Legal Question in Landlord & Tenant Law in California
Small Claims Court
A renting neighbor's pit bull killed my Corgi. Can I take both the renters and the landlords to Small Claims Court to recover the vet bill and the value of the Corgi?
2 Answers from Attorneys
Re: Small Claims Court
Yes as to the renters. Probably not as to the landlord unless the landlord knew in advance of the viciousness of the particular pit bull and took no measures to have it removed from the premises.
Re: Small Claims Court
I agree with Mr. Cohen as to the renters.
As to the landlord, if the property was fenced, and the pit bull broke through the fence, the landlord may also be liable, assuming he/she knew the dog was on the premises.
It used to be necessary to show a dog's vicious propensity. Not any more!! California Civil Code 3342 applies here.
If you need more help, please feel free to e-mail, or call, my office.
Good luck!
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