by Guest » Wed Sep 18, 2013 10:17 am
Last night a dog of my neighbor bit my 5 year old son while we were invited over his place. He had to undergo a painful process of 18 stitches in his right leg. Can I sue the person as he has no insurance for that dog?
Posted: Thu Sep 19, 2013 02:00 am Post Subject:
Yes you can. This person does not have any liability insurance, such as home owners insurance? If you spent some money and obtained a judgement, how would you collect on the judgement if the person does not own a home and has no insurance? Wining in court does not mean the person hands over cash when walking out of court.
Posted: Thu Sep 19, 2013 04:22 am Post Subject:
Yes, at the least for the medical bills. Later on, you can tap him for suffering and pain. Hope your son is better now!!
Posted: Tue Sep 24, 2013 10:32 pm Post Subject:
Yes, at the least for the medical bills. Later on, you can tap him for suffering and pain.
This would be a questionable course to follow. The legal premise of res judicata (like double jeopardy under criminal law) could prevent relitigation of a matter that was already adjudicated.That's the reason a plaintiff is supposed to ask for everything they want in their initial complaint. If, for example, the attorney forgets to include the paragraph about being paid for his services by the losing party, he cannot go back and ask for those damages later.
The OP's question did not go to this depth. The question simply was, "Can I sue the owner of the dog for my son's injury?" The answer to that question is YES, but not before all the damages are known, including psychological and the ubiquitous "pain and suffering". Injuries to children that can easily inflate the damages involve lasting disfigurement or disability.
While you cannot wait forever to sue or make a claim, you should not settle until all the damages are known and can be assessed.
tcope asked the definitive question: how would you collect on the judgement if the person does not own a home and has no insurance? He knows, like most others and I do also, that you cannot get blood from a turnip.
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