Legal Question in Personal Injury in California

Re: Civil Litigation regarding animal bite

I note that your question to LawGuru.Com has been directed to me as I specialize in Personal Injury law.

My first question would be, did you have renters or condominum liability coverage at the time of this incident? If you did, your insurance company would be defending you and handling any civil proceedings against you.

I would agree with you that it would probably be your decision as to whether to euthanize the animal but your local city or county animal control and the court system sometimes get involved in that decision if the injuries or circumstances are serious.

I do not know for sure what an "episode" would be. Civil claims are limited against you up to $25,000 only if the plaintiff indicates in the lawsuit that they are specifically limiting their claim. Otherwise, if the total damages exceeded $25,000 an unlimited jurisdiction lawsuit could be filed against you for as much as the claim value will justify. In addition to medical bills, you could also be liable for pain and suffering to the children as well as other miscelleanous costs and expenses to the parents. If you or your insurance company do not reach satisfactory settlements with the parents, they could certainly sue you. Their rationale and reasons for suing you are of little importance but they will only be entitled to what the claims can legitimately justify.

If you did not have any liability coverage for this incident and have further questions, you can contact attorney Michael Rotsten in Encino, California at area code (818) 789-0256. If you do call him, please let him know that I referred you. He specializes in all aspects of animal rights and animal law.

Yours truly,

SAM M. EAGLE

ATTORNEY AT LAW

Re: Civil Litigation regarding animal bite and limited v. unlimited jurisdiction

You do not have to euthanize your dog unless a judge orders you to do so. You could make a valid argument that this was one episode not two since the bites occurred at the same time. If you have taken measures to keep your dog from getting out I think the Judge will take this into consideration if you are sued. The victims are entitled to compensation for their medical bills. If they sue they can also ask for additional money for pain and suffering. It is up to the Judge to decide if they deserve additional sums. I cannot confirm that the limits on a dog bite case are $25,000. You referred to a code section that refers to limited jurisdiction cases. A limited jurisdiction case means that it was filed in Municipal Court not Superior Court which is referred to as unlimited jurisdiction. If a lawsuit is filed in Municipal Court the limit on damages is $25,000, wereas in Superior Court there are no limits on the amount you can sue someone for. Limited damages means that a Judge must limit the amount of damages awarded to $25,000, and unlimited jurisdiction means that the Judge does not have to limit the damages awarded. There are very few laws that limit what a Judge or Jury can award in damages if a case is filed in Superior Court. I do not think there is a limit on dog bite cases because when are cases where a victim is seriously injured, or even killed, a limit of $25,000 would be unjust. If these kids were simply bit, I do not think the Court would give them much more than their medical bills, but you never know what a Judge will decide.

If you pay the medical bills, and take reasonable measures to protect the public from your dog, I think a Judge will see this as a good faith gesture to remedy the situation. I also recommend that you ask for the actual medical bills to confirm the amount you are paying. If they do file suit against you, make sure you file an answer with the Court within 30 days, or they will file a default judgment against you for the entire amount of the suit. To put it simply, they win automatically.

If you need help filing an answer with the Court, feel free to contact my office. I offer free, no obligation consultations. You can reach my office toll free at 877-546-9918, or by email at [email protected]. I hope you do not have to contact my office for help, and are able to work things out. If you are sued and decide not to take me up on my offer, you should contact a lawyer to at least review your answering papers to confirm that they are in order and will be accepted by the Court.

Good luck.

John Hayes, Esq.

Re: Civil Litigation regarding animal bite

You have asked a number of questions that I will respond to one by one. First, keep this in mind, I am a 22 year personal injury attorney. I have recovered millions of dollars for my clients in dog bite cases. I NEVER represent the owner of dogs. I ONLY represent the victums of injuries and malpractice. Having said that, let's go on.

It appears that the injured parties (through their parents I suppose) are demanding that you euthanize your dog or they will sue. So your first decision point is...are you going to take the offer...euthanize your dog in exchange for a release of all claims (if you do this, get the agreement written). Keep this in mind, without court approval, the parents can not terminate their children's rights to compensation. The children have until their 19th birthday to sue you, almost, no matter what their parents agree too. Such a deal, in my opinion, for it to be binding on the children, will need court approval.

In my opinion, the two bites, close in time and resulting from the one escape by your dog, would be considered "one episode".

The claims of the two children can certainly far exceed $25,000 each. Even if the claim was filed in a lower court that has a $25,000 limit, it could be moved to a higher court. The children are entitled to medical expenses (past and future), compensation for their pain and suffering, compensation for any scars and/or the cost of removing any scars and possibly punitive damages (although in this case it does not sound like punitive damages would be awarded). In similiar cases I have recovered $100,000 per child within a few months of the attack.

The children have a one year statute within which to sue you. However, their one year doesn't start until they reach the age of majority (18). In straight talk, they have until their 19th birthday to file a lawsuit. A settlement with their parents that is not court approved does not terminate the children's rights.

Your homeowner's insurance policy will cover this matter in most every case. Contact your insurance company as soon as possible. Also look to your condo association's insurer. You may be covered there as well.

You have some tough decisions to make. Please contact your insurer, as soon as possible.

John Bisnar, Bisnar & Chase, Personal Injury Attorneys & Counselors at Law. Representing accident victums since 1978. 800-956-0123.