Santa Clara, CA asked in Animal / Dog Law, Civil Rights and Personal Injury for California

Q: Do I have rights to sue/warn owner of dog which came running towards me outside their house?

I was jogging on street and one of the house's dog came out of their house and ran towards me in attacking mode and was almost about to cross their fence(which was too short for him). I was terrified with this action and shouted so it stopped for a minute and the owner came out and controlled the dog. Is there any law to warn them for this kind of situation? What if the dog would have bitten me? I am afraid of walking/jogging near that house from next time. Any tips and suggestions please. Thanks!

2 Lawyer Answers
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: It doesn't sound to me you have a case. A dog ran at you and barked. You say you're afraid, but unless you can prove an injury of some kind, it could be argued that you're simply a thin-skinned opportunist. I'm not trying to rain on your parade, but that's a realistic possibility you'll face if you try to sue the owner. If the dog had bitten you, that'd be different as you would have an injury along with medical bills, etc and my answer would be different.

Peter N. Munsing
Peter N. Munsing
Answered

A: You can if you wish tell them they have to control the dog--but they know that. Jog the other side of the street from now on.

But the law is very cumbersome when it comes to preventing acts, and the dog has a right to be a ....dog--on its property.

So the law would say nothing illegal happened, dogs can bark as ferociously as they want and it's not illegal nor considered a nuissance.

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