Personal Injury Dog

[Felicio]

I have a small indoor dog, my boyfriend let the dog outside to use the bathroom. In the county I live in the leash law states a dog only has to be on a leash from sunset to sunrise. My neighbor went to check her mail and claimed she tripped over the dog and left in an ambulance. Can she sue for this.

[Gaetano]

Elizabeth,

I hope both your neighbor and your dog are okay.

You do not say where you live, so let me share some information based on the laws of New York since I practice personal injury law in New York. Your question does not depend upon the local leash law but whether your negligence in controlling your dog led to your neighbor’s tripping and if it did, what damages did she suffer because of that negligence.

Based on what you wrote, I do not know enough about the circumstances to determine if you were negligent in handling your dog.  Did the accident happen on your property or your neighbor’s? Could your neighbor see your dog and could she have avoided he dog?

Have you spoken to your neighbor? Did you apologize for your dog? Did you ask about her injuries and health? Studies have shown that when a person apologizes, the likelihood of a lawsuit decreases.

Let me give you a personal example. Several years ago as I was finishing a run in my neighborhood, I stopped to speak to a neighbor. While we were speaking, his dog, a German Shepherd, jumped up and bit me. The dog’s paws also tore my flesh. I wound up going to the emergency room to have a doctor clean out he wound, give me some antibiotics and sew some stitches to close the wound. My neighbor offered to take me to the ER and later called to ask about my condition. He sent flowers and offered to pay the ER bill, which my insurance covered. My neighbor called often to check on my condition. I appreciated his apology and concern and this became like the humorous headline, “Dog Bites Lawyer and Does Not Sue.”

Let me make some suggestions. Speak to your neighbor. Apologize for any injuries that your dog may have caused. Perhaps make a good faith show by sending some flowers or chocolate. Inquire about her health. The good neighborly approach may head off a potential lawsuit.

If your neighbor threatens to sue or says that she will sue, then you should notify your homeowner’s insurance carrier or rental insurance carrier as that insurance should provide coverage. Failure to notify your insurance carrier could result in you not receiving coverage. I hope you found this information helpful. Carol L. Schlitt New York Personal Injury Attorney

www.SchlittLaw.comhttp://nylawthoughts.com 1-800-660-1466

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This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.