Legal Question in Personal Injury in California
Our dog bit our gate contractor
We have a 7 year old Aussie Shepard who bit the guy we contracted to put gates up on our property. He is not a liscenced contractor, but is the owner of his company. He came to the door where our dog was sleeping. When he rang the bell the dog bit his leg. At this time we had given him his second deposit...all totalling 5000.00 for a 7500.00 job. He is not even 1/5 f the way done and won't return our calls. We have been very nice, but now we have a job which is very incomplete, are out a substantial amount of money. He mentioned an attorney called him; that he got the name from a hospital list (the contractor got a tetanus shot after). He insisted he wasn't sueing but we are a little sceptical. The dog did nip (very slightly) a boy who rode his bike (as a shortcut) through our property about 4 years ago. Nothing came of that. My argument was how profitable could that be since he does owe us the completion of a job and money. I guess it is all irrelavant since he won't call us back...it has been months. Should we sue in small claims to get our money back?
1 Answer from Attorneys
Re: Our dog bit our gate contractor
From what you wrote, it is difficult to know if your contractor stopped working on the job because of the dog bite or because of some other reasons. The dog bite and your job concerning your gates are two separate matters. While the contractor could have had a claim against you for his injuries and damages, he still should have continued working on the job.
If all else fails and your claim is $5,000.00 or less, you probably have nothing to loose by going to Small Claims Court.
Yours truly,
Sam M. Eagle, Attorney at Law, 10101 Slater Ave #218, Fountain Valley, Ca 92708; phone-714-963-5123; fax; 714- 964-9993; e-mail: [email protected]
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