Legal Question in Civil Litigation in California

dog bites dog

My border collie escaped recently while in the care of my roommate. A woman a few blocks away saw the dog and called the number on the tag to have it picked up. While waiting, the woman invited my dog inside her house to ''play'' with her four-pound Chihuahua, although neither she nor her Chihuahua had ever seen or met my dog previously. My dog bit the Chihuahua; the good samaritan says I'm legally liable for the $6000 surgery endured by her Chihuahua. Am I legally liable?


Asked on 11/29/06, 12:03 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: dog bites dog

If you are liable -- and this is a huge "if" since you apparently didn't violate any legal duty you owe to the Good Samaritan -- you would be liable only for the fair market value of the Chihuahua.

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Answered on 12/01/06, 11:56 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: dog bites dog

I wrote up a lengthy answer for you, but it turned out to be so intricate and involve so many legal doctrines that I concluded a law professor came up with the question for an exam. The fact that you posted it during exam season bolsters my suspicion. That you know the other dog's exact weight and included it in the question makes me even more suspicious.

LawGuru isn't here to help people cheat on their exams, so I've decided not to post my response. If this situation is for real and you want to contact me privately I'll be happy to share my answer with you and post it here for others to see.

If I haven't posted a second answer here within a few days, you other readers will know why.

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Answered on 12/02/06, 3:42 pm


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