Do i have a personal injury case for a dog bite and how much could i get? 44 Answers as of July 08, 2013

A dog bite me.

Still not sure what was bleeding (the house was dark inside, kids sleeping).

I go into our bedroom and turn on the light and start panicking i had a huse gash in knee and you could see my bone. I start crying and cant get my breath (panic attack) by this time my husband is up out of bed.

And within 10 min we left to go to the ER. I had to get 6 stiches in my knee and xrays and i dont know how long it will take me to recover. Who knows how much my medical bills will be. Do i have a case of personal injury from the dogs owner?

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Victor Varga | Victor Varga
Yes you do, but quick question: how did you get bit by someone else?s dog in your house in the middle of the night?
Answer Applies to: Maryland
Replied: 10/5/2012
Lapin Law Offices
Lapin Law Offices | Jeffrey Lapin
Assuming you were not trespassing and did not provoke the dog into biting you then you do have a case against the dog's owner. I cannot answer your question about how much your case is worth without a lot more information. A person is entitled to be "compensated", that is, "made whole" for the injuries you sustained by the dog bite. You would be entitled to money for your medical expenses and any lost wages. These items are easy to calculate. You are also entitled to money for pain, suffering and if you are left with any permanent scarring. These items are what makes each case different and there is no "magic" formula to determine their value. Attorneys who have handled dog bite cases should know the general ranges of what cases such as yours settle for as well as what juries typically award. I would suggest you talk to a personal injury attorney about your case. Most attorneys offer a free initial consultation so it will not cost you anything to learn more about your rights and what your case might be worth. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.
Answer Applies to: Nebraska
Replied: 9/14/2012
Law Office of Melvin Franke | Melvin Franke
YES.
Answer Applies to: Missouri
Replied: 5/22/2013
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
Yes. You may. Get a lawyer.
Answer Applies to: New York
Replied: 8/27/2012
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
I can't determine if you have a case against the dog's owner because you've shared no facts about how the incident occurred that led to your being bit.
Answer Applies to: Iowa
Replied: 8/27/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    YES. Couple thousands of dollars.
    Answer Applies to: Michigan
    Replied: 8/27/2012
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    The question was whose dog was it and on whose premises did it happen on. If a person is bitten by a dog/animal there can be a case. One must show that the dog had a dangerous propensity, i.e. had bitten others before and or was dangerous. You should contact an attorney to discuss this matter further.
    Answer Applies to: New York
    Replied: 8/27/2012
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    You should call a personal injury attorney immediately. Dog bite cases are usually a matter of strict liability.
    Answer Applies to: Washington
    Replied: 8/23/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    Yes, you can sue but can't tell you how much at this point.
    Answer Applies to: Michigan
    Replied: 8/23/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You can sue a dog owner ONLY if you prove the dog has a vicious propensity, that is he has earned a reputation for attacking people
    Answer Applies to: North Carolina
    Replied: 8/23/2012
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    In Massachusetts, we have strict liability when it comes to injury caused by a dog. Essentially, that means you don't need to prove any wrongdoing on the part of the owner. If you are hurt, the owner is responsible. The only defense is if you were teasing or tormenting the dog, which does not sound to be the case here. I suggest you contact an experienced dog bite attorney immediately for this as notice letters should go out as soon as possible.
    Answer Applies to: Massachusetts
    Replied: 8/23/2012
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    It's very possible. Go see an attorney immediately. You'll need to prove that the dog owner or harborer had knowledge, or should have had knowledge, of the dogs vicious propensities - i.e. that the dog was dangerous in some way.
    Answer Applies to: New York
