Legal Question in Personal Injury in California
Dog Bite
I took my dog to a picnic party (on six foot lease as per park regulations). There was another dog present as we arrived. The owner of that dog brought his dog over to "visit" my dog. I told him that my dog does not get along with other dogs and please do not bring his near mine. He did anyway. My dog reacted and he clearly saw what I had already told him. About 20 minutes later he brought his dog back over to mine to "try again". This time I was about 8 feet away from where my dog was tied up. He brought his dog to mine again and they attacked each other. My dog was injured and as a result, lost her two front teeth. A total of $340. in vet bills. The other dogs owner only agreed to pay half the vet bills. If I take this to small claims, do you think I have a chance at collecting the other half? In addition, can I collect the filing fees and a days pay for lost work to take this to small claims?
2 Answers from Attorneys
Re: Dog Bite
sounds like a good small claims case. yes to filing fees, probably not for lost wages, but ask anyway.
Re: Dog Bite
Thank you for posting your question.
It would appear from the facts given that you acted reasonably under the circumstances in taking care of your pet. It would also appear that the other party disregarded your instructions and could be considered negligent, and therefore, responsible for all of your losses.
In Small Claims court, you usually have a limited amount of time in which to present your case so you would have to organize your facts and present it in a concise chronological order so the Judge can follow your story. It seems you would have a high likelihood of collecting the entire amount of the bill. In addition to the $340 in bills, you would also be entitled to a return of your costs for the filing fee and the service of process upon the other party. Finally, I would get a letter from your employer confirming your position, wage rate and the fact that you missed work due to this incident and there is also a good chance you would be awarded this wage loss as well. Again, it is how the case is packaged and presented that sometimes makes the difference.
If you are represented by an attorney, you should discuss these issues in more detail with your own attorney. If you are not represented, please call my office at 714- 963-5123 so I can give you a more specific and personal evaluation by telephone. If you call and I am not in, please leave a day and evening number so I can get back to you.
Sincerely,
Sam M. Eagle
10101 Slater Avenue, Suite #218
Fountain Valley, Ca 92708
Telephone 714- 963-5123
Facsimile 714- 964-9993
E-mail [email protected]
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