Q: What happens if my dog jumped on someone and accidentally scratched someone which drew blood ? What can I do?
She jumped the fence
She has never done anything like that
A: Depends. You are strictly liable for injuries caused by a bite. If the scratch was from a bite, then you are responsible. If the scratch was from a paw, or from falling, then you are responsible if you were negligent in the control of your dog. It is likely that a jury would hold you responsible, but not automatic. If your fence was in good condition, and of appropriate height and you have no prior knowledge of aggressive action towards people/dogs, and it had never jumped the fence before, you might not be negligent. You would still, however, be in violation of the leash law, which might be negligence per se. Regardless, you should notify your homeowners insurance of the claim and cooperate with it in your defense. If you don't have insurance, you can hire an attorney to represent you, or offer to pay for the medical treatment. Don't give anyone any money without simultaneous exchange of a signed Settlement Agreement and Release.
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