Legal Question in Civil Litigation in California
Property Injury
My dog was severely injured in an accident at the vet's. They are unable to tell me for certain how it happened. It's been almost a year and I incurred thousands of dollars for expenses relating to his surgery after care, not to mention the inconvenience of frequently going to the surgeon. The vet's company is paying for all the surgery and office visits but nothing else so far. What are my options to recoup cost and damages (and most importantly request for a letter of guarantee that possible complications in the future will be covered)? I've been in contact with the vet company but so far they seem to be very careful with their words and do not want to provide assurance to any type of settlement yet (my dog is still recovering). Thank you!
1 Answer from Attorneys
Re: Property Injury
Actually, this is one that I believe the law has thought of. There is a doctrine called "res ipsa loquitur." It basically means that if something that could not have happened but for negligence, and you are not in a position to prove exactly what happened, then you do not have to, and the burden falls upon the party committing the harm. That is partly how you can sue a hospital for leaving a pair of scissors inside you after an operation even though none of the doctors nor nurses will tell you how it got there. It could only have happened by someone's negligence. I would like to know some more details, but I believe you may be able to demand a recovery or sue. Let me know if you would like my help.
Best,
Daniel Bakondi, Esq.
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