One of the most important decisions any Washington, D.C. personal injury plaintiffs must make early on in the process is which parties to name as defendants in the lawsuit. Failing to name all potentially liable parties can have a disastrous effect on the plaintiff’s case for several reasons. First, a plaintiff typically only gets “one bite at the apple” and cannot file a second case based on the same allegations. Second, if a named defendant can convince the judge or jury that an unnamed party bore responsibility for the plaintiff’s injuries, the named defendant may escape liability entirely.
In Washington, D.C. dog bite cases, the owner of the animal that attacked the plaintiff should certainly be named as a defendant. However, depending on the surrounding circumstances, there may be additional parties, such as a landlord or property manager, who should be named. A recent case shows the type of analysis courts engage in when considering a dog-bite claim made against someone other than the animal’s owner.
The Facts of the Case
According to the court’s opinion, the plaintiff was out walking her two small dogs when two larger dogs began attacked her animals. The plaintiff tried to intervene, but one of the larger dogs knocked her down to the ground and started attacking her. A neighbor called the police, who shot and killed both of the large dogs. The plaintiff was airlifted to a nearby hospital with serious injuries.