Apple Valley, CA asked in Libel & Slander, Personal Injury and Animal / Dog Law for California

Q: I need help , looking to sue a neighbor for slander and harassment plus emotional distress please contact me back

my daughter was biten in the mouth January 8 2017 at around 4 pm, she was taken to the hospital to be treated where she had to stay home from school for 1 week until swelling in her mouth . on January 9,2017 the dog was quarantined for 10days , the next day on January 10 2017 at 10;15 in the morning , My husband was assaulted by the owner of the dog , which we reported to the sheriffs , the next day on January 11 2017 child protective services showed up to my home door . then January 12 we get letter saying we have to be out of our home by feb 28 2017 . also this owner of the dog works for apartments as a mantinance men . also cps case was cleared of no wrong doing on our parts .i also have a $200 Medical bill from the injury unpaid .all of this because their dog had to be quarantined .the dog was not on a leash when he bite her and we have video of how he lets his dogs run around with no leash . California has a leash law , also was harassed by the owner of dog

4 Lawyer Answers
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: Your eviction may be unlawful, so you may be able to challenge it in court. You may be able to sue the owner and landlord for the injury to your daughter. Based on the extent of the injuries, you may be able to sue also for pain and suffering as well as actual damages in superior court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: As for the assault on your husband, he may be able to sue for civil damages and sue the property owner for negligent hiring of the maintenance man/ attacker. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

William John Light agrees with this answer

William John Light
William John Light
Answered
  • Animal & Dog Law Lawyer
  • Santa Ana, CA
  • Licensed in California

A: Your daughter has a claim against the owner of the dog, and potentially the owner of the apartment if he knew of the dog's vicious nature. The owner's renter's insurance would pay to settle the claim, or the apartment owner's insurance would pay on behalf of the apartment owner, if he was at fault.

It's unclear how a maintenance man could get you evicted or investigated by CPS. That can be investigated and potentially a lawsuit might be legally justifiable. However, the maintenance man typically wouldn't be wealthy and those kinds of claims are not likely to be covered by insurance. As a result, it doesn't seem likely to be a good source of recovery for you. More investigation would be necessary to give an accurate answer.

Peter N. Munsing
Peter N. Munsing
Answered

A: You have multiple claims. However, other than the kid's possible PTSD emotional distress claims tend to go nowhere because 1) the law does't like them 2) they make the actual injury case look shaky--3)highly technical.

Contact a member of the CAOC in your area--they give free consults.

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