should we sue? dog bite to face of two yr old

[Biggredd]

So my wife has recently been doing a babysitter share with another couple we met. The wife will come to our house while we go out and my wife goes there when they go out. We've done this probably three times and our daughter has been around their dog at least four times. On Saturday night my wife was babysitting and brought our daughter with her to watch their kid. Our daughter is two and five months. Near the end of the night everything was calm and about ready for bed. Out of nowhere the dog came up and bit our daughter in the face. There was no provoking, or anything to suggest this would happen. She was eating some popcorn, maybe he wanted it real bad. But they had been there hours before this happened. We went to the emergency room and the dad came with us and stayed the whole time, which was nice. She ended up getting four stitches and lots of holes on her face. She was a trooper and handled it like a champ. We told the couple we wouldn't press charges on the dog. It's been two days now. The couple already filled a claim with their home owners insurance and are paying any bills. We're just wondering if there is some legal action we should be taking regardless of how nice we want to be or the fact it was a crazy accident. Any advice?

 

[Silly Seville]

Re: should we sue? dog bite to face of two yr old

I think you should be thankful that your child was spared more serious injuries, and be thankful that the dog owners are taking care of business. Sounds like all that can be done by them is happening. If you expect more, you will only make the situation difficult. While you may want to believe you are not at fault for your child's injuries, you are in fact partly responsible for having your daughter around an animal that is unpredictable and can inflict great harm or even death to her. I find it interesting you didn't mention the breed of the animal in question. Is there any particular reason why not? If I knew the breed/size/weight of the animal, it would have skewed my response greatly. For now, I'm trying to be as objective as I can, and will withhold further comment until you mention the breed.

 

[coolbri70]

Re: should we sue? dog bite to face of two yr old

poor kid, hope she will be ok, it would depend on how the dogs owner acted if were me. stuff happens, I could see if the dog had a history or was mean, where they knew this might happen and neglected to warn of its nature:noidea: but that's me and im not in your situation. also I wouldn't trust the dog around kids after this, and if you want to continue the babysitting swap, do it at your home, or have them kennel the dog if you need to go there

 

[MTboatguy]

Re: should we sue? dog bite to face of two yr old

It sounds like they are accepting responsibility for what happened and have taken the steps to make sure things get taken care of correctly, in this situation, I would not sue, are you looking for more than what they are doing? If so, why? If so, what? I have been through this exact same situation, when I was 8 years old a dog bit me in the face and broke my jaw, the owners of the dog, said it was not their fault, my parents did sue to get the medical costs, but were not vindictive, they just wanted to make sure that the medical issues were taken care of. Two years ago, my nephews dog grabbed my wrist and broke it, I didn't sue, and their insurance took care of the medical bills.

It does not sound like there was malis involved, just a situation that provoked the dog, and I am not saying your daughter provoked, but something did, and you won't ever know why.

Again, if they are taking care of the bills, I would not sue, it will become very nasty if you do, I guess, do you value the friendship?

I don't think the breed of dog matters at all, all breeds can be very unpredictable and all breeds bite, sometimes without provocation.

All that said, I am glad to hear your child is going to be ok, it will take a while for her to get over it, support her so she knows that is not a normal situation, it is amazing how long those scars can last, I didn't have a dog until I was over 40 years old because of what happened to me when I was a child. As you can now see, my avatar is a picture of my girl, she was with me for over 10 years and I miss her to this day.

 

[Biggredd]

Re: should we sue? dog bite to face of two yr old

Just forgot to mention dog breed. It's about about a fifty pound mix, nothing specific I can see but maybe a touch of boxer. No history of any aggression the owners claim and are quite shaken from the whole thing. I'm not suggesting I want to sue, just asking if I should take any legal action regardless. We currently aren't planning anything. . She'll be ok but will have scars on her face. Can't figure out how to post a pic from my phone.

 

[Biggredd]

Re: should we sue? dog bite to face of two yr old

One more follow up just to be clear from reactions. I'm not trying to be some a-hole looking for a free ride. Just a concerned dad with a damaged baby. She Is amazing and almost acting like nothing happened. She does know when she sees Mirror, that's pretty hearty breaking.

