Legal Question in Real Estate Law in California

Dog gets out Update

I was found to be not guilty of two counts ,viscious dogs at large and failure to conrol viscious dogs yesterday. See my other post on ''dog gets out'' It was obivious to the court that the neighbors dog (a german shepard) had worked the fence board loose. A small doxie that was in the nieghbors care for breeding was killed. No one wittnessed the attack as the neighbors were not home. Am I liable for the doxies death ? My neighbors are taking me to small claims and sueing me for 2200 Dollars. Shouldn't the owner of the dog bring a claim if any? The nieghbors neglegence caused the whole incedent, Aren't they the one who should be liable for the dog? Thanks in advance,


Asked on 10/18/02, 1:36 pm

1 Answer from Attorneys
Martin Snitow

Re: Dog gets out Update

California uses a "comparative fault" system to compensate for negligence. If the total loss was $2200, and you were 10% at fault, you will have to pay $220. The jury (or judge if no jury) determines the percentage of fault for each party as well as the total damages.

The neighbors will have to prove they are the ones entitled to compensation, rather than the owners. Possibly both are entitled to some compensation: the owners for the value of the dog and the neighbor for the value of the right to breed it to their dog.

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Answered on 10/18/02, 5:24 pm


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