Legal Question in Civil Litigation in California

Re: being sued

Did you have homeowner's insurance? If so, call your agent, if not, hire an attorney.

JOEL SELIK Attorney at Law

800-894-2889 760-479-1515 702-243-1930

www.SelikLaw.com

Licensed to Practice Law in California and Nevada Only CA Licensed Real Estate Broker

CONCENTRATING IN LITIGATION: REAL ESTATE, ELDER ABUSE, APPEALS, AND COLLECTIONS Personal Injury, Contracts, Tax Matters, Business, Malpractice, Appeals, Elder Neglect/Abuse/Nursing Home Malpractice Real Estate, and Other Legal Matters

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Re: being sued

Your homeowner insurance should cover this claim. If you were sued in a court other than small claims court, we can assist you in the defense of this action.

Re: being sued

The fact that you were out of town is not a defense; you are responsible for making sure your dog is not a danger to others even when you and the dog are far apart. If someone else -- a dog sitter, for example -- caused the dog to be where he could bite someone then you will need to file a cross-complaint against him (the sitter, not the dog!).

The victim's actions may relieve you of some or all responsibility, but with the limited facts you have provided it is not possible to say how much she was at fault.

As Mr. Selik and Mr. Rothman have noted, this type of case will often be covered by homeowner's insurance. If you have no such coverage you will probably need a lawyer to defend you, unless the suit is in small claims court (where parties are not allowed to have lawyers).

Re: being sued

see mr. hoffman's response.

note that so long as they can prove that your dog actually did the biting, you will most likely have some degree of exposure. if you have homeowners insurance, notify your carrier/agent immediately, then, no matter what, don't worry. you should be covered. good luck

Re: being sued

You, as owner of the dog, are "strictly liable" for the dog bite. It's not a negligence standard. This means that the plaintiff need only prove that your dog did the biting. The burden of proof then shifts to you to show that the plaintiff deserves all or part of the blame. In most cases, and depending on the facts, it's likely that you will be found liable. The percentage of your liability will depend on the facts and the skills of your lawyer. Homeowners insurance sometimes covers these situations. If you don't have any, or yours does not, you should give us a call.