Los Angeles, CA asked in Animal / Dog Law for California

Q: My dog was unleashed and ran up to postal carrier and was 4 feet away and he kicked her. Can I get vet paid by PO ?

I was walking up apologizing and he looked at me and kicked her. Then told me he had right to kick her because he works for post office.He told PO that I was not in site when he kicked my dog and post office says it is my word against his and I have no rights since I broke the leash law.

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2 Lawyer Answers

A: If the dog was 4 feet away, he would not have been able to kick her. Keep your dog on a leash.

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A: You know your dog better than anyone else, and certainly better than a strange postal worker, and BTW- the stories about mailmen being chased by dogs all the time are true, and they get bitten too. Based on your description the reaction may have been excessive, in your mind, but not the mind of the worker. At the same time, you were in violation of the leash law, which is there to protect others, you and your property, and other's property, from attacks by unleashed dogs. By violating the law, you are not protecting your own property. BTW- the law imposing liability for dog bites is STRICT LIABILITY, meaning you are liable on the first bite, no warning bites. And the dog can be destroyed. You might want to keep this in mind when you walk your dog off the leash. It is you responsibility to obey the law, not the dog's.

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