[Hlennisal]

I personally do not care what the breed of the dog was, it left its own property and bit someone....
the dog owner should be responsible for all expenses related to treating the dog bite.... and only the dog bite...
the miscarriage has nothing to do with the dog bite...
and the dog should be put down....

Honestly obed, are you qualified to make that call? I agree the dog should be put down but how can a layperson give a medical opinion.

Unless your a OBGYN?

[Kragh]

Honestly obed, are you qualified to make that call? I agree the dog should be put down but how can a layperson give a medical opinion.

Unless your a OBGYN?

here in Texas, if it went to trial, it would be a jury trial....
and either 6 or 12 of us lay people would be expected to make that call...
and of course we would hear medical "expert" opinion from both sides...
we would hear one doctor saying the bite had nothing to do with the miscarriage, and one from the other side saying it did...so yep, us lay people with no medical expertise would have to make a choice....
am I qualified... only to serve on a jury... and I think that is what the lawyer is trying to decide, what chances he has with his argument in front of a jury...and whether or not he should push for a settlement...

[Hlennisal]

here in Texas, if it went to trial, it would be a jury trial....
and either 6 or 12 of us lay people would be expected to make that call...
and of course we would hear medical "expert" opinion from both sides...
we would hear one doctor saying the bite had nothing to do with the miscarriage, and one from the other side saying it did...so yep, us lay people with no medical expertise would have to make a choice....
am I qualified... only to serve on a jury... and I think that is what the lawyer is trying to decide, what chances he has with his argument in front of a jury...and whether or not he should push for a settlement...

But you would never make the jury, you moderate a pitbull website.

He should ask the question on yahoo, everyone will blame the dog. This sites members are biased.

[regfortruegoo]

Hello again, and thank you for replying to my post. It is proving very interesting.

Let me clarify: my attorney friend is a neutral attorney - working with both sides in hopes of reaching a settlement so it does NOT go to trial. He is "straw polling" several groups, to get the array of answers, and then utilizing the information with both sides.

This group's bias towards pit bulls is taken into consideration.

thank you!

[kilibry]

This is a ridiculous thread! Coming from someone that does insurance defense work/PI work for a living...first you need a MEDICAL expert to opine the cause of the miscarriage and the amount of money will be determined by statutory caps. NOT A MESSAGE BOARD. Further...the homeowners insurance of the dog owner will FIGHT and litigate this case and hire their own MEDICAL expert to say that the miscarriage was not caused by the bite. I can't believe that the OP is for real!

[smazibummigue]

While the lady might have been having trouble with the pregnancy to begin with, that level of stress from the bite, could have been the "straw the broke the camel's back."

I am very sorry to hear of the woman's loss. Prayers sent to her and her family. (if she does exist).

I hope that dog was put down.

I have a feeling the OP is fishing to see how we react to situations.

[MormefWrarebe]

Well with previous issues and medical problems, I can see the stress of a serious attack/bite causing her to lose the baby.. if she was deeply affected by it. I have been attacked and bitten by dogs and other animals, and it's never caused me real stress.

I can see getting hit by a car, mauled, something seriously traumatizing physically/mentally/emotionally causing someone who's already having complications to lose a baby, but not a dog biting your leg. Maybe if she was phobic of dogs.. ?

My sympathies for the poor woman.. I hope the dog was euthanized.

[Kragh]

But you would never make the jury, you moderate a pitbull website.

.

yep, if the plantiffs lawyer asked about that, I would be on his cut list....

[Friend_Joe]

Chances are.... the jury will side with the woman, and not the owner of the dog. Human emotions play a huge factor in how we, as people in general, see things, and if you aren't dealing with "dog friendly" people, they will see it as the dog was the reason for the miscarriage, period. Was the dog the reason she miscarried?? No way to know for sure, and I would be hard pressed to believe the dog was the sole cause, but there are a lot of people who will be quick to say, yes, the dog is the reason she miscarried. I think the dogs' owner should pay any and all medical bills related to the bite only. I don't think the dog owner should be responsible for the medical bills incurred due to the miscarriage, but whether a jury would see it that way, is anyone's guess. Let us know the outcome.

[Patabeamn]

1st post since joining in 2008 seems suspect to me

phising for info on what she is gonna get in court ?

