If the dog bite victim files a lawsuit against a dog owner for a dog bite, the dog owner can expect to be involved in litigation for at least six to twelve months.
The dog owner will be served with a summons and complaint, likely at the dog owner’s home. This means that a process server (a person) will visit the dog owner’s home, knock on the door, and hand the lawsuit to the dog owner. Being served can cause fear and panic in the person being served as many people have no idea what is happening.
If served, the dog owner should immediately notify their homeowners insurer or renters insurer. The insurance company will assign an attorney to defend the case at no additional cost to the dog owner.
The dog owner will be required to answer written questions called interrogatories, and produce a litany of documents in response to requests for production. The dog owner will have to provide personal background information as well as information about the dog. Typically, vet records must be produced, along with any records from behavioral training or behavioral assessments.
The dog owner can expect to have their deposition taken. Meaning, the attorney for the dog bite victim will have the opportunity to ask the dog owner questions under oath. If the dog owner lies during deposition, the dog owner will be guilty of perjury. The dog owner’s deposition typically lasts between two and three hours.
After significant discovery has occurred during litigation, the parties oftentimes attempt to settle the case by way of mediation. Dog owners have no say in whether a case settles or not. The decision to settle a dog bite victim’s claim rests solely with the insurer.
If the case doesn’t settle, then the dog owner should expect a trial. The dog owner will likely be required to attend trial, which can last as short as a few days or as a long as a few weeks. This means that the dog owner will need to miss work and make plans for childcare as needed.
Dog owners should know that dog bite victims are not limited to recovering only the amount of insurance available. For example, if a dog bites a 10-year child’s arm causing injuries that require reconstructive surgery, result in permanent life-long physical scars and emotional trauma, a homeowners insurance policy with only $100,000 of bodily injury liability is insufficient.
In the above example, the child’s injuries and damages are worth significantly more than $100,000. The dog owner needs to be prepared that their personal assets are exposed to collection. Meaning, the settle the case or satisfy a civil judgment, the dog owner may need pay money above their insurance limits.
We recently settled a case for a child. The dog owners had two applicable homeowners insurance policies that provided total coverage of $200,000. To settle the case, the dog owners had to make a personal payment of $25,000 cash.