 

[rogerwa]

Re: should we sue? dog bite to face of two yr old

In my view, what i would expect of the owner is exactly what they are doing. Suing would only come in to play if they were not taking reasonable responsibility. I dont' think you are looking for a payoff as some would clearly be looking at this as an opportunity.

 

[MTboatguy]

Re: should we sue? dog bite to face of two yr old

She will be fine, at that age, those scars will become nothing more than memories when she gets older, sounds like a great kid and very loving concerned parents, nurture her and let her know she is still beautiful, it is really tough when your kid gets hurt, no matter the situation, it is heart breaking, this I know from experience, there are very few things that have ever made me cry, but my child hurting was one of them.

Right now it is raw and visible, before you know it she will be back out playing and not paying attention to it at all.

 

[roscoe]

Re: should we sue? dog bite to face of two yr old

I'm not a lawyer, but I did make a pizza last night.

What would you hope to gain with a lawsuit? $500 ?

I don't see where there is any up side to a lawsuit unless there is severe damage or ongoing medical issues.
Seems you would be months away from knowing that.
Their ins company may offer you a settlement, in 6 months.

Also, who was in charge at the time of the incident? Your wife?

And why did she bring your daughter into this environment?

Not trying to be a jerk or make your wife feel bad, just playing devil's advocate.

The bite was reported to authorities? Many jurisdictions require that dog bites are reported to police.

 

[agallant80]

Re: should we sue? dog bite to face of two yr old

I have two thoughts on this.

1. Now you know the dog will bite a kid do you want it back out there to bite another kid who may not be as lucky as yours?
2. What if your kid developes long term issues from this like lack of muscle function.

If they have the insurance company involved then you are working in the right direction. Its good that they took ownership of what their dog did. I know you guys are friendly but it will never be the same so don't let that cloud your thoughts.

 

[JoLin]

Re: should we sue? dog bite to face of two yr old

"On Saturday night my wife was babysitting and brought our daughter with her to watch their kid."

And that makes her the responsible person. She knew there was a dog, she "estimated" it's friendliness and likelihood to bite and allowed the dog and your daughter to come together. You have zero grounds for a suit.

My opinion, too. I'll add that at 2 years old, the child's ability to overcome any emotional trauma is entirely in YOUR hands. If you say things in her presence like, 'I hope she won't be afraid of dogs now'... she will be. If you treat as simply one of life's little snafu's, she'll be fine. You can tell her 'THAT dog misbehaved and was punished for it. He won't do that again.' A 2 y.o. can relate to that and will be able to put a period to the incident.

As for the dog's propensity to bite another child, the OWNERS are now aware of it, and it's up to them to keep the dog under control. A frank conversation with them will tell you if they 'get that'. I think they do, as they've apparently accepted full responsibility for the incident without attempting to place any blame on your wife or child.

If there's a possibility that plastic surgery will be required later to repair the cosmetic damage, make sure it's covered.

 

[oldjeep]

Re: should we sue? dog bite to face of two yr old

My unqualified .02

The only reason to sue would be if once you get down the road you find out that you have a bunch of un-reimbursed medical bills. Even at that point I'd first try to work with the neighbor first since they seem to be taking responsibility.

 

[Fleetwin]

Re: should we sue? dog bite to face of two yr old

If more people handled issues like your friends, we wouldn't need lawyers.

Move on.

 

[foodfisher]

Re: should we sue? dog bite to face of two yr old

My sister ( threeish) got biten in the face by a hound (blood?)of some kind while visiting with neighbors. The "unprovoked" attacked turned out to be an overzealouse hug witnessed by other kids.

 

[agallant80]

Re: should we sue? dog bite to face of two yr old

To the OP, talk to a lawyer before you make yourself look foolish, your wife was the responsible party, are you going to sue her? As to the dog owners, so far you have been lucky and they have been stand up folks. They *could* turn around and sue your wife for causing them all this "mental anguish". TALK TO A REAL LAWYER.

Wow, bet you would not say that to him in person...... Typing is so much easier than looking someone in the eyes...

 

[Fleetwin]

Re: should we sue? dog bite to face of two yr old

I simply don't see an issue here. The "friends" are owning up to this and taking care of it.

