Legal Question in Personal Injury in Washington

Dog Attack - No biting involved

My 2 dogs (Laborador Retriever and German Shepherd)were accused of jumping/snapping/barking at a child after escaping from my yard when the fence between us and nieghbor broke. Animal control informed me 4 days later the child sprained or twisted her ankle and her brother damaged a car while swinging something at the dogs. Parents have contacted a Personal Injury attorney who is requesting Affidavit of Insurance and my side of the story. I have not yet contacted the attorney. When Animal control informed me of what happened the officer told me that their story did not make sense. There was no request for shot records or quarantine of the dogs. Is it better to fight what I believe is a frivilous lawsuit or to let my insurance settle? I have not been notified of what the damages are that the parents are seeking.


Asked on 6/20/05, 7:37 pm

2 Answers from Attorneys

Sam Hochberg Sam Hochberg & Associates

Re: Dog Attack - No biting involved

Yes, you should give the attorney for the parents your insurance information. Your homeowners insurance adjusters will figure out if these folks have a claim or not. But if you DON'T give the attorney the insurance info, he might just sue you, just to GET that info, which would be a waste of everyone's time. PLUS, what you think is a frivolous claim might indeed NOT be frivolous under the law. AND, if you wait TOO long to tell your insurance company, they could theoretically deny coverage, IF their ability to defend against the claim is hampered in any significant way as a result of the delay. So, I'd call them right away.

You said your dogs escaped out into the street. If your area has a leash law, if the dogs were out and in fact DID chase these kids and they were injured while trying to run away, it sure sounds like these people might have a legitimate claim, if all happened as they say it did, and there's some sort of proof. And, after all, that's what insurance is for, to figure these things out, and to pay, where appropriate. By the way, insurance companies don't give away money without a pretty good reason, so I wouldn't be TOO concerned if they do pay something.

As for talking to the opposing lawyer: I would NOT talk, other than to give him or her your INSURANCE information. Let your insurance company deal with it. Plus, you theoretically COULD say something to the atty that might prejudice the ability of your insurer to defend the claim.

ALSO, you should make a full report of this TO the insurance company, and check your POLICY. MANY policies, upon renewal, have started to LIMIT coverage for ANIMAL CLAIMS, to $10,000.00. Your insurance adjuster will be able to tell you how likely the claim will be above that or not, once they know more. AND, you may not have that limit on your policy. Hopefully for you, it won't matter.

Good luck!

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Answered on 6/20/05, 8:35 pm
Matthew King Wershow & Ritter, Inc. P.S.

Re: Dog Attack - No biting involved

You insurer should handle this matter. It does not sound like there is any liability based on the facts as you present them. If you need any additional assistnace, please do not hesitate to contact me.

In addition, it is important to advise your insurer about the claimant's activities "tormenting" the dogs.

Good luck!

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Answered on 6/21/05, 7:22 am


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