Q: My dog got loose and jumped on a neighbor. No bite, no scratch. But neighbor claiming emotional distress. Can they sue?

A: Yes, they can sue. Strict liability does not apply since there was no bite, but you are liable under the theory of negligence.

You are responsible for any physical injuries and, pain and suffering and emotional distress caused by the physical injuries. Emotional distress, without physical injury, would not be recoverable in this situation. The California Supreme Court has allowed plaintiffs to recover damages as “direct victims” in only three types of factual situations: (1) the negligent mishandling of corpses (Christensen v. Superior Court (1991) 54 Cal.3d868, 879 [2 Cal.Rptr.2d 79, 820 P.2d 181]); (2) the negligent misdiagnosis of a disease that could potentially harm another (Molien v. Kaiser Foundation Hospitals (1980) 27 Cal.3d 916, 928 [167 Cal.Rptr. 831, 616 P.2d 813]);and (3) the negligent breach of a duty arising out of a preexisting relationship (Burgess v. Superior Court (1992) 2 Cal.4th 1064, 1076 [9 Cal.Rptr.2d 615, 831P.2d 1197]). None of those appear to apply in your situation.

Do not give anyone any money without a simultaneous written Settlement Agreement and Release of All Claims.

Notify your homeowner's insurance of the claim. If you have that coverage, it will defend you and indemnify you up to the limits of your policy for any covered claim.

A: There is no way to tell how people react to a dog coming at them. Some people are scared; others brush it off. If the dog knocked your neighbor down, he/she might have a claim. It all depends on legitimate his/her emotional distress is. If your neighbor was not hurt, and incurred no medical bills, he/she probably would recover anything in Court. If this event was truly traumatizing to your neighbor, then he/she might feel justified in filing suit. Women are more often the ones who want to sue, especially if they had bruises or scars from the encounter. I had a pit bull/ terrier mix living 12 feet in front of my condo. I love animals, and am rarely afraid of dogs. This dog upon our first meeting tried to push through my front door to get at my cat. It later tried to attack me and another neighbor where I live. The dog was easily over 50 pounds, and could have terrified anybody with its vicious temperament. Only your neighbor knows how he/she feels about the incident. I would wait to see what they want. Good Luck.