    Replied: 8/23/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Your stated facts are insufficient to determine and place possible negligence and liability on anyone. However, you should consult with a lawyer who handles dog bites and other accident or personal injury cases for specific legal asdvice and assistance.
    Answer Applies to: Indiana
    Replied: 8/23/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    The dog owners can be held liable if it can be shown that the dogs were vicious; that they bit or threatened someone before or were known to be difficult to control or of a mean temperment. Assessment of an appropriate settlement requires detailed analysis of liability and damages, including application of legal principles, evidenciary factors, medical documentation and experience in your jurisdiction as to likely range of prospective jury awards. You state that you don't know how long it will take to recover or how much your medical bills will be, so it is way too soon to make any kind of assessment as to potential settlement value. Even then, in order to evaluate a case properly a lawyer needs to personally review all of the medical records, incident reports, witness statements if any, photographs of the injury and residual scars, meet the injury victim and view the scar. Short of that, any evaluation of a case is of no value.
    Answer Applies to: New York
    Replied: 8/23/2012
    Blaske & Blaske, P.L.C.
    Blaske & Blaske, P.L.C. | John F. Turck IV
    Probably yes. No way to have any sense of the value without knowing the details of what happened, including why you had another person's dog in your house overnight, what you knew about the dog beforehand, whether the dog had a history of attacking people, etc.
    Answer Applies to: Michigan
    Replied: 8/23/2012
    Cale Plamann | Cale Plamann
    Quite probably, there is a lot of information you have not provided - where was the dog, was it on a leash, did you approach the dog, etc. These may be factors in whether or not you 'provoked' the dog into attacking you. Similarly, whether or not the dog has a history of violence will be important. If you were simply attacked by a dog that was running free and you can establish the identity of the dog's owner AND if the dog's owner has enough money or insurance sufficient to pay for the damages, you could have a good case. I'd suggest contacting a lawyer and letting them figure it out for you. You should just focus on and document your recovery.
    Answer Applies to: Wisconsin
    Replied: 8/23/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Yes, you certainly do. Dog bites are strict liability in Michigan.
    Answer Applies to: Michigan
    Replied: 8/23/2012
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    Yes , if a dog bites you, the owner is liable. If the owner has no homeowners insurance, then you might get nothing. If there is insurance, what you can get depends on how severe your injury is.
    Answer Applies to: South Carolina
    Replied: 8/23/2012
    Ezim Law Firm | Dean Esposito
    Yes, you have a good case against the owner of the dog for medical bills, lost wages, and pain and suffering.
    Answer Applies to: Louisiana
    Replied: 8/23/2012
    Timiney Law Firm
    Timiney Law Firm | Leigh Anne Timiney
    Your question gives no detail with regard to how this incident happened. In Arizona, dog owners are responsible for any damage and injury their dog may cause. As such, if you were injured or bit by a dog, depending upon how the bite and where the bite happened, the owner of the dog is likely responsible for any medical bills you have associated with the dog bite.
    Answer Applies to: Arizona
    Replied: 8/23/2012
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Richard Martin
    Yes.
    Answer Applies to: Kansas
    Replied: 5/24/2013
    Behren Law Firm
    Behren Law Firm | Scott Behren
    Yes.
    Answer Applies to: Florida
    Replied: 5/28/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    What are you saying??? Where were you? Where was the dog? Whose dog?
    Answer Applies to: Michigan
    Replied: 6/13/2013
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    How did you get bit? If they are liable, you recover.
    Answer Applies to: Alabama
    Replied: 6/13/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Maybe. More facts.
    Answer Applies to: California
    Replied: 6/13/2013
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    Yes Connecticut has strick liability for dog bites. The value of your case has many variables.
    Answer Applies to: Connecticut
    Replied: 8/23/2012
    Downriver Injury and Auto Law | Michael Heilmann
    Yes you have a case, please notify the insurance.
    Answer Applies to: Michigan
    Replied: 8/23/2012
