Legal Question in Civil Litigation in California
My daughter was walking our dog, on a leash, in front of our house. Our dog was attacked by two other dogs and almost killed. Our dog servived but not without major medical costs. Is the owner of the two attacking dogs responseable for the medical costs? Is there a cost ceiling also?
2 Answers from Attorneys
I am sorry about the incident. In California, dogs are no longer allowed one bite before their owners are considered negligent. Even the first time a dog gets into a fight, the master is considered negligent unless the can show some defense such as the other person goading them, trespassing on the property, etc. Based upon the facts you recite, the dog owner is liable for all reasonable costs you incur for the treatment of the dog,without there being a dollar limitation. The defendant might argue that since a dog is considered property any amount of the medicals bills beyond the dollar value of the dog is excessive, but I doubt anyone would accept that argument.
If your daughter was holding the leash during any part of the attach on your dog, it is possible to argue that the other dogs contacted her person and thus the owner is liable for assulat and battery on her and she could sue for her emotional distress as to the horrible incident and the condition of your dog. Contact the owner of the dogs and find out if he has insurance coverage [homeowners' should cover it]. Find out what the insurance company is willing to offer and then go to some Plaintiff's personal ilnjury lawyers and see what they can get over that amount and try to get them to base their fees only on what additional sums they can get for you] .
I agree with George's approach and yes they are 100% responsible and there is no limit on the amount you can sue for but there are restrictions for what damages you can recover. You certainly can recover medical bills, but not any pain and suffering your dog went through, nor the emotional distress your family endured due tot eh suffering of your dog. You might as George suggests try for emotional distress from the watching of the incident and the close connection your daughter had and the fear that she might have had theat she was going to be attacked too.
By the way make sure you called local Animal Control and reported the incident and that they do something about the owner and his vicious dogs.
Hope that helps and good luck.