Legal Question in Personal Injury in Illinois
dog bite
I owned my home before I got married. When I was engaged we adopted a dog. The dog got out of the yard & bit a womans dog. The woman was trying to protect her dog and she got bit. I believe she has permanent nerve damage to her hand. The bite did not happen on my property and the dog was registered to my then fiancee' at my home address. He has, since then, been put to sleep. (The dog, not fiancee'). He has been served with papers and she is sueing him. His name is not on the house. We got married after the incident. He has no monetary assets to speak of. What does she stand to win? How am I liable, if at all? Do I need a lawyer? Is homeowners insurance liable? Will I lose my house? Please help?
3 Answers from Attorneys
Re: dog bite
You should contact your homeowner insurance and transmit the papers to them. They will provide you with the necessary defense.
Re: dog bite
Hello. Here is what might happen. The person who filed the lawsuit (the plaintiff) has a right to what is called "discovery". This is a legal term. Assuming she is represented by a lawyer, that lawyer may send questions (interrogatories) to your husband to be answered, or your husband may be required to give his deposition, under oath, during which he can be required to answer questions about the dog, the incident, his assets, etc. The person
who filed the lawsuit then might attempt to add you as a defendant if she believes that it can be shown, by a preponderance of the evidence, that you had ownership in this dog. Preponderance of the evidence means that the plaintiff has the burden of showing that her claim is more possibly true than not true. In my opinion, you need a lawyer in this situation and I certainly hope that your husband has a lawyer already. Will be happy to discuss this matter further and in more detail.
Re: dog bite
Contact your homeowners insurance company asap.
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