Legal Question in Personal Injury in California

Re: Illegal Tenant, Tortoises and Structure

For a variety of reasons, I don't think you have a case against the neighbor.

For one thing, the kind of suit you are contemplating should have been part of the original case. You should have cross-complained against the owner if you thought he was liable, and it is probably too late to go after him now.

But even if you had tried to bring him into the case, I think he would have won. The reason all of this happened is that your dog attacked the renter's pet, and the landlord did not cause that to happen. If he owned the tortoises himself you would clearly be liable, and the mere fact that the tortoises belonged to someone else -- even someone who technically should not have been there -- doesn't change the result.

By your logic, the landlord of an illegal rental unit would be responsible for any injury that befalls his tenant, no matter who actually caused it. There is no just reason to allow wrongdoers (whether their wrongs were intentional or negligent) to escape responsibility for their actions merely because their victim is renting an illegal unit.

Further, it sounds like your dog was wandering around without a leash, which is probably a violation in itself and, unlike the owner's violation, it is one which contributed to what happened here. You are responsible for keeping your dog restrained, and if a fence which belongs to someone else has an opening then you need to keep your dog away from it. The neighbor is not responsible for keeping your dog off of his property; that is your job and you didn't do it.

From where I sit, it seems that you were at fault and that you are the one who should pay for the vet bills.