Legal Question in Civil Litigation in California

Re: Dog biting another dog

Based on the limited facts you have provided, I don't see how you could be liable. People are normally not legally responsible for torts committed by their houseguests, even when the guest is a relative. Of course, additional facts might lead me to a different conclusion

As for the amount the plaintiff is seeking, that would depend on why she claims to be entitled to it. Small claims plaintiffs often include in their calculation the value of items they are not entitled to, but without knowing what she is claiming I can't begin to assess whether the $4,400 is reasonable under the circumstances.

Re: Dog biting another dog

I agree with Ed Hoffman's assessment. The other person might be claiming emotional distress as a result of the injuries to his/her dog. If he/she did not see a mental health practitioner, that sounds like a stretch. He/she might also claim loss of time and income from work to take the dog to the vet. That might be compensable. So your mother should be prepared to attack these issues, especially if the other party has no proof of her income or time lost. I don't see how you can be held liable, however. -Robert F. Cohen, Esq.

Re: Dog biting another dog

I agree that you are not liable under the facts you gave. However, I would turn this claim over to your homeowner's insurance agent (or renter's insurance if you have that). They should cover this kind of claim.

Re: Dog biting another dog

Based on your facts you are not liable.

Re: Dog biting another dog

I cannot understand upon what theory you would be liable, however, you must appear to defend yourself otherwise they may win by default.