$10M judgment for boy, mother attacked by dog

Case type: Dog bite

Facts: On a summer morning in 2021, sheriffs’ deputies responded to a call reporting a dog attack. Upon arrival they found a young boy sitting in his mother’s lap and observed a large amount of blood on the floor of the residence. Both mother and son were terrified of the dog, which had not yet been located, and reported that they had been on a walk through the neighborhood when a large dog ran from the porch of a residence and started attacking them and biting the son — an attack that was sudden and unprovoked.

During the attack, a woman in her 70s came out of the house where the dog had escaped, walked slowly to the pair, and tried to pull the dog away but was unsuccessful. Fortunately, another neighbor heard their cries and came to their aid.

Officers observed a large bite wound to the boy’s lower back, a large open bite wound on his arm, a large open bite wound to a lower calf, scratches on his arms and legs, and abrasions to his elbow and knees, consistent with falling to the cement during the attack. Officers noted deep bite marks with visible muscle tissue exposed. While one officer remained with mother and son, others were able to locate the dog back at the residence from which it had escaped. Several neighbors and bystanders were familiar with the dog and told law enforcement this was not the first time the dog was violent. Animal Control arrived and took possession of the dog.

The elderly woman’s daughter was not home when the attack occurred but arrived on scene as officers were removing the dog and stated that it had belonged to her son and she was caring for the pet during her son’s incarceration. She admitted to officers she had previously participated in a hearing following another incident where the dog attacked a beagle in front of the residence, causing significant injuries. Consequently, the attacking dog was declared a “vicious” animal by the city just months prior to the attack on the boy and his mother.

Responding officers also interviewed the neighbor who had rescued the mother and son, explaining that he had been inside his residence when he heard lots of screaming outside. He ran out and observed the mother holding her child, trying to protect him. The dog was jumping and scratching at the mother, trying to get to the boy, and the elderly woman was near the dog but did not make any effort to control it. The neighbor was able to drag the dog away by its harness, grab the child, and bring him and his mother to safety. Both mother and child were transported to a local hospital for treatment.

The son remained hospitalized for two days, with his mother at his side; was discharged in a wheelchair, and remained in bed at home for two weeks. He will require ongoing plastic surgery and treatment to repair the scars.

The mother was too preoccupied with her son’s injuries to consider her own and was evaluated at the hospital as well. The emergency room staff noticed she was covered in blood from her son’s wounds and had scratches all over and abrasions to both knees, which likely occurred when she fell to the ground during the attack.

Prosecuting attorney Andrea Posey

Legal strategy: While the dog custodian’s liability was not disputed, collectability posed a challenge. The dog’s custodian did not have her own insurance policy or any real financial assets. Through diligent work, Coopers’ handling attorney Andrea Posey learned that the homeowners’ association charged for insurance, and that insurance was supposed to provide coverage for incidents like this. After the homeowners’ association’s insurance company failed to accept the tender, the defendant stood trial as a precursor to an insurance bad faith case.

Outcome: Coopers LLP obtained a $10 million judgment, and the matter will now proceed as an insurance bad faith case against the insurance company for failing to defend the defendant.

Prosecuting attorney: Andrea Posey