Dog Bite.

MullersLaneFarm · #1 07/02/10, 05:58 PM

An acquaintance's wife (we've known them for years, but only see them once or twice a year .. they're in their 60's) wanted to borrow my hoop skirt for a Civil War reenactment. I said, 'Sure! Come on over, I'll leave it in the laundry room (off the back porch) if we're not here'.

That night Paul & I decided to go into town & grab a bite to eat. When we get home we have a phone call from the acquantance that our border collie bit him when he came in to get the hoop skirt. Paul called him back and left a message on their machine. They called us back later and told us they were in the emergency room

The next day I get a call from the county health department concerning the dog bite. They wanted to let me know that our BC needed to be quarantined for 10 days and then taken to the vet for a rabies certificate. They already knew that she is up-to-date on all her shots.

Received a letter from the health department that states:

Quote:

It is the intent of the Whiteside County Animal Control to inform dog owners of his/her liability when taking on the responsibility of a dog. An owner is being held accountable for their dog's actions in the the State of Illinois including medical costs due to victims and /or property damage.

According to the Animal Control Act:
(510 ILCS 5/16) (From Ch. 8 par. 366)
Sec. 16. animal attacks or injuries. If a dog or other animal, without provocation, attacks, attempts to attak, or injures any person who is peaceable conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby.

The couple came by today to return the hoop skirt. As normal, Heidi barked as they drove up our lane, then went into the house when I instructed her. After some small talk, the couple tells me their deductable for the hospital is $200 and wants us to pay. I told them I would pay half. They said I was liable for their injuries.

I told them that I didn't understand why the guy entered a house where a dog was barking. He said she wasn't. I have never known this dog not to bark when a vehicle enters comes up the lane, even if it is a vehicle she recognizes. (It was the way I knew what time my older teens came home!!) She sometimes barks when a vehicle, other than large farm machinery) comes up the access road to the south of our property, but quits when they pass the yard. But she always barks when there is a vehicle coming up the lane.

The lady told me their dogs always barks, especially when cars go by their house in a residential area. Perhaps they are just used to dogs barking as a matter of fact and not as a warning?

Regardless, I told them I would pay half their $200 deductable. They want me to turn it in to my farm insurance company (

I have a $1000 deductable on my farm insurance!)

Just how much responsibility should one reasonably expect from folks? I don't buy for one minute that Heidi wasn't barking when they arrived. The only time she won't bark all the time when someone arrives is when we are having a gathering (like this past weekend) and there are cars coming in and out.

This guy certainly had enough time to decide if he wanted to grab the hoop skirt (about 5 steps from the door) or come back later. They've been busy with her mother in the hospital and hosting the Civil War event. They told me they didn't have time to come back to pick the hoop up.

Why the emergency room visit? Why not go home, wash the wound out, put some antiseptic on it, go to the dr in the morning if he needed an updated tetnus (he did). That's what I did years ago when I (stupidly) tried to break up a dog fight and had a deep puncture wound on my hand. But the ER??? Really??? Yes I saw the wound. One canine tooth that was a small puncture, the other canine that was more like a scratch. The bottom jaw scraped up and left a bruise but no teeth marks.

I feel my offer of paying half their deductable is enough. Am I wrong?

Know what they say, 'No good deed goes unpunished.' (The lending of the hoopskirt as being the good deed.

Opinions, please.

godsgirl · #2 07/02/10, 06:11 PM

I'm sorry I think you should pay for one hundred percent of the bill you told them to come in to the house and get the item so I think your liable

Harry Chickpea · #3 07/02/10, 06:17 PM

You are responsible. Period. End of story. Don't make it ugly for $100, and be prepared for the insurance company to go after you for the rest of the bill.

