Legal Question in Personal Injury in California
Dog Bite Victim?
My wife was bitten by a dog. We have
ample evidence to prove this & the
identity of the owner. She wants to be
paid for medical costs and pain/
suffering but the owner is ignoring our
letters. What's our legal recourse to get
the owner to pay up?
3 Answers from Attorneys
Re: Dog Bite Victim?
Sue the owner. That is your only legal recouse. If her medical bills and pain and suffering were substantial, and if she has nay permanent residual injury, you can get an attorney to take the case on a contingency basis if there is insurance.
Call us if you want to.
Re: Dog Bite Victim?
Does the dog owner also own or rent the house where he lives? If a renter, contact the owner, tell him/her the situation and you do not know yet whether they might have liability for allowing a dangerous dog on the premises, but all youwant is the tenant to discuss the matter with you.
If he is the owner, write a letter pointing out that if they have insurance it will cover the incident and they will not have to detail with you anymore, but if they delay too long in reporting the matter to their insurance carrier, the carrier can deny coverage. ask if the dog has bitten anyone else, last shots, if he does not co-operate then your wife needs to find out the health of the dog so will have to go to animal control [very, very unlikely any infectious disease], etc. If none of thats works, get the case together for Small claims court; Nolo Press has some books out on how to handle a case.
You do not mention whether your wife was on the property of the neighbor or not. There is absolute liability for a dog bite [court assumes negligence in that owner knew it might bite] but if she was teasing the dog, it was defending the neighbor's property, etc., there may be no liability or your wife may be comparatively negligent.
Re: Dog Bite Victim?
You have 2 excellent answers.
Follow the advice of both Mr. Shers and Mr. Roth.