Legal Question in Personal Injury in California

Dog Bite to Another Dog

A pit bull attacked my dog causing $500 emergency med bill. The owner moved the dog and claims to not own it. Animal control and the city police were called in to deal with the unruly dog owner- a report was taken.

1. How do I go about retrieving compensation? Obviously, the home owner is not taking responsibility of ownership.

2. What are the proper steps to ope a court case if I don't have the owner's name, nor do I have verifiabl proof he owns the dog (assuming it is unlicensed). The owner was not home at the time of the attack, but his son or nephew was, along with his mother, or mother in law (We couldn't confirm who the witnesses were, however, they came out of the dog owner's residence).

3. Do I have a chance in getting compensated for other things such as mental anguish, my time lossed, etc.?

Thank you very much.

I look forward to hearing from you soon.


Asked on 6/22/06, 9:31 am

1 Answer from Attorneys

Jonathan Stein Law Offices of Jonathan G. Stein

Re: Dog Bite to Another Dog

These answers are not going to be 100% complete because your facts seem a bit unclear, but here goes:

1. How do I go about retrieving compensation?

You can file a claim with the homeowners insurance company or file a lawsuit in small claims court.

2. What are the proper steps to ope a court case if I don't have the owner's name, nor do I have verifiabl proof he owns the dog?

If you do not know the owners name, you need to get it from animal control or the police. You can also look up public records to see who owns the home. Even if it is rental, if the homeowner knows the tenants have a vicious dog on the premises they can be held liable. Once you have a name or names, you can file suit in small claims court. Contact your county court and ask for the small claims advisory clinic.

3. Do I have a chance in getting compensated for other things such as mental anguish, my time lossed, etc.?

No. In California, your pet is property and you can only recover the value of your dog or the cost of the vet bill, whichever is less. You can read about this on my blog, www.calpiblog.com

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Answered on 6/26/06, 11:26 pm


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