Should I Tell the Dog Owner I’m Thinking About a Lawsuit?

Telling the dog owner you’re considering legal action is almost never the right move. Here’s what happens when you do, and what to do instead.

The Short Answer

No — do not mention a lawsuit, attorney, or claim to the dog owner directly. Once they know you may sue, two things happen immediately: (1) they call their insurance company, who then takes a defensive posture and starts building their case against yours, and (2) any cooperation or honest admissions stop. Your attorney handles all communication with the dog owner and their insurance, which preserves both your case and the relationship.

Video coming soon — Solomon Radner answers this question

The Detailed Answer

Right after a dog bite, victims often feel two competing impulses: anger at the owner, and a desire to be “fair” by warning them. Both impulses push toward saying something like “I’m going to talk to a lawyer about this” or “I might have to sue.”

Don’t do it. Here’s what actually happens when you do.

The owner immediately calls their insurance

The moment they hear “lawsuit,” the dog owner contacts their homeowner’s insurance company to report a potential claim. The insurance assigns an adjuster, who starts a defensive file. The adjuster’s job is to minimize the payout. From that moment, every conversation, every social media post, every detail about the bite is being collected to use against your claim. The owner is no longer a friendly neighbor working things out — they’re a defendant being coached by their insurance carrier.

Honest admissions stop

In the minutes and hours after a bite, dog owners often say things that help your case: “She’s never bitten anyone before, I have no idea what got into her,” or “I should have had her on a leash,” or “She’s been getting more aggressive lately.” Those statements are legal admissions that can be used as evidence. Once the owner has been warned about a lawsuit, those statements stop. Your attorney can still get this evidence later, but it’s harder and more expensive.

The relationship gets worse, not better

Telling someone you’re thinking about suing them — even softly, even “fairly” — is one of the most reliable ways to end a neighborly or family relationship. It signals confrontation. By contrast, having your attorney quietly file the claim through the dog owner’s insurance often produces a settlement with no personal confrontation at all, sometimes without the owner ever being involved beyond signing a statement.

What to Say Instead

You don’t have to lie to the dog owner. If they ask whether you’re planning to do anything, you can say: “I’m going to focus on getting through the medical care first and we’ll go from there.” That’s true. It doesn’t commit to anything. It doesn’t tip your hand.

If they ask outright whether you’re getting a lawyer, you can decline to answer or say: “I’m still thinking about my options.” Again, true, and non-committal.

What This Means for Your Case

Once you’ve contacted an attorney, all communication with the dog owner and their insurance goes through your lawyer’s office. You don’t have to think about what to say or how to say it. The insurance adjuster who calls you can be politely told to contact your attorney, and they will. This is one of the practical benefits of representation that gets underestimated — the relief of not having to manage the conversation.

Bitten by a dog in Michigan? Call 1-800-LAWSUIT or request a free case review. No fee unless we win.