Dog bit someone in the face - who is responsible?

Question

I have a bet going with my brother. I am sure I know the answer to this, but I just want to check with you guys.

My brother has a party. While at the party, his dog, a one year old bull mastiff, was fighting with the neighbors dog. Both dogs are off their leashes, running around. There are about 40 people there. So, the first guy goes to break the dogs up from fighting. The neighbors dog (a springer spaniel) turns around and bites the guy on the arm. I don't know if he drew blood or not.

My brothers dog turns and bites guys number two right in the face. His face is bleeding and there appears to be a lot of damage. This guy is obviously hurt, but doesn't go to the ER until the next day. After he goes to the ER, they refer him to a plastic surgeon. He has no health insurance and is now concidering suing my brother. My brother refuses to take any responsibility to it, as his dog "is a good dog" (aren't they all).

I know my brother is responsible, as 1) it occurred in his yard and he is the owner of the home 2) the dog was not restrained 3) the owner is always responsible for the actions of the dog 4) the dog is known to be a bit territorial and acts wierd when anyone comes between him and my brothers girlfriend - he likes her.

My brother doesn't think he's at fault because 1) in our state, its mandatory that a person carries health insurance, MA, so his friend should worry about his own expenses 2) the dog was in his fenced in yard so he has more right to be there then his friend who was at the party 3) his dog was provoked by the neighbors dog 4) he has never done anything like this before

Help me out here, am I right or is he?

Answer 1

Sorry, as the dog's owner, your brother is responsible and can be named in a suit.

Answer 2

Your Brother is responsible- but its idiots like him that wont accept responsibility and give dog owners a bad name.

Answer 3

Your brother will be at fault. He can report what happened to his homeowners insurance, and they will have to take care of it...

It is kind of unfair if you think about it. No one should try to break up a dog fight.... And I am sure your brother didn't ask him to do this. But yea, at least here in FL, the homeowner is responsible for accidents that happens on their property.

Well, good luck to your brother. Hope he got an insurance that covers his Bull Mastiff. And that the insurance rate don't go up too much....

Answer 4

i have to say that i would think that you are right. leash laws vary from county to county but i think that you are right in that the owner is responsible for the pet. i'm surprised the dog has not been taken into custody yet. for the law normally states, that if a dog bites someone, the owner has no choice but to give it up for 10 days while it's quarantined and tested for rabies. as far as the other party's ins., i don't think that matters one way or the other. for if your brother gets into a car accident with someone and it's his fault the other persons possession or lack of insurance won't matter. it will fall on your brother's auto insurance to pay for the other persons injuries. i think the same mindset applies here and i think the injured party in this instance has the full right to sue. to be on the safe side, your brother needs to contact an atty and get some input.

Answer 5

I believe your brother is responsible...

Though you should NEVER go to break up a dog fight!!!!!!!

Especially if it's not your dog!

They obviously will know that now...

Answer 6

Owner's are to be held responsible for their dog's actions.

Note:  Really?  You HAVE to have health insurance in MA?  How the h**l do people afford that?????????

Answer 7

Your brother is responsible for the actions of his dog and the owner of the Springer Spaniel is responsible for his.  The owners of the dog should have watching their pets and not letting them roam unsupervised with 40 people in the year.  

Also, it is not wise to break up two fighting dogs!  The best approach would have been to get the water hose and separate them or pour a bucket of water on them.  It breaks the animals concentration and then the fight can be broken up by humans.

Answer 8

You're right on all four accounts! IMHO

Answer 9

Honestly, the best person to ask is an attorney licensed to practice law in your state. Our opinions are just that, opinions, and baseless without thorough knowledge of your state's laws regarding pets, homeowners insurance and so on.

Answer 10

I agree with you. If it was his dog and on his property its his fault

Answer 11

your Bro is going to get his butt kicked legally and financially in this case. Sorry to say doesnt matter if it was his home or not. The friend was there invited and he was a guest. He was on the property. Dog is going to get a dangerous dog verdict and quite possibly be required to euth him. At any rate his home owners insurance is either going to drop him or skyrocket.