Legal Question in Personal Injury in California

Personal injury
My wife and I formed a 501(c)(3) nonprofit corporation for the purpose of dog rescue. A prospective dog adopter was nipped on his ear lobe in Dedember by a foster dog and he required a few stitches as a result. The behavior of the dog was a complete surprise and occurred without warning. I don't believe the dog meant to cause injury, because he has high bite inhibition. I offered to pay medical expenses, even though this event could not have been foreseen. He put me off after saying something vague about insurance and deductibles. I have since had several phone calls with him encouraging him to Send me his medical bills.

I had a phonemail message yesterday from a personal injury lawyer's office asking me to call. Should I do so? At this point, I don't know if the lawyer is pursuing our corporation, me personally, or the injured party's insurance company.

Asked on 3/01/07, 1:56 pm

4 Answers from Attorneys

Michael Stone-Molloy The Lion's Law Office

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Re: Personal injury

I agree: tender the defense to your carrier. However, if you happen not to have insurance, you should be aware (especially in your line of business) that California is a strict-liability state for dog bites. As long as the person bit was legally on your property-- as opposed to a burglar for example-- then you are liable for damages, regardless for the dog's temperament or intent, or the unforeseeability of the bite.

Answered on 3/15/07, 7:29 pm

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Terry A. Nelson Nelson & Lawless

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Re: Personal injury

Turn it over to your insurance. What, you don't have insurance? Oops, you now face defense costs out of pocket, regardless of whether the claim is valid or not. If so, feel free to contact me to discuss defense costs and issues like who is liable if at all, I'll be happy to help you.

Answered on 3/15/07, 7:58 pm

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