Legal Question in Personal Injury in California
My dog escaped our back yard 8 months ago and got into a fight with my neighbor's 2 pit bulls in his yard. The neighbor tried to break up the fight and he said my dog bit him. We have no proof it was my dog that bit him, but since our dog was on his property, we believed him. He said he did not want to persue legal action against us. He accepted money from us for the hospital visit and pain medication he needed for the bite.He said he lied to the hospital telling them it was a random stry dog that bit him. Now we are being sued. Does he have a case against us?
1 Answer from Attorneys
Before you paid him money, you should have had him sign a release from future liability. Presuming you did not, he can sue you. The burden of proof is on him, though, and he cannot present proof of your payment as an admission of liability.