Legal Question in Civil Litigation in California

Dog Fight

I have a yellow lab and about a month ago the dog got out and got into a fight with a neighbors dog in the middle of the street. This fight sprawled over into the neighbors yard where the fight was then broken up. The neighbors dog had a small cut in its chest and they took the dog to the most expensive ''surgeon'' in northern nevada. We offered to pay a part of the bill. The bill we received was an unconceivable $800 dollars. The vet reduced the bill to $390, which we paid half of or $189.00. The neighbor became irate that we had not paid the whole bill, after berating me and my wife on the phone, which ended up with me telling her that was all we were going to pay and if she wanted to discuss this anymore to contact our attorney or take us to small claims court, she hung up. Then I was notified she filed a police report, and subsequently sent me an letter saying she had consulted an attorney and would be taking me to small claims court if we did not pay the remaining balance. My question is, why should I have to pay the whole balance on a dog fight that started in the middle of street and with both dogs off their leashes and off their respective properties? Should I just let her take me to court? Do I have a good case?


Asked on 2/03/09, 1:57 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Dog Fight

Do you know which dog was the aggressor? The owner of that dog should be responsible for the entire bill.

This answer assumes that both owners were equally at fault for their dogs being unleashed at the time. If one owner was more blameworthy than the other, that fact should also play a part in the judge's decision.

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Answered on 2/03/09, 4:22 pm


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