Legal Question in Personal Injury in California
Neighbor was chased by our dog and fell, now he wants compensation Please help!
Someone backed into our fence and when I let the dog(a bull terrier which I was watching for a friend) out to use the bathroom he escaped. Our neighbor claims while he was running away from the dog he tripped and fell injuring his knee. Our neighbor called the police and said the dog bit him so the police and an ambulance came out. The ambulance confirmed that there was no bite but his knee was slightly swollen. The police then released the dog back into our custody. Three weeks later, the neighbor called and requested compensation since he had been out of work for three weeks (or so he claims). Who is responsible in the situation (me or the owners) and do I owe him any compensation? Thanks for your time!
4 Answers from Attorneys
Re: Neighbor was chased by our dog and fell, now he wants compensation Please help!
As the others stated turn it over to your home owner's insurance. If you were aware of the hole in the fence and had not repaired it or taken steps to keep the dog in the yard you would have some potential liability. The dog owner is liable because of the ownership of the dog. The person backing into the fence, assuming that you can determine who that person is, could also have some liability. If you don't have home owner's insurance, the insurance of the dog owner will provide some defense for the owner. The insurance company has the resources to investigate the claims of the injured person.
Re: Neighbor was chased by our dog and fell, now he wants compensation Please help!
You and the owner of the dog should both report this to your insurance companies. This is generally covered by your coverage E. See here: http://www.calpiblog.com/2005/12/liability_cover.html
However, be aware that your insurance may not cover you. Some insurance companies do not provide coverage for certain breeds of dogs. See here: http://www.calpiblog.com/2005/11/some_dogs_will_.html
If the dog owner's insurance company had knowledge of the dog and excluded the dog from coverage, you will become a bigger target since he may not have assets to pay any judgment. Make sure you inform the insurance company that the dog is owned by a friend. I have seen insurance companies deny claims when the dog owner did not report that they had a dog.
If the insurance company sends a reservation of rights letter to you, you may need to seek a private attorney.
Re: Neighbor was chased by our dog and fell, now he wants compensation Please help!
You need to call your homeowners insurance carrier. Then, lose the bull terrier and buy a Boston terrier.
Re: Neighbor was chased by our dog and fell, now he wants compensation Please help!
Your dog was the proximate/direct cause of your nieghbor's injury. Therefore, you are responsible for compensation. However, you should simply turn this over to your H.O. insurance company.
P.S., Get a cat instead
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