Legal Question (Dog Bite, Lawsuit, Etc) UPDATED

There are different types of dismissals. It could be that the case was dismissed in such a way that left it open to be retried.

There are different ways of filing suit. Even if she was found against when suing you individually / dismissed in such a way that she can't file suit again, that doesn't preclude her from suing other parties. Different apples = different bites.

You need to speak to an attorney.

The law is far too complex for laypeople (like most of us) to give you the answers you're looking for outside of the generality that it MAY be completely legal or it may not.

I think this is a case of someone told her to refile before the statute of limitations ran out, though she may be out of luck given the timeframe you told us. I had that happen to me with a car accident (needless to say, I am no longer friends with the passenger who sued. His uncle was a lawyer....) I think you do need to find out if she can refile or if she lost her chance when the first case was dismissed. So, call a lawyer. You might also talk to the HOA if they are also named in the case, so that they know the history of the suit.

Take all the paperwork you have received (both past and present) to an attorney for a consultation. If the previous case was dismissed "with prejudice" then they can't win another suit and the new one will be dismissed. If it wasn't (it doesn't specify or says "without prejudice") then you need an attorney to defend it for sure. Either way, you want legal representation to argue on your behalf.

ETA: And I agree with Marda, that often times a well worded letter from an attorney could get this resolved. Why wasn't this pursued sooner? Did you move or in any other way avoid prosecution? If not, and you have been in the same place and available, then I would certainly suggest (via an attorney) that 3 years is an awfully long time to not bother to pursue an action if it really was that traumatic and life-changing for the plaintiff.
An attorney will know what the statutes are in terms of filing requirements and limitations.

ETA 2: (sorry)... just wanted to add that even if the original suit WAS dismissed with prejudice you cannot ignore the current filing. You must address it and bring it to the court's attention that it was previously filed and dismissed with prejudice. They aren't going to cross-reference every single filing since, well forever, every time someone files a case. It is incumbent upon you, (if your defense is that it was previously dismissed with prejudice) to bring that to the court's attention. A common mistake people make is to ignore court documents. NEVER ignore them. Even if you are in the right and there is no basis whatsoever for the claim. If you fail to respond after proper notification/service of process is made, then you forfeit your rights to argue your side and the plaintiff can win by default. Do NOT ignore the papers.

Many attorney offices offer a free half hour consult. You best bet in this case is to call one of them.

What did the judgment entry dismissing the last case say? Did it say it was dismissed with prejudice or was it dismissed without prejudice? If the case was dismissed with prejudice, another case cannot be filed on the same claim.

I'm not a lawyer. I would consult an attorney. Each county and state are different. So even if someone on here is an attorney, their advice would be just that - advice - unless you retained them. And if they don't practice in your state, they may not be able to help you.

Has the statute of limitations expired?
Did you keep the old order of dismissal?

If the lawsuit is from the same firm? You can "assume" all you want about "why" she opened it. However, why would a law firm take on more debt after a judge dismissed it? That's NOT a way to make money.

Did she put it in writing that she was at fault? Do you have a recording of her stating she was at fault?

Obviously she is no longer a friend.
Did you get your dog back or did the state put her down?

Whether it's legal or not - I can't say. Is it RIGHT? No, not in my book.
Heck you might even be able to find an attorney who will counter-sue your "friend"....pain and suffering for the loss of your dog, etc.

Dismissed is not the same as a judgment so depending on the circumstances they could file again.

The firm cannot sue you because they don't have standing so it would have to be your friend suing again.

So far as the merit of the case you really need to get an attorney to sort that all out for you.

Call your homeowners insurance company. Give them all the past paperwork. They should go to court for you, the insurace company has lawyers working for them. They'll take care of this. Thats what ins. is for. We had a neighbor do this years ago to us. Ins. co took care of everything. Good luck

We've never dealt with this, we are not lawyers so the advice I have is simply from knowing some ppl who have been on your shoes.

Each state and district is different. I suggest you lawyer up.

I know personally of 2 couples who make their living on lawsuits and settlements. As they go thru friends and neighbors, they move on to different areas if the DFW metroplex where they are not " known" .

One couple ( the hubby) routinely sues for employment issues. They've lost friends. My hubby said to this guys lawyer a couple years ago. Stop wasting my time which is $$$ trying to sue someone on an unfounded basis. They kept trying to get my hubby to say this guy was reputable... NOT

Case #2. Ex neighbor. Had too much to drink at a neighborhood party one night and blabbed about slipping and falling at grocery stores and getting about $100,000 per yr on settlements. She was a freaking medical dr who didn't finish her residency and this paid her student loans. They moved within a year after that because no one was stupid enough to allow them on personal property because we all knew the bottom line was they were after $$$ and a lawsuit.

This leads to my answer to your "friend". Some ppl here say you are not compassionate. I say they don't know the full story. If this person is still pressing for a settlement from you... From 2009 and you have been cooperative......... I envision this person like my ex neighbor looking at her income for the next year and the ex couple we are associated with .

Some ppl don't believe in hard work and personal responsibility therefore they rely on those of us who do to pay their bills through bogas lawsuits.

Was she hurt? Yes. Her face? Yes? Did you pay her medical bills? Yes. ( as you should have )

I see someone looking to make money off someone else vs being personally responsible for their own actions.

Granted.., if someone is truly hurt or injured on your property, yes you should ante up for all legitimate bills ( real time and long term)

Too many ppl are just looking for a free ride right now and won't stop at the legitimate costs... They just want all they can get from you because they see your insurance as free $$ owed to them. They can't see past themselves.

Spend the $$ for good legal counsel if you feel you are not justified to being sued .

Good luck

Sick society we have right now.

