What case do I have if my 6 year old son was playing when a retired K-9 from one street over got loose from his handlers yard and attacked my son? 26 Answers as of May 17, 2013

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Candiano Law Office
Candiano Law Office | Charles J. Candiano
A case for negligence. Whether it is viable depends upon his injuries.
Answer Applies to: Illinois
Replied: 5/17/2013
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
You can file a claim with the owner's homeowner's insurance company.
Answer Applies to: Iowa
Replied: 5/16/2013
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Ex police dog. Trained to attack? You probably have a good claim if the injury is significant. Bad injury? or just hurt feelings?
Answer Applies to: North Carolina
Replied: 5/17/2013
The Sokol Law Firm | Roni Sokol
In Ohio, as in most states, an owner of a dog is strictly liable for injuries caused by his or her dog. The owner of this dog would be liable for your son's injuries. You should find out who the dog owner has homeowners insurance with. Your son would be entitled to his medical expenses, including any permanency or scarring and damages for pain and suffering. I suggest you retain an attorney before accepting any insurance settlement offer.
Answer Applies to: Ohio
Replied: 5/15/2013
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
In Alabama, it depends on whether the dog was known to the owner as being vicious. He would have had to have bitten someone before. Good luck.
Answer Applies to: Alabama
Replied: 5/17/2013
    Robert Butwinick | Robert Butwinick
    Yes, he should have a claim against the dog owner, which would be insured by his homeowner's policy. Minnesota has a strict liability statute for dog bite cases. If he has any lasting injuries, including any scars, you should retain an experienced attorney to handle the claim. You will want to get fair compensation for him and any settlement will need to be approved by a judge given that he's a minor. I'd be happy to speak with you about it.
    Answer Applies to: Minnesota
    Replied: 5/17/2013
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    In Washington state, if you are rightfully on private property or you are on public property, then the owner of a dog that attacks you can be found liable for injuries to others without the injured party having to prove that the dog had previously attacked others. Some states have a "one bite" rule where if this is the first time that your dog has taken a bite out of someone, you won't be held liable. Washington has a liberal rule that makes dog owners responsible for attacks on humans in most situations.
    Answer Applies to: Washington
    Replied: 5/17/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Civil but unknown and cnnot be determined if any viable case exists.
    Answer Applies to: California
    Replied: 5/16/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Don 't know because your son may have done something wrong, but assuming that he didn't, you can at least sue for the medical damages.
    Answer Applies to: Idaho
    Replied: 5/17/2013
    Lawrence Kahn Law Group, P.S.
    Lawrence Kahn Law Group, P.S. | Lawrence Kahn
    Your son and you have a very good case. There is "strict liability" for dog bites in WA. Will your child be scarred physically? Please contact a lawyer as soon as possible to preserve evidence and get the case moving. You shouldn't have to pay a nickel up front as most lawyers, including myself, work on these cases on a contingency fee basis-no recovery, no fee. There is a 3 year Statute of Limitations in WA but I can't advise you wait that long to get help.
    Answer Applies to: Washington
    Replied: 5/16/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    We simply call it a dog bite case. There is a statue that makes dog owners strictly liable for damages when their dog bites someone. Provoking the dog is a defense.
    Answer Applies to: South Carolina
    Replied: 5/16/2013
    Gini Lynn Jenkins Attorney, LLC of counsel with Kelly & Kelly, LLP
    Gini Lynn Jenkins Attorney, LLC of counsel with Kelly & Kelly, LLP | Gini Lynn Jenkins
    Possibly. You need to find out more details about the dog, what the owner knew about the dog, etc.
    Answer Applies to: Georgia
    Replied: 5/16/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Most communities have a law that requires dogs to be restrained. That one was not, so the owner is liable.
    Answer Applies to: Michigan
    Replied: 5/16/2013
    The Law Offices of Russell Gregory, P.C.
