Dog Poop Remover Bitten By My Dog...
An individual (and his employees) provide dog waste removal at my home. He recently entered my fenced back yard when the dogs were present and was bitten. On other occasions he has entered my yard with the dogs present. when I tried to bring the dogs inside he said not to because he can handle them.
He advertises membership in a professional organization that requires liability and workmen's compensation insurance. Who pays for any damages or injuries to him or his employees? Does his business insurance cover it, or am I required to pay?
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ANSWER for "Dog Poop Remover Bitten By My Dog...":
Even though the worker had workers' compensation, the worker still has a separate and independent right to seek damages from you (through your homeowners insurance). If you did not have homeowners insurance at the time of the worker’s injuries, the worker has a right to seek damages against you personally.
The fact remains, the worker was injured on your property when he was bitten by your dog(s). As a result, you are liable for his injuries and resulting damages. Damages usually include the victim’s medical bills, out of pocket expenses for medications, bandages, etc., his lost wages, and his pain and suffering.
Fortunately, you have a legitimate defense to the worker’s injury claim. Before he was bitten you offered to take the dogs inside. He told you it was unnecessary because he could “handle them.” In that case, it can be argued you acted reasonably.
Turn the matter over to your homeowners insurance company. Make sure you explain to the insurance adjuster you offered to take the dogs inside and that the worker told you not to. Your insurance company won’t simply agree to pay. Insurance companies don’t like giving their money away.
Even though negligence is not an issue in homeowners claims, your insurance company has a legitimate right to deny the worker’s claim.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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