QUESTION
How much at fault are we for our dog biting another dog?
Asked on Jan 30th, 2013 on Litigation - Florida
More details to this question:
One evening around 11pm, we were taking my daughter home and decided to bring our dog for the ride. I went to grab the leash but my husband said not to worry about it as he was only bringing the dog to the car in the driveway. Just as my dog was entering our car, he noticed a man in front of our yard. He happened to be walking his corgi mix off leash as well. The two dogs got into an altercation and my dog grabbed their dog and apparently punctured a lung and fractured a rib. My dog is a medium sized mixed breed (shar-pei and Dalmatian/chow) We got the bill a few months later and it was about $900.00. We have paid them $600.00 so far but feel they have been elaborate in their spending for non- medical products and expect us to pay. If I am obligated to pay, I will. I just felt that if his dog were on a leash that the man could have grabbed his dog before it became an issue. I realize our own negligence for not having our dog leashed, hence the $600.00 payment. Any advice would be great. We live in Florida
2 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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It seems to me that comparable negligence should be utilized under these circumstances. With it each party would share in the liability. You have apparently already paid about 66% of the damages, and you should only be 50% liable.
Answered on Jan 31st, 2013 at 8:18 AM
Criminal Law Attorney serving Altamonte Springs, FL
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The Trabin Law Firm, P.L.
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You are responsible and at fault. This isn't to say you did anything criminal, but it is your dog and the dog was not restrained. You are responsible for paying any medical expenses. I'm not sure what these non-medical expenses are. The other party should provide you with a copy of the bill they paid and you simply pay them the amount reflected on the bill. Be sure to have something in writing showing that they received the money and have been paid in full. They do not get money for pain and suffering.
Answered on Jan 31st, 2013 at 8:17 AM