Legal Question in Personal Injury in California

Re: My dog was attacked by the neigbor's dog

I disagree with Mr. Stein's response that you can recover "the value of the dog OR the cost of the vet bills, whichever is less." That might be how it would work if we were talking about an inanimate object, but it doesn't work this way for a pet.

If you owned, say, an old TV with a resale value of $100 and it needed $500 worth of repairs, you would not have it repaired because doing so would be a waste of money. The law takes such realities into account. If your neighbor were the one who had damaged the TV, the law would not make him pay for the repairs because he should not have to pay for something you would not have paid for yourself.

But reasonable people will pay whatever they have to for medical treatment their dogs need, regardless of the dog's "value". The law does not expect you to discard an injured dog as you would a damaged television. It therefore will not limit the amount you can recover to the price your dog would have commanded had you sold him before the attack.

Re: My dog was attacked by the neigbor's dog

Assuming that the other dog was off leash, its owner is responsible not only for what happened to your dog but also for the need to rescue her. People who create the need for a rescue are liable for harm the rescuers sustain during reasonable rescue efforts. Your neighbor is thus liable for everyone's bills.

There is no reason you should have to pay for injuries that were caused by his dog's actions. Such injuries were foreseeable when the neighbor let his dog run free, and he is the one who could -- and should -- have prevented the risk from materializing.

Re: My dog was attacked by the neigbor's dog

As for your dog, you are entitled to the value of the dog OR the cost of the vet bills, whichever is less. If he is avoiding you, you can always sue him in small claims court. (You can get my free ebook on small claims court by emailing me at [email protected] and asking for it.)

As for the rescuers, if his dog started the attack, he would be responsible for their injuries. I would not worry about them making a claim at this time. If you are concerned, report it to your homeowners insurance company.