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  1. #1
    Join Date
    Jul 2011
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    3

    Default Bitten by a Dog While on the Job

    My question involves an injury that occurred in the state of: New Mexico
    My sister currently works at a vet clinic. The dog in question is a bulldog. The dog seemed perfectly fine after getting anesthetic before it was to be spayed and had walked away then proceeded to whip back around and got a hold of her hand. The staff tried to pry the dog off has best as they could and in the process the dog bit another staff member. This dog came close to ripping her thumb off and crushed several bones in the hand as well as ripped some tendons. She just recently had surgery as we'l and may need to have future procedures do to the injury being so severe. Does she have a case against the owners? Owners stated this dog has never exhibited violence before and this is considered the "first bite" case this dog has had.

  2. #2
    Join Date
    Feb 2014
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    RTR/WDE
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    1,724

    Default Re: Bitten While on Job

    Why would she have a case against the owners of the dog? The dog has not presented any kind of 'biting' until under anesthesia. Seems to be a hazard of the job.

  3. #3
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: Bitten While on Job

    This is a WC issue. Even if by some miracle you managed to convince a court it was not the failure of the vet and staff to properly handle, sedate, monitor and control a pet in their professional care, it would first be owed to the state WC fund who paid the bills after the lawyer who would be crazy to take the case took his cut. You would likely end up in the hole.

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Bitten While on Job

    New Mexico permits a dog bite claim against the owner of a dog when the owner's negligence contributes to an injury, even if the dog has no prior history of biting or aggressiveness. However, there is nothing negligent in allowing your dog to be taken for treatment by the professionals of a veterinary clinic, who should all be trained and experienced in handling animals and dealing with the unusual behaviors that can arise when an animal is sick, in pain, or medicated.

    In the alternative, under New Mexico common law, an owner of a dog can be held liable for damages proximately caused by the dog if the owner knew or should have known that the dog was vicious or had a tendency or natural inclination to be vicious. The owner of the dog can assert as a defense to any such action that the person injured, if the injured person had knowledge of the propensities of the dog and wantonly excited it or voluntarily and unnecessarily put himself in the way of the dog. You have told us that the owner of the dog had no knowledge of, or reason to expect, violent behavior from the dog.

    If your sister discusses her case with a worker's compensation lawyer, her lawyer can evaluate the potential third party claim. However, from what you've told us so far she does not have a case against the owner under New Mexico's laws.

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Bitten While on Job

    Quote Quoting Mr. Knowitall
    View Post
    You have told us that the owner of the dog had no knowledge of, or reason to expect, violent behavior from the dog.
    That's what the owner "says."

    There's always a possibility that the owner is lying and an investigation might prove otherwise.

    It would be wise for the OP's sister to consult a personal injury attorney who has some experience in dog bite claims.

    Otherwise, I agree this is first a Workers Compensation claim.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Bitten While on Job

    There's always a chance that there's more information out there, somewhere, hence the statement, "from what you've told us so far". Given the apparent severity of the injury and the fact that it's an active worker's comp case, I still think the place to start is with a worker's comp lawyer. Some worker's comp lawyers also handle personal injury matters, but any decent worker's comp lawyer is going to be familiar with third party liability and will be able to offer referrals.

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