Tuesday, August 17, 2010

Can you sue the previous owners of a dog if you know the dog bites someone with the new owners?

Im sorry if that was confusing. This is my problem. My parents have to take my dog off the property in order to renew their homeowners


insurance. They have two choices put the dog to sleep, or give him to someone that wants him. I want the dog, but my mom had been told that if he bites again, as me being his owner, they could sue the previous owners and me. Is that true? And whom can I call to talk about? Humane Society?





Jesse is a black lab/Great Dane, 5 years old and he hasn't been deemed a dangerous dog. He bit one person, and it wasn't even that bad. The man was 70 years old and Jesse jumped up and bit him in the chest, broke a little skin and tore his shirt. The guy seemed more pissed off about the shirt then the dog.


I know all the precautions I have to take when i take him outside, and I am strong enough to hold his back if anything should happen, but then again he has to bite someone else in order for all the suing to happen.

Can you sue the previous owners of a dog if you know the dog bites someone with the new owners?
In general --- IF owner #1 knows that the dog has bitten someone in the past or shown any signs of aggression, AND IF owner #1 does not tell owner #2 about this, THEN owner #1 can be held liable.





As applied to your situation --- If you adopt the dog, you CAN be held liable if the dog bites someone. In most areas, the owner is held strictly liable when a dog bites. This means that it doesn't matter if the owner knew or had any reason to know that the dog might bite.





Because you know that the dog has bitten before, it is likely that you will be held liable even if you live in an area that doesn't apply strict liability.





If things were different and if you did NOT know that the dog had bitten in the past, the 3rd party would probably have a claim against both you and the prior owner.





Additionally, if things were different and if you did NOT know that the dog had bitten in the past, you would also be able to sue the prior owner for their failure to disclose the dog's condition.





To get the best information as it applies to your particular area, call your local humane society - they'll be able to tell you the law in your area.
Reply:prior owners can't be liable if they do not have an obligation to destroy the dog.





if he bites anyone, after already having bitten once before, the owner at the time of the second bite would be liable, in most cases. you would need to consult an attorney about the particular laws in your state and the details of your situation.
Reply:Just as I answered this question when posed in the Pet Catagory,the answer is still the same.


Your mother can no longer be held responsible for a biting dog if she gets rid of it unless the new owner tries to take her to court and prove she knew she was giving away a dangerous animal.


Lab/Great Dane's are really known to be an aggressive breed so there must have been a reason this dog resorted to this behavior.


As I told you,I suspect that your mother just wants the dog gone. . PERIOD.
Reply:Gotta agree with "Me".......
Reply:First of all, you never mentioned your age, if you are still a minor, your folks are still responsible for you. Also, do you live with your folks, if so, you're back to square one.


No comments:

Post a Comment