Q: My son was walking home from school and was attacked by a pit bull. No significant injuries. Can we still sue?
My son was walking on the sidewalk on the way home. A pit bull ran out of the front yard where it was standing with its owners and began biting him. The owner, an adult female, yelled at the dog to stop But did not intervene. A child attempted to step Between my son and the dog but itnpushed past her and continued to attack. finally someone pulled the dog off him. Thanks to his jacket then bites did not puncture his skin but it left significant bruising where he was bit. Neighbors witnessed the incident, police report filed. Animal control said we could sue for emotional distress and injuries. Is this accurate? Not really interested in the money but the animal owner did nothing to stop the attack and animal control isn't taking the dog. My son is terrified to walk home now because of this. To take another route is going to add a significant amount of time to his walk.
A: The successful pursuit of this case may end up depending on coverage (if any) on behalf of the dog owner. Some homeowner's insurance policies cover dog bites and some do not. Fortunately, your son did not suffer any serious physical injuries thanks to his clothing. Consult with a local attorney to get some recommendations. It may be worth pursuing an insurance claim. I am not sure based on these facts if a lawsuit would be filed by an attorney due to the limited extent of the damages. Good
A: Yes, you can make a claim, but damages are awarded based upon injuries. If the injuries are minor, then the amount to be obtained will not be as great. Mr. Wolf also makes a good point about the availability of insurance to compensate your son.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
