[WSBARP] Slightly off Topic - Possible Referral - property damage - dog bite

[Mark Vohr]

Thanks Diana - the Terrier was not on leash - It bolted out the door when the owner opened it and, as I understand it, beelined to the Pit Bull who was on leash, but that owner could not control the dog once the interaction started between the two.  So it would seem likely each is responsible.

Regards,

Mark

Mark C. Vohr
Ohana Fiduciary Corp.
Ohana Financial Services
A Washington Trust Company
Mark C. Vohr, J.D., CPG, Principal
PO Box 33710  Seattle, WA  98133
T:  (206) 782-1189 F:  (206) 782-1434
mcv at ohanafc.com      www.ohanafc.com

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Diana Tehrani
Sent: Wednesday, December 18, 2019 2:46 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Slightly off Topic - Possible Referral - property damage - dog bite

Each dog owner has a duty to have control over their animal.
Based upon your synopsis the pit bull owner did not have control over that animal, but I cannot tell whether the terrier was on a leash and whether the terrier owner had control over that pet.  If yes, the pit bull owner would be liable even if that dog was on a leash because they were not able to control their animal.  If the terrier was off leash then it sounds like both pet owners were not in control of their animals in the common area so they might each be responsible for the consequences.

Diana

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Mark Vohr
Sent: Wednesday, December 18, 2019 2:04 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Slightly off Topic - Possible Referral - property damage - dog bite

PC opens front door.  Small terrier races out and confronts pit bull on leash.  Pit bull attacks the terrier, pit bull owner can't really control the dog (so I'm told).  Terrier owner pulls the two apart.  But not after terrier gets the worst of it - about $3,000 in vet bills.

Owner of pit bull makes claim to home insurer.  Home insurer gets statement from Terrier owner  - basically the above - and denies claim.

This is not my area of law, so I would refer something like this.  However, under the fact pattern it seems to me the terrier owner does not have a claim against the pit bull owner.  There is little question the terrier started it all.  The altercation took place in a common area of this condo development (outside).

Thoughts?

Regards,

Mark

Ohana Fiduciary Corp.
A Washington Trust Company
Mark C. Vohr, J.D., CPG, Principal
PO Box 33710  Seattle, WA  98133
T:  (206) 782-1189 F:  (206) 782-1434
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