[cindygirl]

Regardless of medical expert opinion, it's all speculation. There is no factual data that dog bites cause miscarriages. While stress may have been a factor, who says that THIS stress was the factor that caused it? Again, all speculation.
Court cases should be decided on fact, and I'm sure the dog owner's insurance is not going to dish out money based on speculation.

[ArrereGarhync]

Complete Speculation. The attack MIGHT have caused a miscarriage or it MIGHT NOT have been a factor. If it is real, I hope the dog was put down.

[kilibry]

Actually...in a civil case....the matter is decided by the preponderance of evidence...which means "what is more likely to have occurred.....in a criminal case the burden of proof is much tougher and completely different. When the jury gets the charged by the judge they are explained the difference and the common language is "51% gets you there."

Medical experts do opine based on FACTS and then they give an opinion as to proximate causation

Not trying to argue with anyone....but if the owner of the dog has insurance...they will offer a defense for the policy holder......

This story is bogus anyway....I have NEVER worked for an attorney or in any firm that needs someone to take a poll on a message board that is clearly biased.....and further it's completely unethical for the attorney to be "working with both sides" it's called a conflict of interest and Legal Malpractice!

[Kragh]

Actually...in a civil case....the matter is decided by the preponderance of evidence...which means "what is more likely to have occurred.....in a criminal case the burden of proof is much tougher and completely different. When the jury gets the charged by the judge they are explained the difference and the common language is "51% gets you there."

Medical experts do opine based on FACTS and then they give an opinion as to proximate causation

Not trying to argue with anyone....but if the owner of the dog has insurance...they will offer a defense for the policy holder......

This story is bogus anyway....I have NEVER worked for an attorney or in any firm that needs someone to take a poll on a message board that is clearly biased.....and further it's completely unethical for the attorney to be "working with both sides" it's called a conflict of interest and Legal Malpractice!

IN many civil cases here in Texas, the court will order an "arbitration", here that arbitration is conducted by a third law firm, a neutral lawyer, who listens to both sides together, and if necessary, separates them and goes back and forth between both sides, doing just what this post describes, gives his opinion of what might happen, what that side has to lose and suggests settlement options, if the arbitration fails, they go to court...and both sides equally split the cost of that attorney...

[cialesxtr]

I would have to agree that the dog didn't cause the miscarrige, don't be so quick to blame the dog.

[PlayboyAtWork]

I would have to agree that the dog didn't cause the miscarrige, don't be so quick to blame the dog.

Only a medical professional can make that claim of which I'm pretty sure the majority of us aren't, and even if we were, we wouldn't have enough factual evidence to make that claim.

[Sierabiera]

phising for info on what she is gonna get in court ?

dunno almost 2 years sure is a long time to watch a forum before you make a post and then one like this kinda makes me want to put my tin foil hat on so they cant read my mind

[assohillA]

Why did the dog attack for

---------- Post added at 07:35 PM ---------- Previous post was at 07:31 PM ----------

If dog was provoked I don't believe it should be pts

[pitoufsd]

I say the dog (no matter the breed) fled it yard and attacked a person. Therefore the dog owner is responsible for the damage their dog did.

The miscarriage is iffy and I would have to hear professional testimony to make a clear call. But going off of the info provided I see no cause for the dog owner to pay for miscarriage.

[Catieliecutty]

I was curious...so I googled. According to the Mayo Clinic (who I consider to be a reputable source):

Stress has long been suspected as a possible cause of early miscarriage, but there's little evidence to support the theory.
An estimated 10 to 20 percent of known pregnancies end in miscarriage. Typically, early miscarriage is caused by a fetal chromosomal abnormality or another problem in the development of the embryo.

If you're concerned about early miscarriage, concentrate on taking good care of yourself and your baby. Seek regular prenatal care, manage any chronic conditions and avoid known risk factors for miscarriage — such as smoking and drinking alcohol.

So proving a connection between the dog bite and the miscarriage is not looking too good imo.

I hate to say it but the case sounds like someone trying to capitalize on the fact that something bad happened to them. Like the people who are absolutely thrilled to get into a minor fender bender or slip & fall at Wal-mart...so they can have a law suit and get some extra cash...