Ravenlost · #4 07/02/10, 06:25 PM

I also agree that you are responsible. Personally, if I knew someone was coming by my house I would make sure my dogs were put up. I do this even if I'm going to be home when someone comes.

mrswright · #5 07/02/10, 06:30 PM

I agree with the rest that you are responsible, be lucky that nothing more serious happened. On a side note, I don't leave my house open when I am not home and I would never let anyone come in with the dog unsupervised.
Chalk it up to a learning expierence. I am sorry that this happened to you.

thimblethepig · #6 07/02/10, 06:33 PM

its very upsetting to be bitten by a dog from their perspective I'm sure they are thinking I cannot believe they told us it was okay to come in, I would pay the 200 and take it as a lesson learned, they will be your friends long after this dog is gone. they have to quarantine them shots or not them because vaccines are not 100 percent and rabies is fatal, If it were me I would feel terrible be very apologetic and do whatever I could to make it right and let them know I value their friendship

mekasmom · #7 07/02/10, 06:39 PM

It's not what you want to hear, but you are responsible for the WHOLE bill not just the deductible. Your homeowners should pay it. If they are only asking for two hundred, you should be thankful. They could ask for the whole bill, pain and suffering, and damages from the scar. It's a big deal, and it is your fault, not their fault. That's just the way it is.

Next time, don't invite people to come into your home when you are not there to control the dog. This is a lesson learned. I'm sorry these are probably not the answers you want to hear, but everyone is telling you the truth. It's your responsibility.

MullersLaneFarm · #8 07/02/10, 06:44 PM

Seriously??

Okay, let me ask you this. Would any of you enter a house where there is a dog at the door (inside) that is barking???

Quote:

you told them to come in to the house

No, I told them I would leave it in the laundry room. I guess I trust too much for people to use common sense.

I've been to friend's houses where I knew the dog and knew they were home and know I have an 'open invitation' to enter their house. (And the guy in this incident was there also.) With their dog barking (even though I was assured he wouldn't have bit me if I entered) at the door, I didn't go in until Catherine came to the door. She scolded me for not just going inside .... To me, it's just common sense to not enter a house with a barking dog at the door.

I don't exit a car with a barking dog in the yard. This guy grew up on a farm and has acknowledged the duty of a farm dog and how well our farm collie does her job. How much more can I 'put up' my dog, then leaving it inside the house?

Do all y'all really feel that the person holds no accountability of their decision to enter a house with a dog barking inside the door. Really?

We're on limited income. I lost my job 8 months ago. $200 wasn't a lot a year ago, but it sure is now, especially since I notification that my unemployment insurance is exhausted.

eta: If I did get bit by entering a house with a barking dog, I wouldn't go to the ER and sure as hell wouldn't expect someone else to pay for my stupidity.

And actually, with the suburban mindset lately of the forum in the past few years, it doesn't really surprise me that the answers I've received so far are litigious. I guess no one feels they should take responsibility of their own decisions.

Quote:

homeowners should pay it.

I don't have homeowners. I have a farm policy with a $1K deductable. (I'd love to know who they have their health insurance through to have a $200 deductable ... we have a $2,500 per person, $5,000 per family) Farm policies are hard to come by and usually will drop you if a claim is made. If their insurance has a $200 deductable, I'll gladly pay half, let them pay half and call it good. If their insurance wants to come after our insurance, well, we might as well close up the farm.

The guy that was bit is an aquaintance, not what I would consider a 'friend'. We're always there when he needs us, ya know?

farmergirl · #9 07/02/10, 06:52 PM

Quote:

Originally Posted by MullersLaneFarm

Seriously??

Okay, let me ask you this. Would any of you enter a house where there is a dog at the door (inside) that is barking???

No, I told them I would leave it in the laundry room. I guess I trust too much for people to use common sense.

I've been to friend's houses where I knew the dog and knew they were home and know I have an 'open invitation' to enter their house. (And the guy in this incident was there also.) With their dog barking (even though he wouldn't have bit me if I entered) at the door, I didn't go in until Catherine came to the door. She scolded me for not just going inside .... To me, it's just common sense to not enter a house with a barking dog at the door.

I don't exit a car with a barking dog in the yard. This guy grew up on a farm and has acknowledged the duty of a farm dog and how well our farm collie does her job. How much more can I 'put up' my dog, then leaving it inside the house?

Do all y'all really feel that the person holds no accountability of their decision to enter a house with a dog barking inside the door. Really?

We're on limited income. I lost my job 8 months ago. $200 wasn't a lot a year ago, but it sure is now, especially since I notification that my unemployment insurance is exhausted.

I 100% agree with you that it is lame behavior on the part of the guy who entered the house with the dog barking, especially when he had NO reason to go in your house since you left the hoop skirt outside in the laundry room. He sounds like my DH, who hears only about 50% of what I tell him, lol!

