Legal Question in Civil Litigation in California

Re: Documenting payment for dog bite

If you think your neighbor might take some form of legal action against you, then you need to have a release prepared and have him sign it. You should have a lawyer draft the release for you, but the costs should be relatively modest as most attorneys have release forms already and will only need to tailor their existing form to your situation.

Of course, your neighbor might not like this and may demand something extra from you before signing.

Alternatively, you could just pay and hope that they won't sue.

Your check will prove that you gave them money, and you may be able to prove that the money was for their doctor's and veterinary bills (or you may not). But this will not legally bar them from seeking other damages from you. Their case would be a bit weaker due to the payment, but it would not be barred.

Re: Documenting payment for dog bite

You should definitely obtain a release of his claims against you. If you do not wish to have a lawyer prepare one for you, you can simply have him sign a letter agreeement which specifies that there was a dog bite injury and that you are paying him in full to satisfy him claim against you. Further, that by accepting your payment he is waiving all further claims.

However, before you pay him you might see if your own insurance company (home owners or renters liability) would cover the claim. It is possible that they would but if you pay the money before submitting the claim to your insurance company that would be grounds for their denying it outright.