Legal Question in Personal Injury in California
Please help; we were walking our dog when our dog pulled to greet another dog tied to a post outside of a breakfast joint. Not sure of which dog attacked first but our dog, being much bigger looked to be the aggressor even though she never is. We pulled them apart and the owner of the other dog had a little bleeding more likely from his dog or the collar but was trying to claim it was our dog that bit him. Our dog never snapped at any one pulling them apart. They ran to urgent care and got shots for him and brought the dog to emergency care and wants us to pay for everything. I feel both parties are responsible and they needed no treatment just looking for some extra money. I really don't feel are dog was at fault, feel both were. What can we do and are we responsible?
2 Answers from Attorneys
Reading between the lines ["...our dog, being much bigger looked to be the aggressor even though she never is..."], your dog has been involved in other dog fights. That is unusal for a female dog. You admit that your dog pulled away form you to get at the other dog, so she appears to be the aggressor as to the fight. The other dog was chained up and quiet, so it appears there would have been no fight absent your dog making the first move.
How can you show what caused the bleeding? How do you know that your dog did not bite him? When in a fight, dogs forget who their masters are and often will bite anything that gets in the way or is perceived as a threat. You admit that you were at least partly at fault. It is not unreasonable for a person who has blood drawn to go to see if they have suffered something dangerous to their health.
You should find out what the medical and vet bills are, see if they are reasonable for what was done, and try to get the other side to settle any claim for reimbursement of those amounts.
Excuse the pun but I would advise to nip this in the bud by extending an olive branch to pay the bills if they are reasonable If you have homeowners or renters insurance the claim might be covered so I would check your policy.If you do have coverage notify your carrier.
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