what would you pastors do?

[steveo]

My son who is 5 was bit by a dog and had to have plastic surgery to repair a severed tear duct.
It's a long story but the owner is a christian, but they haven't offered to do anything.
I know 1 cor 6 says not to sue a brother, but would you have them turn it in to home insurance?
We found out the dog has done it before.
Steve

 

[Circuitrider]

It seems to me that I Cor 6 is talking about fellow believers in the same church. However, the next logical step might be to go to that brother and talk with him and ask him if he would be willing to use HIS home owner's insurance. If you haven't talked with him about it, you should. Then if he is unwilling, you will have to decide if you are willing to sue him or use your own insurance.

 

[USN2Pulpit]

Tell your insurance company what happened and let them deal with it insurance company to insurance company. It's been done like that before, and after all, that's what insurance is for.

 

[GODzThunder]

I have always understood that a dog that tastes blood will gain a taste for blood and such, when they attack a human, need to be put down. This time plastic surgery, the next victim could be killed or marred for life. I do not believe in suing but I do believe in pressing legal charges (calling the police to have the dog put down).

 

[David Ekstrom]

Let's lay out the facts.
1. Your child was injured and required surgery.
2. The owner of the dog responsible had had a previous incident.
3. The owner of the dog has done nothing to make restitution for the damage that he has allowed to happen to your son.
So what does the fact that the person claims to be a Christian have to do with it? I Cor. 6 was written to a very different time and place. I don't think that passage forbids any and all legal action from Christians today.
I agree with USN2Pulpit. Turn it in to your insurance company and relate the facts to them. It's most likely that the other homeowner's insurance will settle out of court, but if not, your first loyalty is to your son, not your irresponsible neighbor.

 

[GODzThunder]

I still say my first thought would not be on restitution of the cost... My thought would be on the welfare of your child and other people in the neighborhood.

I have to know, where was your child when it was attacked by the dog? If it was anywhere other than in your own yard then why was your child in that area? I ask because the answers can greatly affect the outcome of the situation. ex, if you son was trespassing on the neighbors yard then they would have no obligation to compensate injuries sustained. You would have to learn your lesson and tell your child to stay out of other people's property uninvited. if you child was in your yard or in a public area (ie street or sidewalk) that is a different matter. then that animal is to be considered a menace and needs to be put down. Think of the safety of other children in your neighborhood. Remember the incident on national news about the boy who was mauled by dogs.

 

[steveo]

Its a long story but here it goes.
One of my old youth from the youth group I pastored invited us over for dinner. She is now 21 and lives with her mother and grandmother(who were on vacation) who owns the dog.
They have 4 dogs and she thought this dog was out but someone let it in.
We finished eating and my son bent down to pet it and then the bite. It was said after the bite this dog has done it before, and we had no idea.
She even agreed it should be put down but the grandmother doesn't think so I guess since nothing has been done. I did contact my health insurance and they said since it is a dog bite they will probably bill the dog owner.

 

[Magnetic Poles]

Steveo, your son is in my prayers.

 

[Karen]

Originally posted by GODzThunder:
.....I have to know, where was your child when it was attacked by the dog? If it was anywhere other than in your own yard then why was your child in that area? I ask because the answers can greatly affect the outcome of the situation. ex, if you son was trespassing on the neighbors yard then they would have no obligation to compensate injuries sustained. You would have to learn your lesson and tell your child to stay out of other people's property uninvited. if you child was in your yard or in a public area (ie street or sidewalk) that is a different matter..........

Actually, not quite.
You are correct that the fact pattern can greatly affect the outcome. However, there is something called attractive nuisance. A child trespassing where someone has failed to provide adequate reasonable safeguards can certainly lead to the homeowner being liable.

For example, if a neighbor child drowns in your swimming pool, when there was no fence or lock to keep him out. You didn't even know he was there. You may have even warned him to stay out. But you did not take prudent steps.

There is also the issue that you have a kind of contract with your insurance provider. You have a duty of full disclosure to them. In one sense, you can be considered to be cheating your insurance company when you just turn in the claim, have them pay it, and neglect to mention that someone else may have been liable. I would let the two insurance companies handle it.
If you find it appropriate to sue in addition, an attorney would tell you about all kinds of potential damage claims you likely haven't thought of.
Also, to protect the other children in the neighborhood, the dog needs to be turned in. What would be decided then would be out of your hands, but you would have done what you could to protect area kids.

P.S. I just read your follow-up post before I posted this. A lot of what I wrote does not apply to your specific situation, but some points are, I think, applicable to a general discussion. (I am not an attorney nor qualified to give legal advice, but I do have a paralegal degree.)

Karen

 

[dianetavegia]

Oct. 10th, 1994 I was mauled by an Akita chained in a man's yard. I was helping my children fill in on a newspaper route we didn't know and had walked up to try and find a house number. After MANY years, the homeowners Nationwide Insurance finally paid for my 5 surgeries. I opted not to have plastic surgery because the damage was so great and the necrosis (dead tissue) had spread so far that I would have had a BIGGER scar.

This homeowner had a Beware of the Dog sign on his partially opened garage door. It was pitch black and he had no porch light or lamppost as required by law for 911. His dog was on a 30 ft. chain.

So, contact your homeowners insurance and let THEM contact your neighbor's insurance. If your child is left with a scar, he may receive a very large settlement. I was a 44 year old woman and my scar is on my leg. The judge said the scar (7 inches long) didn't count at my age.

 

[Humblesmith]

Nicely and lovingly mention to the homeowner that you will not be returning to their home. The laws of some communities demand that the animal be put down, which it should, and the owner ticketed, which they should also. Tell the homeowner of the cost that it incurred to you, but more importanly remind them of how close your child came to losing an eye. Remind them that if in the future more severe damage is done, another person would sue them. If, upon learning of the exact cost to you, the homeowner does not offer payment, then let it go, and forgive them.

But don't return to the home. Follow the local laws about animal bites. You may be required to report it.