If my roommate’s dog bit my dog in the face causing a huge hole right next to his eye, who is responsible for paying the vet bills?

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If my roommate’s dog bit my dog in the face causing a huge hole right next to his eye, who is responsible for paying the vet bills?

My dog was 4 months old at the time and hers is about 4 years. My dog is not aggressive and has never bitten anyone, and being so young I can’t see how it would have been his fault anyway. She refuses to help pay for any of it, or even say sorry, and claims it was my dog’s fault because he was in her room.

Asked on November 12, 2011 under Bankruptcy Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Liabilty generally depends on fault. If there was notice or warning that her dog was viscious (e.g. it had attacked persons or animals before) and proper steps to control it were not taken (e.g. a cage or crate when anyone was around; a muzzle; etc.), then your roommate may be liable. But if this was a first time attack, when her dog was in her room, it is difficult to see that she did anything wrong and it is doubtful that legally, she would have to pay.


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