Hailey Rice (00:05):
Good morning. I’m doing well. How are you?
Hailey Rice (00:17):
The Katherine Miller case was a dog bite case involving a runner. Our client, Katherine, was the plaintiff in the case, and she was running down the street in her neighborhood, like most of us do when the weather gets nice. She was not too far from her house, minding her own business, when suddenly, out of nowhere, a dog came out of a yard into the street and started chasing her. She tried to run away, but before she could escape, the dog made contact and bit her on the side, leaving her with puncture wounds. She eventually got away and went to the hospital to treat her injuries. Although her treatment was relatively conservative, the experience left her with scars and a lasting fear. She became afraid of running in her neighborhood and was hesitant to go out in public or exercise, concerned that a dog might attack her again.
Hailey Rice (01:25):
Connecticut dog bite law is governed by what we call a strict liability statute, which means the owner of a dog is responsible for any damages their dog causes to a person or property. There are exceptions, such as if the person was provoking or antagonizing the dog. But generally, if you’re minding your own business and a dog bites you, the owner will be held liable for your damages.
Hailey Rice (02:10):
This case presented unique challenges. Typically, homeowners’ insurance policies provide some coverage for damages caused by pets, but in this case, it appeared that the defendant never informed his insurance company about the claim. After receiving the lawsuit papers, he did not respond, hire an attorney, or notify his insurance. We obtained a default judgment, meaning the defendant could no longer contest the facts of the case, leaving only damages to be determined. Collecting damages without insurance can be difficult, so we needed to find out if coverage existed.
Luckily, my background in mortgage compliance helped. I knew that a lot of information about property ownership and insurance can be found in public records. I looked up the property liens, identified the mortgage holder, and issued subpoenas to track down the homeowner’s insurance policy. Eventually, we found that the defendant had an FHA mortgage, which required him to maintain insurance. We were able to subpoena the policy and notify the insurance company, which then sent an attorney to the case, leading to productive negotiations.
Hailey Rice (04:50):
Initially, the insurance adjuster reached out to see if we could settle the case quickly, and I made a demand for $125,000 based on my conversations with Katherine and her experiences. After her deposition, where she described in detail the fear and anxiety that the attack caused, the insurance company better understood the scope of her damages. We continued settlement discussions from there.
Hailey Rice (08:16):
A deposition is a formal proceeding where a witness, under oath, provides testimony. In this case, Katherine’s deposition allowed her to share her story in her own words. She discussed what happened, her background, and the impact the incident had on her life. This helped the insurance company see the real extent of the damages, beyond just the medical bills.
Hailey Rice (09:40):
Every case is unique, and while insurance companies often start with medical bills when evaluating a claim, the objective of personal injury law is to make the plaintiff whole. In Katherine’s case, the medical bills were about $2,000, but this didn’t reflect the full extent of her damages. While it’s easy to quantify medical expenses, it’s harder to put a number on less tangible losses, like the fear of going out running again. This required deeper conversations to understand the emotional toll and evaluate the non-economic damages.
Hailey Rice (12:03):
If you’ve been bitten by a dog in Connecticut, the first thing you should do is get medical treatment, even if it doesn’t seem serious at first. Telemedicine is widely available now, so it’s easier to consult a professional. Also, it’s important to consult an attorney as soon as possible to understand your rights. Some people hesitate because they feel sympathy for the dog or its owner, but it’s crucial to know what options you have. Additionally, report the incident to animal control to ensure that the dog’s behavior is recorded, which can prevent future incidents.
Hailey Rice (13:52):
In this case, the dog was not put down. Typically, on a first offense, animal control issues conditions the owner must meet to ensure public safety. For instance, the dog may need to be muzzled when out in public or confined to a fenced area if there’s a history of escaping. In this case, those precautions were put in place to prevent future incidents.
