Can the adopter seek legal action against me?

Question

I posted a picture of a dog, with no biting history that I'm aware of, in need of a home. On Monday the adopter paid me a $200 adoption fee and picked up the dog. Everything was apparently going good, until Tuesday when I received a series of texts and phone calls from the adopter. The adopter told me that the dog had attacked his kid when giving him a hug goodnight and the dog was then picked up by Animal Control. Can the adopters seek legal action against me? Are they entitled to have the $200 adoption fee refunded?

Answer

Typically a dog “owner” is not responsible for a dog bite that occurs after the dog was given away. That is not to say he/she won’t be sued anyway. However, if the person who gave the dog away failed to disclose that the dog had a biting history or misrepresented it, a court might hold such person liable (this will depend on the facts and circumstances of each case). In settling a disagreement or claim, it is customary to have a release signed (basically stating that in consideration of accepting the money, such person has no further claim relating to the incident). However, since a minor cannot sign a contract, these matters get more complicated when a minor is injured (since a typical release won’t bind the minor). Consult with an attorney in your area for further information and certainly if you are sued.