Legal Question in Personal Injury in California

Dog biting another dog

I have 2 small dogs - a Jack Russell and a Rat Terrier. They do not normally escape, but today, they somehow got out. My Rat Terrier (male, 7 years) ran down the street and started playing with a neighbor's Golden Retriever puppy in the middle of the street. This house has no backyard fence and I have on numerous occasions seen the dog roaming freely. The 2 dogs started playing, and then my Rat Terrier starting biting the puppy on the neck. The puppy ran away, and my Rat followed it back into the owner's house. The owner of the puppy started screaming when she saw my Rat biting her dog on its neck. The neighborhood kids also ran into the house, making it difficult to get my dog. My Jack Russell then started barking at her and at the 2 fighting dogs. She then kicked my Jack Russell, probably thinking it was also involved in the fight. I pulled my Rat from the puppy.

I realize I probably will be partially liable for some of the puppy's injuries. To what extent? And, to what extent is she liable for leaving her puppy out unattended and leashless, free to roam the streets?


Asked on 9/10/04, 10:43 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Dog biting another dog

If a judge or jury ever ends up deciding this case, they will assign a percentage of fault to you and a percentage to the other dog's owner. It is hard to say how much fault they will assign to you, especially since I don't know all the pertinent facts -- especially what kind of restraint your dog managed to overcome.

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Answered on 9/13/04, 7:59 pm


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