Redlands, CA asked in Animal / Dog Law for California

Q: Dog attack another dog. What is the owner's financial responsibility?

Our dog picked up our neighbor's old dog, shook her and then drop her; No visible injury right after. Our neighbor took the dog to the vet and found out she has a broken bone. We have pay up to date ~$7500 for the vet bill and we got a 3rd vet bill for $4500 because the first 2 surgeries did not work and that she could not walk. I could use some advice how to proceed with this. Thank you.

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2 Lawyer Answers
Manuel Alzamora Juarez
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Answered
  • Berkeley, CA
  • Licensed in California

A: YOU SHOULD TURN YOUR CLAIM TO YOUR INSURANCE COMPANY. BEST OF LUCK

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

A: Mr. Juarez is correct in regards to notifying your insurance carrier.

However, to answer the substance of your question, you are strictly liable (meaning regardless of whether or nor you were negligent) for the damages if your dog bites another person (as long as they are not unlawfully on your property). For liability to attach for an injury to another animal, the plaintiff has to actually prove that you were negligent. That could mean that you failed to control your dog (i.e. a leash law violation), or that you had advance notice that your dog was vicious toward other dogs, yet you still took him out in public without a muzzle, etc. Your post doesn't indicate the circumstances under which your dog attacked the injured dog. Without knowing that, it is impossible to give an opinion as to whether you are liable.

If you are at fault, you are responsible for the "reasonable cost" of care and treatment.

https://www.justia.com/trials-litigation/docs/caci/3900/3903o/ Whether or not $13k is reasonable is unknown. A veterinarian might have to look at the billings and treatment to answer that.

If you were 50% at fault, you are liable for 50% of the "reasonable cost."

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