Legal Question in Personal Injury in California
Dog Attack. owner liable for???
I work for a cable co. A customer made an appiontment for service, within a specific 2 hour time frame. Upon arrival I knocked on the door and heard a dog bark. I took a step back off the step for precaution. The door opened and a large dog leaped out of the dor at me. I tried to turn away but he bit the back of my arm. I am currently serving jury duty and for that reason I will not miss any time off work. If I was not on jury duty I would of missed at least this week. I have been to the Dr. twice. On the first visit I recieved prescriptions for anti-biotics as well as pain. The second visit the Dr. stated that my injury was not healing fast enough and gave me a anti-biotic shot to speed the healing process. I have to miss next monday for a follow up visit to the Dr. What if any is my legal course of action. These people are renters and do not own their home. Thank you.
3 Answers from Attorneys
Re: Dog Attack. owner liable for???
Generally the owner of a vicious dog is responsible for the actions of the animal. You were at the property by invitation and as an invitee the owner has a duty to (1) warn you of any dangers, and (2) to protect you from foreseeable harm. In this case it was forseeable that his dog could attack and the owner should be held responsible for your medical bills, the value of your time off work and something to compensate you for pain and suffering. You can file a suit in small claims or hire an attorney.
Re: Dog Attack. owner liable for???
it gets even better for you. Under CA law the dog owner violated the leash law and is strictly liable for your damages.
Re: Dog Attack. owner liable for???
I would recommend that you sue the owner for your damages as well as lost wages and pain and suffering. When you receive a judgment you can then collect. However, I doubt he would just write you a check. You might have to do some checking and see if this guy has renters insurance or if the home he lives in is covered under a homeowners policy. It most likely is in which case the insurance company may have to pay you. If you would like additional information on determing your damages and finding out if there is insurance you can reach me toll free at 877-546-9918 or you can email me with your name and phone number and I will call you at your convenience. In addition I would not make a claim for workmans compensation. This is an option since you were on company time, however if you make a claim you will not be paid for pain and suffering so you will lose a substantial portion of your damages that you can get from the owner of the dog. And you can't get workman's comp and money from the owner it is one or the other and frankly you will get more money from the owner that goes directly into your pocket. I am not trying to sound greedy but I wanted you to know what your options are so that you don't do something that you later regret. I look forward to speaking with you.
Sincerely,
John Hayes, Esq.
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