Yucaipa, CA asked in Animal / Dog Law and Personal Injury for California

Q: Can I sue a previous dog owner if they gave us a dog that has bitten us & they never warned us about him being this way?

We received a King Charles from a family that just "weren't dog people anymore". They told us he is the sweetest dog ever & all this other stuff which he for the most part is. But when you try to hug or get too close he gets aggressive & has bit my boyfriend multiple times & almost myself a couple times. They NEVER told us about this until we asked if it's normal for him to growl if you get too close that night. She sent us a text saying "Oh yeah, he does sometimes but he wouldn't hurt a fly" We don't want a dog that's going to be aggressive towards us. Can we do any legal action against them since they didn't tell us about him being aggressive before we brought him home?

2 Lawyer Answers
Dennis Hernandez
Dennis Hernandez
Answered

A: you can sue, for anything, but that doesn't mean you will win the case or a settlement. I would research and consult an attorney that specializes in these cases.

Peter N. Munsing
Peter N. Munsing
Answered

A: The problem is two fold--in any sale it's presumed as is. Perhaps you needed to have spent time with him before. But next problem is even if a court finds they should have told you, the damages will be undercut by your duty to mitigate--did you get traiining etc. Consult a member of caoc who has handled animal sales issues--they give free consults.

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