Did she knowingly assume risk when the dog bit her? How? 10 Answers as of May 20, 2015

My dogs were fighting and my landlord put her hand in the mouth of one dog because she thought that it would stop them from fighting. Needless to say, the dog bit her hand. I have done a little bit of research and she will not be able to get any recovery because she assumed the risk knowingly, right? Is this something that I should seek an attorney for in case of a civil suit? Or can I just have her sign something saying that she knew she was taking a risk?

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Bulman Law Associates PLLC Injury Law Firm
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
If she will sign a statement, go ahead and get it. It might help if she later changes her mind and decides to sue you.
Answer Applies to: Montana
Replied: 5/20/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
You're right. You don't need to do anything. If she makes a claim or sues, turn the claim over to your homeowners and let them handle it.
Answer Applies to: Alabama
Replied: 5/20/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
If she has a brain, a lawyer or just normal prudence, she won't sign any statement you offer her. If you are sued, hiring a lawyer is almost always desirable: the know things about injuries, damages, proof, evidence, and so on which are not usually known to lay people. Arguably, she did assume the risk of her actions, and that was probably unreasonable. But in court there will be two sides, and two very different understandings of what happened or at least there could be. In Wisconsin, assuming the risk does not bar a victim from any recovery. It is a 'comparative negligence' state meaning that a judge or jury will be asked to determine the percentage of the total negligence attributable to each party. Your leaving the dogs loose vs. her sticking her hand in.
Answer Applies to: Wisconsin
Replied: 5/20/2015
End, Hierseman & Crain, LLC | J. Michael End
I think you should hire a lawyer to help you.
Answer Applies to: Wisconsin
Replied: 5/20/2015
Law Offices of George H. Shers | George H. Shers
If your dogs were fighting and the landlady actually intentionally put her hand inside the mouth of one of the dogs, she clearly is negligent as she reasonably could expect she would be bitten and had no reason to stop the dog fight. You might, however, be partly negligent for not controlling your dogs in public. But do you believe anyone is going to accept what you claim the facts are? Is she going to admit being so stupid? Would she be stupid to admit so in writing? Do you have any witnesses? Why would she so endanger herself when there was no reason for her stopping the fighting? Were you doing anything to stop the dog fight? If you insist she take full responsibility, do you really think she is going to continue to rent to you? If she sues you, you will need an attorney to defend yourself but will it be worth the additional cost? Probably the best thing to do is put what ever evidence you have together and sit on it. Wait to see if she makes a demand on you or sues.
Answer Applies to: California
Replied: 5/20/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    You are right. There is a very important rule to follow: "If you don't know what the heck you are doing, don't do anything."
    Answer Applies to: Michigan
    Replied: 5/20/2015
    Gates' Law, PLLC | Thomas E. Gates
    She did not assume all of the risk. If the dogs had not been fighting she would not have gotten bitten. Hence, the dog owners share in negligence. This is called contributory negligence. If she sues or otherwise demands payment, contact an attorney to represent you. There may be city/county statues that come into effect for having dogs running free and biting someone as a result. b
    Answer Applies to: Washington
    Replied: 5/20/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    She is protected by the emergency doctrine, but you already knew that because you are so smart.
    Answer Applies to: New York
    Replied: 5/20/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I would suggest if a claim is made that you either notify your liability insurance carrier or immediately engage an attorney. In the meantime I would not be speaking with the landlord on the subject.
    Answer Applies to: Michigan
    Replied: 5/20/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    In Connecticut the dog owner is liable if their dog caused injury unless the other person was teasing or tormenting you were a dog or trespassing. Assuming the risk is not sufficient. If you have homeowners insurance they should cover you.
    Answer Applies to: Connecticut
    Replied: 5/20/2015
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