But, legally speaking, even if he had BROKEN INTO your house, you could be held liable for injuries he sustained when he was bit by your dog. There shouldn't be a deductible on your homeowner's policy with regards to liability. This is a classic example of the type of claim that would be filed with a HO's insurance company.

I work in the insurance industry and can tell you honestly that paying their $200 deductible would likely be much cheaper in the long run than filing a claim on your HO's policy.

As a side note, the only people I EVER allow on my farm when both DH and I are gone are people that we have hired to farmsit who know fullwell how to handle all variety of livestock in as safe a manner as possible.

Mountainview42 · #10 07/02/10, 06:54 PM

You posted here for our unbiased opinions. Are you hearing them?
You gave permission,voluntarily for "Stupid" people to enter your home...in which you had a dog.
What did Forrest Gumps mama tell him...? Oh yes: Stupid is as stupid does.
Now lets follow that through to its natural conclusion...
Stupid people do stupid things. And sometimes reasonably smart people make stupid decisions, like you did in this case.
And your mistake was that you "Assumed" that these people were in command of a dose of common sense.
Which they clearly were not in possession of, hence your $200 lesson.
Now pay close attention because here is the meat of the matter. All that really matters in this case:

*** You welcomed them in, and your dog bit them.***

----Hence----

You are liable.
End of story, period, do not pass go, do not collect $200.
Are we clear here?
No amount of crying, whining, asking "But-but-but this or that" NO.
You, Liable.
Them, dumb, but not liable.
Don't lose any sleep over this, just pay the cost of the lesson and remember this...
We all must stay ever on the alert to avoid the pain and suffering that the stupid person brings to the rest of us.

Ohio dreamer · #11 07/02/10, 06:58 PM

Quote:

Originally Posted by MullersLaneFarm

Seriously??

Okay, let me ask you this. Would any of you enter a house where there is a dog at the door (inside) that is barking???

Yes, you invited them into the house. I, as them, would assume you would know what reaction your dog would have to me entering your empty home, or you wouldn't have offered the invitation. I had a dog that would bark when anyone came, too. Then she would jump up and lick you to death. Just because the dog was barking doesn't mean they knew it was on the other side of the door. Could have been locked up in a different room (which is what I, again as them, would assume you would have done).

My dog got hit by a car. A bystander came by to "help" us pick her up and put her in the car to take to the vet. Even thought we told him not to he did. He picked her up by her broken ribs and she bit him. We were still liable even though we told him not to. She didn't survive her injuries, not sure if his picking her up and driving her ribs into her lungs made a difference or not.

Jenni979 · #12 07/02/10, 07:00 PM

I guess most people here won't like me response, but I think you should split it...

I think people do have to use some common sense. I would NEVER enter a home/room/yard/etc where a dog was frantic and barking, even if I knew the dog.

I guess it all depends on how much you value the friendship... If it gets gnarley and they take you to small claims, you will most likely lose... Sorry...

RandB · #13 07/02/10, 07:04 PM

So sorry this happened to you. That is a BIG fear of mine, that one of my dogs might hurt somebody. I have big dogs, and have heard too many horror stories over the years. So we make it our business to allow NO room for error. Our dogs are only turned loose within our own, fenced property, and only when DH and myself are with them. When someone visits us, the dogs are locked in another part of the house. If the person is willing and asks for it, we will then allow the dogs into the room to visit. If there are small children present, the dogs stay put away. Nobody is ever allowed to just come walking in when we are not in the house, we keep the door locked when away from home. I look at all of these precautions as a way of protecting my dogs. The laws these days are totally stacked against the animal and its owner. I have heard of cases where a dog attacked an unwelcome intruder, the homeowner was sued for the injuries, and LOST. Insurance companies are very quick to drop your insurance if your dog bites someone. I agree that it wasn't smart for them to walk in when a dog was barking, but the problem is that if they claim the dog wasn't barking, you have no way to prove otherwise since you weren't there. Unlike the good old days, people seem very "sue happy" in this world today. I had a very bad experience years ago with an extremely small fender-bender car accident that turned into a major lawsuit 2 years later. I could have lost a great deal, the person was suing for beyond the limits of my insurance. Since then, I completely trust NO ONE outside of family. I hope that all turns out well for you, and that these people don't get an attorney and start making a big deal of this. I agree with the others that if all they ask for is $200, you will be very lucky. I truly wish you the best of luck with this matter.

