Section 767.04 Fla. Stat. provides that the owner of a dog is liable for injuries caused by a dog to any person who is lawfully on the dog owner's private property at the time that the injuries occurred. The dog owner's liability is, however, reduced by the percentage of negligence attributable to the person bitten.
A two year old child is legally incapable of being negligent -- however, the parent has a duty to properly supervise, so the negligence of the parent becomes relevant in determining the percentage of fault attributable to the child. Benton v. School Board of Broward County, 386 So.2d 831, 834 (Fla. 4th DCA 1980) (parent has duty of reasonable care in supervising a minor child).
Anticipating your next question, you are likely to ask: how do I determine the percentage of negligence/fault. The answer is that you can't do this -- only a jury can make that determination. So, put yourself in the shoes of a juror, and decide who will get the money in this situation. Regrettably, because the child is so young, the jury will almost certainly take pity on the child, and reduce the mother's fault to the bare minimum. In short, this is a great case for the lawyer who contacted you, and a bad case for your homeowners insurer.
If you decline to provide your insurance company's identity to the lawyer, he/she will sue and you'll have to provide it, anyway. Whereas, if you provide the information voluntarily, your insurer is likely to settle the claim, and that will be the end of the matter.
Your insurance premium could increase, but that's nothing compared to what this could have cost you without any insurance. So, give the lawyer the insurance info, and hope for the best. When the insurer asks you about the matter, explain that the child was unsupervised. Don't tell the lawyer anything, except for your insurer's identity.
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