Q: In a California dog bite case of a minor the mother who was in the middle of the attack but not bitten untitled to comp
Would gas miles and medical supplies that were paid for out of pocket be reimbursed. And when would I the mother release liability to the other party
A:
The mother is entitled to compensation for emotional distress suffered as a bystander to watching her son being attacked under Dillon v. Legg. Gas is not compensable. Medical supplies for the son would be part of his damages, not the mother's (even though it came out of her pocket).
It seems that you are trying to handle this dog bite case by yourself on behalf of your son. That is very unwise. At least get a consultation with a Dog Bite Attorney before you sign anything.
A:
This is a most interesting question. You are definitely entitled to reimbursement for all out of pocket expenses on behalf of your son. However, if I understand you correctly, you wish to know if you would be entitled to recovery for your emotional distress.
Although your son’s case falls under strict liability theory, I think you would have to argue for your emotional distress under general liability theory. Best of luck.
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