My wife, two small children, and I were going to a baby shower. However, we went to the wrong house. The house we went to was 1 block down from the house we wanted to go to. It just so happened the two houses had the same number.
I was getting the kids out of the car, as my wife went to the door and knocked. She knocked on the door 2 or 3 times. No one answered. She heard the TV on and thought they could not hear her knocking. Still thinking it was the baby shower home, since the door was unlocked, she poked her head into the door, but never entered the home.
The man was watching TV, greeted her, and then came to the door. She asked is this the right house and he said no. She then was turning away. The homeowner’s Rottweiler mix forced himself out the door and bit her on the front steps. She ran and it chased her to the lawn attacked her again, before the owner called the dog back into the house.
We called 911, but I ended up driving her to hospital. She had 4 teeth wounds, and one large thumb size wound that went deep into her arm. She also had multiple bruises and deep tissue bruises.
At the hospital, she received a basic clean, shots, pain killers, and hopes to heal in 2-3 weeks. She’s had two follow up visits for checkups, but I don’t expect a large medical bill. However, the pain is evident. I also had to take 2 weeks off work to watch our kids and take care of the wound, because she could not lift her arm.
I’m wondering what’s a ball park estimate for my claim, and if should I settle? I’m worried about the small medical bill. Also, could she be considered trespassing by poking head into the unlocked door? I wouldn’t think so. Any information you can give regarding next steps would be helpful. Thanks.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
Your wife was not trespassing. To have trespassed, your wife would have had to be previously warned, either by sign, or by verbal instruction, that she was not allowed on the property. From the facts you present, your wife was not instructed she was forbidden to come on to the property.
While you don’t mention it, we presume your wife’s injury claim is being processed through the homeowner’s insurance company. With that in mind, your wife will be entitled to reimbursement for her medical bills, out-of-pocket expenses (for medications, costs of transportation to and from treatment, etc.), and her lost wages.
If you can convince the insurance company your need to be home to assist your wife was absolutely necessary, you may be entitled to compensation for some, or all of your own lost wages.
Learn more here: Liability for Dangerous Dog Breeds
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.
Best of luck,
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