When I was growing up I suffered many injuries, right or wrong, from many parties. A lot of them were my doing. Lawsuits never even entered our thoughts. We went on. I have the scars to prove it and never got a dime. I'm just fine with that. Still alive and experienced.

Someone has planted the seed of "jackpot" in someones head.

If someone needs a lawyer (too many available) to settle all of thier minor disputes than they need to grow up. Harsh-yes.

It is SO sad that we cannot just all get along and settle our disputes amongst ourselves.

 

[gm280]

Re: should we sue? dog bite to face of two yr old

If things transpired exactly like you stated, the I see zero grounds for any law suit myself. The only thing a law suit will accomplish is making a friend into an enemy AND making some lawyer a huge paycheck! I think the other family is doing the right thing and therefore I'd let it go and move on. I seriously don't think there will be any scares to speak of later on in her life. And seriously, near everybody has some type of child scare for one reason or the other. That's life and I think you have a very good friendship with the other family. JMHO!

 

[jkust]

Re: should we sue? dog bite to face of two yr old

Dog bites and water damage are the most common HO Insurance claims. Only you can determine if you want to go down the litigation road. I think any advice one way or the other is going to get skewered.

 

[Bondo]

Re: should we sue? dog bite to face of two yr old

If more people handled issues like your friends, we wouldn't need lawyers.

Move on.

I simply don't see an issue here. The "friends" are owning up to this and taking care of it.

When I was growing up I suffered many injuries, right or wrong, from many parties. A lot of them were my doing. Lawsuits never even entered our thoughts. We went on. I have the scars to prove it and never got a dime. I'm just fine with that. Still alive and experienced.

Someone has planted the seed of "jackpot" in someones head.

If someone needs a lawyer (too many available) to settle all of thier minor disputes than they need to grow up. Harsh-yes.

It is SO sad that we cannot just all get along and settle our disputes amongst ourselves.

Ayuh,.... While I'm just some ole time conservative ole fart, I couldn't Agree more with these quotes,...

I've got plenty of self-inflicted tattoos,.... 'n Nobody was sued for anything,...

As for the child's potential scarin',...
Keep the injuries slathered with coco butter,...

As kids, I tattooed my middle sisters chin pretty badly,...
Mom kept it covered with coco butter, 'n from then, til now, fifty years later, the mark is completely Unnoticeable,...

 

[calvinator]

Re: should we sue? dog bite to face of two yr old

Been there.... My statements will sound like a jerk, but I'm just presenting my experience.

You have a case and a claim.

Dog bite is your case. Injuries to your daughter are your claim.

The case will go like this... Dogs bite. Their dog bit your daughter. The daughter had food. Dogs want food. You assumed risk by letting your daughter be in the presence of that dog. The dog owners were negligent by letting their dog be in the presence of your daughter w/food.

Oh yeah, let me point out that one statement..... You *assumed risk* by letting your child around that dog. That will be the battle point!

Your lawyer and their lawyer will battle to determine who wins the case.

Now on to the claim. What is the extent of injuries now and the future? You need a doctor to determine this. This will all be offset by what the homeowner's insurance pays. Are we talking a hospital visit with stitches? Long term facial disfigurement and reconstruction ?

If we are talking about hospital visit and stitches, a scar, missed some school days, had to take pain pills, your claims will most likely be paid by their insurance company. ($3000-$5000).

Now if your daughter is badly injured, you need to take action. Get her to a qualified doctor for assessment. Don't accept any insurance payments. Call the police and report the dog bite. Contact a laywer. Your friends will not be friends anymore, but your daughter will get the medical care she deserves.

In the dog bite cases and claims, it is all about the claim.

You'll have to determine what path works for you.

OK, soapbox time. I've owned many dogs. I have 5 kids and a neighborhood full of kids that play at my house. I have just come to the conclusion dogs and young children don't mix. Kids want to jump and play with the dog. The dog wants to figure out who the pack leader is and should they dominate the others or not. Kids don't understand the dog, the dog doesn't understand the kids. Just a matter of time before something happens. Personally, I keep my 7yr old and under kids away from dogs (fences, leashes, cages). Once the kids get to 8, they have a better idea how to deal with dogs. Again, just my experiences...