Legal Question in Personal Injury in California
Dog Bite--I am the owner of the dog
I have not been sued to this point but I have good reason to believe I will be. I am trying to assess my liability in the event it happens so I can plan accordingly.
The incident: While inside a coffee shop, a woman with a highly aggressive dog attacked my dog. The dogs then got into a fight and the woman was subsequently bit while we both broke up the fight (mostly scratched, some bruising, very little blood, and she walked without difficulty afterward.) Significantly, my dog was off leash at the time. I contend that either my dog or her dog (or both) could have been responsible for the injury, but she denies this. She was very angry about the incident and reconciliation is very unlikely.
I am not a homeowner and have no assets or insurance.
1. What is the likelihood I will be sued in Civil Court?
2. If I'm sued in Small Claims Court, do I have any leg to stand on since my dog was off leash?
3. Can I request her dog appear at trial (her dog has uncontrollable issues and acts aggressively toward any dog in its presence which would be clearly demonstrated.)
4. Her dog is also a 'rescue' with a prior history of psychological issues.
What, if anything, should I begin doing to prepare?
3 Answers from Attorneys
Re: Dog Bite--I am the owner of the dog
You have received thorough and comprehensive answers from my learned colleagues.
And as Mr. Roth points out, keep your dog on a leash.
Good luck!
Re: Dog Bite--I am the owner of the dog
1. Sounds like damages were pretty small and you are not a deep pocket, so probably minimal.
2. This will depend on the leash laws of your locality, upon which I will not speculate. I'm just personally curious to know what kind of coffee shop allows dogs to roam free on the premises.
3. You could certainly subpoena the dog as demonstrable evidence, but couldn't put the dog on the stand as a witness. The judge has discretion to control what's entered into evidence and he/she would likely rule that the dog's presence is more prejudicial than beneficial, or just too much of a hassle/danger to outweigh whatever evidentiary benefit it might have.
4. Have you heard from this woman since the incident? Is she making demands? Is there an active, ongoing dispute? If so, preempt the filing of a lawsuit by calling these folks (http://www.lls.edu/ccr/) and trying to solve things amicably.
Re: Dog Bite--I am the owner of the dog
Boy. What a mess.
The best defense you have is that her injury was not caused by your dog but by her own. Nevertheless, your dog being off leash is a violation of city ordinances and therefore neglgence per se.
If you are sued, you can defend also on the nature and extent of injury and the reasonableness of any care and treatment obtained and the charges for the care and treatment.
Good luck, and keep you dog on a leash.
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