My dog was resently attacked on a dog beach. My dog was off leash as were most of the dogs. No signs are posted to keep dogs leashed.
Asked on Jan 22nd, 2012 on Animal Law - California
More details to this question:
My dog happened to go up to a rotweiller who was on a leash. In one second the dog attacked my dog for no reason. they nose to nose. The owner said he wasnt paying attention. After 2 surgeries and $9000.00 in vet bills my family is in shock. Do I have any rights in this situation to get help form the owner of the rotweiller to pay even half of the vet bills? This beach is also a private beach that is part of a resort. The public does have access. Can go after the resort for not having any signs posted to keep your dog on a leash?
What a difficult time for your family!
To put this question into perspective, ask yourself whether you would feel responsible to another dog owner if your dog bit that person's dog under the situation you described.
In most states, including California, you would have to establish that the dog owner or keeper knew about that particular dog's dangerous propensity to harm other dogs, and was negligent in his efforts to control the dog or to warn people about the dog. In California there is no strict liability for the owner of a dog which bites another dog. Just because the dog is a Rotweiller does not mean that the owner knows that the dog will attack other dogs.
Appeal to the dog owner's sense of responsibility in asking him to share in the expense of the vet care your dog needed. If that doesn't work and you still want to try to recover money, you should seriously consider Small Claims Court, which in California just increased its maximum jurisdiction limits for a case like this one to $10,000 (two cases a year in excess of $2500 recovery with a maximum of $10,000). You will still need to establish how the dog owner was negligent but it will certainly be quicker and less costly that a superior court lawsuit. Keep in mind that the most you are going to get is the amount of the medical bills and other "economic" costs to treat your dog's injuries: you and your family cannot recover for shock, dismay, or suffering because of your dog's injuries.
You asked about the potential of liability of the resort. That will be a very difficult case for you to prevail on. If you are serious about the possibility you should meet with an attorney to discuss the facts and the expensive process you would be undertaking.
Good luck - I hope your dog and your family recovers quickly and completely.
Brian Chase,
BISNAR|CHASE, Personal Injury Attorneys.
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