doozie · #14 07/02/10, 07:04 PM

Sorry, but I feel if your dog bit someone no matter what the circumstances, your dog has in fact bitten someone, and you are in fact responsible for what ever your dog does no matter where, when, or how it happened. Dogs do bark, and you did invite them in, so they may have felt they were in no "real" danger.
Maybe you are just shocked that your dog was capable of biting. If money is tight, you may be able to get the remaining $100.00 back to them over time. As far as them going to the emergency room, I guess so would I, and if my child were the one bitten, it wouldnt even be a second thought. I am sorry you have had this experience.
Edited to add, even if they waited and went to a Doctor, I believe he would have to report it to the County or State??? They would still have a deductible to pay?, and you would still be responsible for $$ damages the dog created.

Tobster · #15 07/02/10, 07:09 PM

I am going to take a little different tack. Concerning the $200 deductible. Is the deductible on their policy a one time annual deductible? Most policies have an annual deductible. In other words once you have met your deductible for the year, any additional claims on the policy are not subject to the deductible. Insurance pays it all. If that is the case and your friend makes future claims on the policy this year, she will pay no deductible. If that is case, I would want to know if your friend normally meets her deductible every year. If so, I think 50% from you is fair.

Molly Mckee · #16 07/02/10, 07:46 PM

I'd contact a lawyer be fore I admitted any responsibility. "Friends" don't go to the ER for a minor dog bite. It's not your fault that he didn't keep his tetnus shot up to date, and I don't think it's your fault he confronted your dog and got bitten, although I would never tell someone I didn't know well to go into my house. If I don't know them well, neither do the dogs and they would get bitten. It sounds to me like they are taking advantage of you. What happened to common sense? Molly

pattycake · #17 07/02/10, 07:57 PM

My insurance will only pay for an emergency room visit if the patient is admitted to the hospital after being seen. If we choose to go for any reason and are not admitted then we must pay 150.00 and the insurance co. will pick up the remainder. I am sorry that this has happened to you. For what it is worth, if I had been the one bitten I would not ask you for any money at all. I think these folks are shameful after you went out of your way to accomodate their needs and loan them the items. I would have been embarassed to even consider asking for money! The least they could have done is call you and tell you that he was going to the emergency room and asked if you had insurance to cover it. Everyone thinks you are liable but when it comes right down to it, could they prove that it was your dog? It is their word against yours! Again, I am sorry that you are having to go thru this when all you were doing was trying to help someone out. Remember, what goes round, comes round.

moonspirit · #18 07/02/10, 08:04 PM

Its funny the same people say that if a human breaks into your house you should have the right to shoot them, but if someone enters your home and your dog bites them you should be held liable. Talk about backwards thinking.

I am still trying to figure out how she got the skirt, got bit, and then left. If I was entering a home to get a skirt and a dog bit me, I would just LEAVE. It sounds like as she was in the house she approached the dog or went to pet it and it bit her. She managed to leave the house with a dog bite and a SKIRT in her other hand? It sounds so fishy..

Seeing as far there was no written agreement or any proof she should just be held for break and enter. end of story.

MullersLaneFarm · #19 07/02/10, 08:05 PM

Yeah, they can prove that it was my dog ... she was in our house! LOL!

A dog barking at the door doesn't sound the same as a dog barking in another room.

Just talked with the lady a bit ago. Most likely their insurance company will sue us. After all, as she told me, when their little dog went after the meter reader when she and the dog were in the yard, the meter reader went after her and he sustained injuries that kept him off work for a spell.

Sheesh, why do I even bother to allow folks on our place or offer loans to people when they are of the mindset to sue anyway? Guess I just have more hope in the common folk than I should.

Rainy · #20 07/02/10, 08:23 PM

Sorry you have to go through this... Been there. We were out over a $1000. Had no home insurance at the time. We were renting and had none of that insurance either.Once you invite someone into your home whether you are there or not you are responsible. Just think its sad when you try and help someone and then your the one that gets in trouble.