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Yes you have a case against the dog owner, so long as you were not trespassing on his property when bitten. I recommend that you get a free consultation from a personal injury attorney that has handled dog bites before. I have handled several and the range of recovery has been $5,000 to $25,000, depending on the severity and the medical bills incurred.
    Answer Applies to: California
    Replied: 8/23/2012
    Law Offices of Frank D Penney PC
    Law Offices of Frank D Penney PC | Frank D Penney
    California has a strict liability statute against owners of dogs that bite, California Civil Code Section 3342. Strict liability means that the dog owner is responsible for the actions of their dog, even if the dog bites for the first time. The more difficult part of the case can be the defense that the victim was comparatively at fault. Furthermore, not all dog owners have insurance to cover the injuries, i.e. homeowner's policy without a specific exclusion. The owner may not own a home nor may not have renter's insurance. A landlord may be liable if he/she knows about the dog and it's dangerous propensities. Many of these cases hit a wall when there is no insurance or the landlord does not know about the dog.
    Answer Applies to: California
    Replied: 8/23/2012
    The Law Offices of Charles Pernice | Chas Pernice
    Yes. California has a strict liability statute for dog bites. You don't have to prove anything other than being bitten after an unprovoked attack. You have a case against the owner of the dog for all of your injuries, medical bills and loss of earnings.
    Answer Applies to: California
    Replied: 8/23/2012
    Stephens Gourley & Bywater | David A. Stephens
    You do have a case against the dog's owner. The value depends on a lot of unknowns, including insurance, scaring, etc.
    Answer Applies to: Nevada
    Replied: 8/23/2012
    The S.E. Farris Law Firm
    The S.E. Farris Law Firm | Spencer E. Farris
    Hard to tell with the facts you have given. Whose dog, where were you when you were bit, and where was the dog?
    Answer Applies to: Missouri
    Replied: 6/13/2013
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Unless you were breaking into the dog's home, you have a case.
    Answer Applies to: Montana
    Replied: 8/23/2012
    Frank Law Group, P.C.
    Frank Law Group, P.C. | Brett E. Rosenthal
    Absolutely, dog bites are now strict liability cases, meaning you as the injured party have no obligation to prove that the dog owner knew about the dogs dangerous propensities. Only need to prove who owned the dog and that the dog bit you. Then the issue is how severe are your injuries, what treatment did you receive, and as result what are your general damages, which is the pain and suffering associated with your injuries. Until you have completed treating for your injuries and know the treatment outcome, difficult to evaluate what your case is worth.
    Answer Applies to: California
    Replied: 8/23/2012
    Gilbert & Bourke, LLP | Brian J. Bourke
    Yes you do, you just have to hope the dog's owner has liability insurance.
    Answer Applies to: California
    Replied: 8/23/2012
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    Was this in your house? How did dog get into your house? Do you have evidence that the dog had bitten anyone before you? You may have a case, but these are just a few of the questions that must be answered before you can get an answer.
    Answer Applies to: Virginia
    Replied: 7/8/2013
    Mike Yeksavich | Mike Yeksavich
    You might. Make an appointment to see me but I need to know how it was that you were bitten. Just being bitten by itself is not necessarily a liability case.
    Answer Applies to: Oklahoma
    Replied: 7/8/2013
    Law Offices of David M. Blain
    Law Offices of David M. Blain | David Blain
    Yes, you have a claim against the owners of the animal.
    Answer Applies to: California
    Replied: 8/23/2012
    Law Offices of Stanley S. Lopata
    Law Offices of Stanley S. Lopata | Stan Lopata
    Yes.
    Answer Applies to: California
    Replied: 5/22/2013
    Meadow Walker, LLP
    Meadow Walker, LLP | Eric Meadow
    You may have a case, much more information would be required before an opinion can be formed.
    Answer Applies to: California
    Replied: 6/13/2013
    Rags Beals Seigler Patterson & Gray
    Rags Beals Seigler Patterson & Gray | Ronald D. Reemsnyder
    Whether you have a case depends on the dog's history. If the dog had harmed others your chance of a successful claim improves.
    Answer Applies to: Georgia
    Replied: 8/23/2012
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