Interrogatories in a Dog Bite Case

In a personal injury lawsuit over a dog bite, the injured person (the plaintiff) and the animal's owner (the defendant) exchange information about the case during a process called "discovery."

Each state (and the federal government) has written rules that control when and how discovery happens. One common method of discovery is through the exchange of interrogatories. Interrogatories are written questions that must be answered under penalty of perjury within a certain time frame, typically 30 days.

When the parties exchange interrogatories they are digging for information about:

• the claims the dog bite plaintiff is making
• the plaintiff's injuries
• potential dog owner defenses, and
• the credibility of people connected to the case (like the parties, witnesses, and experts).

Interrogatories can be sent at any time during discovery, but state and federal discovery rules typically limit the number of interrogatories that each party can send. For example, in federal court, you're limited to 25 interrogatories unless the court or parties agree to more. (Fed. R. Civ. Proc. 33(a)(2023).)

Sample Interrogatories

Here are some sample interrogatories that a plaintiff and defendant might exchange in a dog bite lawsuit.

Plaintiff's Interrogatories

After gathering information about the defendant's address, family, and work history, the plaintiff will likely send some or all of the following interrogatories to the defendant.

1. Identify the breed, age, weight, color, and name of the dog.
2. Identify the owner of the dog at the time of the incident and any previous owners of the dog.
3. Identify who was handling the dog at the time of the bite.
4. Identify anyone who regularly handles the dog, such as a dog sitter, groomer, or trainer.
5. Has the dog ever bitten another person? If so, provide the name, date of birth, and last known address of each person the dog has bitten and the circumstances surrounding the incidents.
6. Has anyone ever complained about the dog's behavior towards humans or other animals? If so, provide details, including the nature of the complaint and the name and last known address of the person who made the complaint.
7. Have you ever been sued over this animal or another animal you've owned or handled? If so, provide details.
8. What, if any, warnings did you provide about the dog's behavior, breed, or temperament prior to the incident?
9. Did you do anything to prevent the dog from biting before or during the attack?
10. Identify by name, last known address, and phone number of each person who witnessed or claims to have witnessed the dog bite incident.
11. Identify the name and address of any veterinarian or clinic where the dog has received treatment within the last five (5) years.
12. Provide any documentation related to the incident including animal control reports, photographs, and videos of the dog and the location where the bite occurred.
13. Have you or any known witness ever been treated for a mental or physical condition that could affect your memory or perception of this incident? If so, identify the condition and the name of the treating physician.
14. Identify each person you've spoken to or written to about the incident and provide a summary of your statements.
15. Identify any insurance policies that may cover the incident, including homeowner's or renter's insurance policies.
16. Have you or any known witness ever pled guilty or no contest to, or been convicted of, a felony or misdemeanor? If so, identify each felony or misdemeanor, the charging jurisdiction, and the year of the plea or conviction.

Defendant's Interrogatories

After gathering information about the plaintiff's address, family, and work history, the defendant will likely send some or all of the following interrogatories to the defendant.

• Describe the circumstances surrounding the dog bite incident, including the location, time of day, and what you were doing at the time you were bitten.
• Have you ever been injured by other dogs or animals? If so, please provide the date, describe the nature of your injuries, and identify any related legal action.
• Do you currently, or have you, in the past ten years, owned a dog? If so, please provide the dog’s breed, weight, and dates of ownership.
• Do you admit or deny that you provoked the dog prior to the attack? If you deny it, state the facts that support your denial.
• Identify the names, addresses, and phone numbers of all witnesses to this incident.
• Was the dog on a leash or otherwise restrained or under control at the time of the incident?
• Did you see any signs warning you about the presence of the dog in the area where you were bitten?
• Did you seek medical attention after the incident? If so, please describe the nature of your injuries and what type of treatment you received.
• Provide a list of all health care providers (physical and mental) who have treated you for any injury, illness, or condition.
• Have you or any known witness ever been treated for a mental or physical condition that could affect your memory or perception of this incident? If so, identify the condition and the name of the treating physician.
• Have you spoken to anyone about the incident? If so, provide their names and contact information.
• Have you written anything about the incident, including on social media? If so, provide copies of all written statements.
• Identify insurance companies you've received benefits from related to the incident, including health insurance, disability, and workers' compensation.
• Have you ever been convicted of a misdemeanor or felony? If so, identify where, when, and what charges you were convicted of.

Talk to a Lawyer About Discovery Issues

Whether you're a dog owner or the victim of a dog bite, if you're in the discovery phase of a lawsuit, it's probably time to talk to a lawyer who understands the rules of discovery. A lawyer can help you draft interrogatories that will get you the information you need to win your claim and help you answer and object to the other side's interrogatories.

Learn more about working with a personal injury lawyer. When you're ready, you can connect with a lawyer directly from this for free.