You need to consult with an attorney in your state. In California, dog bites are strict liability, meaning that you are liable for the bite no matter if the dog might have been provoked. The lawsuit would be over damages only. When a case is dismissed for lack of prosecution, it is generally dismissed without prejudice, which means it can be refiled. However, it must be refiled within the statute of limitations. In California, that would be two years from date of injury. You need to see what the statute is in your state.

I live in a town home community as well and the insurance included with my association dues cover the outside structures like yours. I have always carried three additional insurance policies on my home: 1. One that covers all of the appliances, air conditioning, plumbing etc. (this is actually very inexpensive) 2. One that covers replacement for my "stuff" (electonics, furniture, carpet, possessions, clothing, etc.) 3. A big fat umbrella policy

It doesn't help you now but you can always (and should) purchase additional insurance policies.

For this mess, consult your attorney. As mentioned below I would think it has to do with the time elapsed. I have also worked with law firms where another attorney is in charge of the case. I have never had to get permission from a judge, just a notification was sent to all parties.

I believe since the case was never tried, it can still be taken to court.

However, this incident took place in 2009. What is your states statute of limitations for a dog bite?

As well, for her to sue for pain and suffering...she certainly wasn't too concerned with it for 3 - 4 years.

It is likely a letter of threat.

Talking to an attorney is a good idea to make sure about any loopholes that might exist.
But according to this site, the statute of limitations for dog bites in Texas is 2 years.
If the incident occurred in 2009, she had 2 years to pursue it - and 2012 is too late.

http://dogbitelaw.com/beware-of-statute-of-limitations/ta...

Additional:
For New Mexico, the statute is 3 years - so you are out of luck in that respect.
Get a lawyer.

http://www.animallaw.info/statutes/stusnmst77_1_1_19.htm

You must ask a lawyer that deals with this sort of lawsuit this question. I suggest that it's possible that a well worded letter from your attorney would end this lawsuit.

And, you need to have an additional insurance policy that deals with events and situations inside your home. Talk with an insurance agent. It's too late for insurance to cover this incident but you want protection in the case of future incidents.

Sounds like you're talking about insurance purchased by the home owners association. You need a policy as an individual homeowner, too.

I think that this is a question for your lawyer. Please consult with him or her about it.

So sorry you are going through this.

Dawn

The answer depends on the language when the original suit was dismissed. It was probably dismissed "without prejudice" which means they can open it again. If it was dismissed "with prejudice" then they are done. Since it was dismissed for lack of prosecution, then it was probably dismissed "without prejudice."

I doubt this has anything to do with your friend not paying a lawyer. These things are usually done on a contingency basis meaning if there is no recovery, there is no fee.

It could be that your friend is getting ready to sue the law firm for their failure to prosecute the lawsuit so the firm is re-filing to save themselves from having to pay your friend.

Nothing anyone says to you here can be taken as legal council or legal advice... I hope you realize that. The situation is going to be based completely on your individual situation.

I really hesitate to cast negative light on your friend's motives here, and it rubbed me the wrong way when you downplayed her injury. You basically poo-poo'd her right to call her scarring "permanent disfigurement" by stating "She has a slight, barely-visible scar on her cheek that is no larger than a typical blemish." You also try to downplay what happened by the fact that she supposedly took responsibility for the dog biting her, as if that were to erase any emotional trauma or suffering.

What happened is a dog bit her face. Her FACE. And I'm sorry, but a dog bite to the face is pretty serious. Maybe it wasn't a gash that left a huge scar and major disfigurement, but it could have been deep and there could have ended up being lasting damage that wasn't apparent early on after the incident. We also tend to think of dog bites only being traumatic for little children but I find them scary as hell. I love dogs and I love all breeds, but I'm educated enough to have a healthy respect for them. When a dog bites, I may take "blame" initially because you don't blame a dog for acting like a dog, but bites to the face... come on, they're serious. They're traumatic even when you're not a small child. I would be having nightmares if I were your former friend.

You don't sound at all empathetic or symathetic, and I wonder if that was apparent early on. Like if you thought, "Well, I'm paying for your medical bills so you shouldn't really be upset about this." You're no longer friends, which says to me that although you offered to pay her bills something else happened in the situation. People don't just sue their friends. Do you get what I'm saying? And they don't drag these traumatic situations back up for no good reason. There has to be something unresolved.

I'm not blaming you.... but I think you missed something somewhere in the compassion department.

You also should have had your own homeowner's insurance. If you have a dog now, you need to add insurance for this sort of thing to your personal homeowners policy.

Get a lawyer. There could be much more going on here than you're giving your former friend credit for. She may very well be entitled to compensation.

I'm so sorry you're going through this. I agree with most posters - I would definitely talk to a lawyer. Hopefully the statute is 2 years and she can't do anything.

One poster mentioned that maybe YOU should countersue for your pain and suffering, loss of your dog and even loss of your friendship. People watch too much TV and get too many ideas - especially where dog bites are concerned.

I vehemently disagree with Jessica Wessica - she must live in another country. I'm sure it may have been traumatic, but your friend (ex) needs to take responsibility for her actions - whatever she did obviously antagonized the dog.....please tell me it was NOT a pit bull!!! I have one - I love them and they are NOT bad dogs. But people don't know how to approach dogs and often are the cause of their injury.

Please keep us posted!!!

There are two types of legal dismissal: with and without prejudice. If a case is dismissed without prejudice, it means it can be refiled. A situation for this would be, perhaps, if a person brought a lawsuit in the wrong county or something that didn't have to do with the case. If the case is dismissed WITH prejudice, it is considered dismissed and cannot be refiled. You need to find out how your case was dismissed.

Good luck.