    The Law Offices of Russell Gregory, P.C. | Russell Gregory
    The matter may well be pursuable. It should certainly be looked into.
    Answer Applies to: Michigan
    Replied: 5/17/2013
    TAMBASCO & ASSOCIATES, P.C. Attorneys at Law | R. Tambasco
    Given that the dog had been trained to attack there appears that a higher duty would have existed to keep other ssafe from the potential danger that was known or should have been known. Your child's injuries may be severe and long lasting requiring therapy and perhaps counseling due to the emotional trauma received. There may also be an issue of impairment and whether this will result in a permanent disability. Consulting an attorney with the existing records you have of the attack medical treatment would appear to be your next move. Keep in mind that one has 2 years from the date of the injury in which to bring a legal action. However, you may wish to begin as early as youcan for the sake of your child's future.
    Answer Applies to: Indiana
    Replied: 5/16/2013
    Ellis & Abouelsood | John Danelon
    You potentially have a fairly strong case because one factor that is most commonly used in determining whether an animal is an unreasonable risk is whether the animal has a history. As most K-9 unit dogs are trained to attack on command, it is likely the animal would be considered to have a history.
    Answer Applies to: California
    Replied: 5/17/2013
    Law Offices of Stanley S. Lopata
    Law Offices of Stanley S. Lopata | Stan Lopata
    The owners of the dog are responsible for payment of all your medical expenses (including any treament by physicians and psychologists) and your son's pain and suffering.
    Answer Applies to: California
    Replied: 5/16/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    This is very strange, retired police dogs should be among the most highly-trained dogs there are. At any rate, you should contact a personal injury lawyer in your area who will bing a legal claim (which mayy or may not develop into a lawsuit) against the handler. Let's hope he has insurance.
    Answer Applies to: New York
    Replied: 5/16/2013
    Kram & Wooster, P.S. | Richard H. Wooster
    Was your son in your yard, the handler's yard or some other public area he had a right to be present? Is there any evidence your son provoked the dog in any fashion? How did the dog get loose? Depending on the answers to those questions, you probably can establish liability. Dog bite cases are surprisingly common home owner insurance claims, my office has successfully handled many of them over the years. Seek out an experienced personal injury attorney to represent you.
    Answer Applies to: Washington
    Replied: 5/15/2013
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    You have a negligence case against the owner of the dog.
    Answer Applies to: Alabama
    Replied: 5/15/2013
    End, Hierseman & Crain, LLC | J. Michael End
    Your son has an excellent case. If it can be proven that the dog had injured someone or something before, your son would be entitled to double damages. If there was no prior attack, your son is entitled to be fully compensated for his injuries. I think you should get a lawyer right away to begin helping you with the case. There really is no defense to what happened to your son.
    Answer Applies to: Wisconsin
    Replied: 5/15/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    You would have a good case based on either negligence or the strict liability statute. I recommend you hire an attorney.
    Answer Applies to: Ohio
    Replied: 5/16/2013
    Law Offices of Alexander E. Gilburg
    Law Offices of Alexander E. Gilburg | Alexander E. Gilburg
    Your son has a personal injury claim against the owner and/or handler of the dog, and their landlord, if applicable.
    Answer Applies to: California
    Replied: 5/15/2013
    Lewis B. Kaplan | Lewis B. Kaplan
    I would want to review facts with you in more detail both as to the occurrence itself and the injury. My initial impression however is that you do have a claim that would be covered by the home owner's or renter's policy of the dog's owner. Feel free to contact me to discuss further.
    Answer Applies to: Illinois
    Replied: 5/16/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    If your son was injured, you should contact an attorney to discuss this matter. Who one's the dog, was the police called, this would be important information for you to give to your attorney.
    Answer Applies to: New York
    Replied: 5/15/2013
    Koning & Jilek, P.C.
    Koning & Jilek, P.C. | Jonathan Neal Jilek
    You have a dog bite case.
    Answer Applies to: Michigan
    Replied: 5/15/2013
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