
    Answer Applies to: Pennsylvania
    Replied: 7/15/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    It depends where the dog was tied up. Heres the statute: Civil Code 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: 7/15/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    One can almost always be sued. The question , in this matter , is did you violate any duty of care?
    Answer Applies to: California
    Replied: 7/15/2011
    The Law Office of Josh Lamborn, P.C.
    The Law Office of Josh Lamborn, P.C. | Josh Lamborn
    Yes. If your dog was chained up in an area that a reasonably prudent dog owner would avoid due to the presence of young children, then you may be held liable for the child's injuries. The Law Office of Josh Lamborn 820 SW 2nd Avenue, Suite 280 Portland, Oregon 97204 (503) 546-0461 jpl@pdxinjury.com
    Answer Applies to: Oregon
    Replied: 7/15/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You could be sued. The law in Oregon is: To recover economic damages (medical expenses, wage loss, etc.), the plaintiff must prove the following by a preponderance of the evidence: (1) The defendant was the possessor of the dog; and (2) The defendant failed to use reasonable care to prevent the dog from harming the plaintiff. To recover noneconomic damages (pain and suffering), the plaintiff must prove elements (1) and (2), and: (3) The defendant knew or should have known that the dog would cause the injury if the defendant did not control or confine the dog.
    Answer Applies to: Oregon
    Replied: 7/15/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    Potentially, but probably not if you took reasonable precautions to secure the yard and the animal and the child was trespassing. One way to help protect yourself is to put a "Bad Dog" sign at all entrances to the yard.
    Answer Applies to: Florida
    Replied: 2/20/2012
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Depends on type of dog, what child was doing, and whether you considered negligent. You will probably be responsible but I need more details.
    Answer Applies to: Florida
    Replied: 7/15/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Yes. You should turn over any claim to your homeowners carrier. It should be covered and they will defend the claim.
    Answer Applies to: Michigan
    Replied: 7/15/2011
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    Yes, you can. But, it depends on more specific facts as to whether you will really be held accountable. How old was child? Dog in front yard or back? Yard fenced, etc?
    Answer Applies to: Florida
    Replied: 7/15/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    You may be sued by anyone at any time, you may not always be found liable. Depending on where the dog was located, the age of the child and what the child was doing when the dog bit him, you may or may not be liable. You should consult an attorney with the specific facts of your case.
    Answer Applies to: Louisiana
    Replied: 7/15/2011
    Law Offices of Steven A. Fink
    Law Offices of Steven A. Fink | Steven Alan Fink
    Yes. CA Civil Code Section 3342 makes the owner liable for any dog bite if the owner's dog bites the victim in a public place or the victim is lawfully in a private place. The fact that the dog was on a chain does not change the liability.
    Answer Applies to: California
    Replied: 7/15/2011
    Tomalas Law Firm
    Tomalas Law Firm | Ryan Tomalas
    Yes, you can be held liable for injuries caused by your dog even if your dog is chained at the time of the injury. In California dog owners are held Strictly Liable for the injuries caused by their dogs; meaning that the owner of a dog is almost always automatically responsible for injuries caused by their dog. Usually, a dog owner's homeowner's insurance policy extends to cover these types of situations. If a claim is made against you for this incident, you can turn it over to your homeowner's insurance company (assuming you have homeowners coverage) and they should represent you.
    Answer Applies to: California
    Replied: 7/15/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    Yes. If you have home owner's insurance you should put your carrier on notice.
    Answer Applies to: New York
    Replied: 7/15/2011
    Richard E. Lewis, P.S.
    Richard E. Lewis, P.S. | Richard Eugene Lewis
    Yes unless the dog is provoked
    Answer Applies to: Washington
    Replied: 7/15/2011
    West law Office
    West law Office | Russell West
    You need to check your state's dog bite laws but in most cases you can still be liable if your dog bites a child even though tied up.
    Answer Applies to: Washington
    Replied: 7/15/2011
    Law Office of Garrett S. Handy
    Law Office of Garrett S. Handy | Garrett S. Handy
    Yes. In Utah, dog owners are strictly liable for injuries caused by their dogs. The person who was bit may have been a trespasser, which may have some bearing on the case. But, in my opinion, you are going to be liable if your dog bites someone.
    Answer Applies to: Utah
    Replied: 7/4/2013
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    It sort of depends. If the child was trespassing maybe not. Particularly if the dog had showed no vicious tendencies in the past. Check with a local attorney on this one.
    Answer Applies to: Alabama
    Replied: 7/15/2011
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