Recent E&O Case-When the showing goes to the dogs

The Claim On May 1, the Licensee entered the property with a prospective buyer, which had been listed for sale. Prior to this visit, the listing licensee had provided the licensee with the combination to a lock at the property and stated that it was ready to be shown.

When they entered, they were surprised by a husky dog roaming free throughout the property.  Neither the seller nor the listing licensee had communicated that there would be a dog present in the house.

The energetic dog jumped at the licensee, striking her in the head and face and causing a number of injuries including a fractured nose, chipped teeth, and a concussion. The prospective buyer recorded a video of this incident.

The Licensee finished the showing and notified the listing licensee about the incident, but started to exhibit worsening symptoms as time went on, including headache, facial pain, nausea, dizziness, difficulty breathing, and memory loss.

A hospital visit on May 3,  diagnosed her with facial contusion and a closed head injury. A second visit to a different hospital on June 3,  found her diagnosed with a concussion as well as a number of additional conditions.

Per the physician’s recommendation, the licensee underwent a septoplasty and nasal fracture repair at another facility on August 6. The licensee‘s most recent visit to her doctor occurred on September 5. Though she had recovered from her surgeries without any major complications, she still experienced issues including pain, numbness, and memory loss.

The licensee‘s medical costs totaled $50,824.71.  Her attorney filed a claim with the Brokerage, requesting a $95,000 settlement.

Curtesy,  Verras Gray

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