Legal Question in Personal Injury in California
Hello,
My wife and her "friend" were walking my wife's dog around the lake. The dog used the bathroom and my wife asked her friend to hold the leash while my wife cleaned up the mess. My wife's friend started running with the dog around the park without my wife's permission. My wife caught up with her friend and saw that she was in pain. My wife's friend said that while she was running with the dog the dog ran underneath her causing her to fall. My wife and the friend went to the hospital and was told she tore a ligament in her collar bone which needed surgery.
My wife and I were threatened that they were going to sue us. Are me and my wife liable?
1 Answer from Attorneys
Probably not because friend chose to run with the dog and arguably assumed the risk. I have to say "probably not" because this is likely a case that a determined plaintiff's attorney could get to a jury, although as a plaintiff's attorney myself, from the facts you recited, I consider the plaintiff's case unattractive.
However, if you own a home and have homeowner's insurance or if you rent and have a good renter's policy, any claim against you may be covered by your insurance. So if you have insurance, call your insurance company and see if you can make this their concern, and not your problem.
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