Deposition in Sports Injury Lawyer Doug Landau's most recent dog bite and animal attack case focused on prior experiences with animals
While in New York and New Jersey last week helping a dog attack victim who was recently attacked while out jogging, Sports Injury Lawyer Doug Landau was struck by how many deposition questions centered upon the client’s PRE-accident interaction with dogs. At depositions (or “Examinations Before Trial” or “EBTs” in New York), insurance defense counsel is allowed to ask a lot of nosey questions. The Defendant dog owners’ lawyers are allowed to ask about “relevant” facts, as in trial, but also about matters “that may lead to relevant and discoverable information.” Even with this wide latitude, the Herndon and Reston sports injury and disability lawyer was surprised to hear some of the questions being put to the victim of a vicious attack by several dogs. His emotionally and physically scarred client was asked:
- Did you grow up with dogs ?
- Did your neighbors or friends have dogs ?
- What kinds of dogs ? How did you get along with these animals ?
- Did you have significant pre-injury interaction with dogs ?
- Describe your prior dog contacts
- What did you do prior to this attack when confronted by hostile dogs ?
- Do you interact with people with seeing-eye dogs or guide dogs ?
- Did you have any concerns about about dogs in general ?
Insurance Company lawyers will often allege (and seek facts to prove) that the victim of the dog attack “baited,” “antagonized” or somehow caused the animal to charge, claw and bite. The trial team at ABRAMS LANDAU, Ltd. has been successful in preventing the Defendant dog owners and homeowners insurance companies from winning cases using this tactic. Let us help you and your innocent loved ones who may have been attacked and injured by dogs and other animals. Our experience can help prepare you for the attacks yet to come, from the insurance company and their “hired guns.”