Legal Question in Civil Litigation in California
Dog attack
Recently when I was out walking my dogs(yorkies), a pitbull attacked one of my dogs. The pitbull was out wandering around by itself.
My dog sustained multiple lacerations as well as torn muscles and had to undergo surgery.
The pitbull was taken into custody by animal control.
Can I sue the owners for my vet bills, missed work and punitive damages?
Should I contact a lawyer or try and settle this on my own?
Any guidance would be greatly appreciated.
1 Answer from Attorneys
Re: Dog attack
You should be able to recover the vet bills. I'm not sure about missed work; how much did you miss and why? You won't be able to recover for work you miss in order to go to court, but you might for work you missed due to the attack if missing it was reasonably necessary.
You won't be able to get punitive damages unless the pit bull's owner did this deliberately. Since the dog was "wandering around by itself", I'd say the odds of getting punitives are very slim. This sounds like a negligence claim, and punitive damages are generally not available in such cases.
You may, however, be able to recover for your emotional distress.
Whether you should get a lawyer will depend upon how much money is at stake. If it's $7,500 or less, you should probably just go to small claims court. Litigants in that court are not allowed to bring lawyers.
Good luck.
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