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Maverick, Attorney
Category: Legal
Satisfied Customers: 5725
Experience:  20 years experience as a civil trial and appellate lawyer
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My husband that is not the owner of my dog is being sued on

Customer Question

my husband that is not the owner of my dog is being sued for negligence on my dog acting aggressively towards a family member (my niece in law). I was feeding my dog at my office behind a closed gate. my in laws came in thru the closed gate and got out of the vehicle and my dog knew my father in law and did nothing to him he just kept eating. my mother in law came out and the dog did not react. my niece came out of the car and the dog charged. I grabbed him and held him back and my mother in law thru herself on my niece and I secured the dog back in his cage. I brought my niece in and put antibiotic cream and a band aid due to her having a scratch. now my husband is being asked for his umbrella policy and liability policy. he nor I ever invited the little girl over nor did we know my father in law was coming over
Submitted: 2 months ago.
Category: Legal
Expert:  Maverick replied 2 months ago.

Welcome to Just Answer! My name is Maverick. (Here) is my profile. Please give me a few minutes to review, analyze and/or research your inquiry and I will be back. Thank you for your patience.

Customer: replied 2 months ago.
ok thank you
Expert:  Maverick replied 2 months ago.

1. When you say at your office can you tell me more? Is this a home office? Or, is this at building owned by your boss? It's not clear who is the owner of the property or the tenant?

2. What is the amount of her medical bills - best estimate/guess?

3. Can you please state your specific legal question so we know what type of answer you are looking for?

Customer: replied 2 months ago.
will you call me
Expert:  Maverick replied 2 months ago.

Under TX law, in order for her to recover damages for this she must show that the dog's owner knew the dog had bitten someone before or had acted aggressively in the past, or that the dog's owner was negligent in controlling the dog or preventing the bite from occurring, and that negligence caused the plaintiff's injuries. TX's dog bite laws also do not apply to trespassers.

So, if your dog has previously been calm and friendly but for some reason suddenly attacks a passing pedestrian [like in this case], then you may be able to escape liability by showing the dog had not shown signs of being aggressive before, and that once you noticed the aggressive behavior you acted quickly to protect the victim. So there was no negligence on your part and thus no liability.

Note: Most follow-up questions are answered with in the hour; however, if I am not signed on, please allow up to 24 hours. If we are done, please assign a feedback rating so Just Answer will compensate me. Thank you.

Expert:  Maverick replied 2 months ago.

For some reason the system is showing a payment failure on the phone call request so I went ahead and typed up a response above. Let me know if you have any other follow-ups.

Customer: replied 2 months ago.
do I need to get a lawyer to respond or witness statements
Customer: replied 2 months ago.
I keep entering the card and it has charged me twice already
Expert:  Maverick replied 2 months ago.

Please contact customer service at 1.***-***-**** for billing issues as I have no access to that information.

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