Can a dog bite lawsuit be thrown out if there are no significant damages and the defendant already paid Plaintiff's bills?

November 20, 2014

Question

In May 2011, my husband's dog (We weren't married yet at the time) got out and bit a minor child in the neighborhood. The boy went to the ER and was treated for minor injuries. My husband paid the boy's medical bills. He went home the next day. Now, a few years later, the boy's mother is suing on behalf of her son as an infant and also on behalf of herself for loss of consortium. I think this is a scam, at least concerning the mother's individual claims, considering the boy does not have permanent injuries and can interact with his mother normally. What do you think about this, counselors?

Answer

I agree with my colleagues, but would add that the term 'consortium' is misplaced, The mother's individual action is a formality to preserve her rights under the Statute of Limitations. This needs to be referred to your homeowner's insurance company immediately.


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