Legal Question in Personal Injury in California
Injury resulting from dog attack
A neighbor�s dog escaped from their fenced yard and attacked our dog. My wife was walking our dog (on leash) at the time. It took my wife and another man and woman several minutes to pry the attacking dog free from our dog. In the process, my wife sustained a significant cut on one finger which required 15 stitches. It is not clear, but the cut came from either the attacking dogs mouth or possibly its collar.
The neighbor has paid for the vet bill for our dog but is not willing to pay for medical bills for my wife�s injury. In addition, the injury left here unable to work for several days.
My question is, do I have a case to make the neighbor pay for my wife�s medical bills and also compensation for my wife�s lost wages?
6 Answers from Attorneys
Re: Injury resulting from dog attack
Most defninately.
Joel Selik
Re: Injury resulting from dog attack
Yes. Your neighbors are responsible for any harm resulting from reasonable efforts to save your dog from theirs.
If your loss is $5,000 or less, this would be a good case for small claims court. You also have the option of filing a limited civil case in the superior court, but these cases are more complex and you might need an attorney. Parties are not allowed to have an attorney represent them in the small claims court.
Re: Injury resulting from dog attack
Yes, your wife has a claim for personal injuries and damages under the California Civil Code.
3342. (a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner.
This is called strict liability.
Re: Injury resulting from dog attack
You generally will have a valid claim against the neighbor for those addtional items that you mentioned. The neighbor's dog was the cause of all the injuries and damages. Does the neighbor have any liability insurance? If not, you might have to sue in small claims court for the balance.
If you are in the Orange County area, I would be glad to provide a free consultation and discuss your options.
Sam Eagle 714-963-5123
Re: Injury resulting from dog attack
Yes. Sue in small claims.
Re: Injury resulting from dog attack
You sure do, and he is foolish if he doesn't settle with you quickly, as he risks a lawsuit for the injury. Contact me if you need help.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
