Legal Question in Civil Litigation in California
Dog bites dog causing injury
Woman walking large dog on leash. Stops to talk to man who owns small dog (not on leash) which runs out of yard, barking, into face of large dog. Small dog is bitten, causing injury. Is woman liable for Vet's bill? Owner later claims his knee was injured seperating dogs & wants compensation. He later spreads false rumors impuning woman's character. Who's liable for what?
4 Answers from Attorneys
Re: Dog bites dog causing injury
Not really up to speed on dog bite liablity.
Re: Dog bites dog causing injury
The woman should report the incident to her homeowners or renters insurance company. They will sort it out for her and pay if she is responsible.
Re: Dog bites dog causing injury
I agree with Martin Snitow. However, depending on the nature and character of the impugning comments and to whom they were made, the woman might have a claim for defamation that the insurance would not cover. More facts are necessary, i.e. to whom the comments were made (if other than the woman), what the owner said, etc.
Re: Dog bites dog causing injury
The woman is not obligated to contact her insurance company, but it would be an easy way to wash her hands of the situation.
The case is one of (possible) negligence. Where was the woman standing when she stopped to talk? Was she in the street the whole time? If so, it sounds like she did nothing wrong.
Essentially, the question is, "Did anyone's actions create an unreasonably dangerous condition?"
Having a dog outside without a leash probably creates such a situation. Since he was the only one damaged, he shouldn't be able to recover.
THIS IS ALL BASED ON A VERY LIMITED UNDERSTANDING OF YOUR SITUATION. THIS SHOULD BE USED AS A GENERAL OVERVIEW AND NOT AS SPECIFIC LEGAL ADVICE. CONTACT AN ATTORNEY IF YOU WISH TO PROCEED.
Regards,
Ben