So, tomorrow I test the system . . . CDSmith, you wanted to know
 

Tomorrow morning we have our day in court. I had scheduled it for Nov 30, but they requested a delay that put it during XBIZ LA, so I got a postponement and tomorrow will be our day.

Since the kid lives at home, I added his dad as a defendant as they own the house, so I know he has property insurance. I am pretty confident of victory, but the appellate system can screw the pooch.

We shall see.

Back story for those that care.

Good luck, poor Buddy. :thumbsup

So what are you suing them for? Actual damages in terms of vet bills?

Your dog got fucking owned.

Animal medical Clinic

Visit $104.05
Meds $47.87


Redwood Animal Clinic

Surgery $841.05


PetCo Collars - $60
Suture Removal: $25


Filing Fee: 30 + 10 = $40
Police report(s): $2
Subpoena Service: $70
Witness fees: $150.


Total $1339.97

nobody can 100% predict what any animal might or might not do

Your point?

Sounds pretty damned reasonable. I just shelled out $1100 for a dog for one night in the emergency clinic.

looks like he was trying to get some tail :helpme

I was assuming that you are suing him because he said his dog wouldn't bite?

I didn't get the full story, did he do something negligent?

Not everyone has a pittbull they can walk around the trailer park.

.

Good luck. Sucky situation.

You willingly put your dog on somebody else's land to sniff asses etc with a dog that barks at him everyday?

I admit I know nothing about dog owning law, but just from a common sense point of view I would be very surprised if you won this. Are there any legal precedents in this?

How many of you dog owners would pay if you were the defendant here?

If I said my dog didn't bite then it did I would feel pretty stupid.

.

I suspect that you will be awarded all of the Vet fees...but do not be surprised if you do not collect all the other fees you have listed...unless small claims court has changed in California since I last filed a claim...which was well over ten years ago.

He writes pretty good for a dog.

If Buddy did that to another dog I would have driven them to their vet.

Good luck :thumbsup

Did this happen on this guys property? Only defense he would have would say that you walked up and he said to stay back. Hopefully thats not the case.

fuck dogs.

useless, stinking fleabags.

But you acknowledge you were dealing with a kid in his own yard, and only included the kid's father who was not there because you thought he would have insurance....

I am not having a pop at you, I just think that a court would be setting a dangerous precedent in giving you this.

I mean, for all you or a court knows, your dog may have asked the other dog to bite him?

I always say that my dog is 'normally ok, but has been known to snap with some dogs'...

The descision maker (?judge) may say that you should have known that dogs do not always behave predictably and that you should have been more cautious.

lol ..... small claims courts don't set any precedents.

i feel bad for Buddy but i would be surprised if you won this case. dogs are dogs, you voluntarily took Buddy over to meet this other dog, the law can't expect the son to be able to guarantee that his dog wouldn't do any harm to Buddy. maybe if you had evidence that this dog has a history of mauling other dogs then the judge would decide the son was negligent. the judge will ask the son if his dog has done this before and i guarantee the answer will be 'no' - whether it's the truth or not.

In general...the law in California is...basically the owner of a dog is liable for whatever damage a dog does...no matter the circumstance.

no kidding, i need to go to his vet.

our most recent pet death was factored in at about $1500 as well, test after test "nothing is wrong with your dog" - found her next day twitching, they wanted $400 a day to keep her alive.

they creamated her for free but charged us over thousand for tests, the valium they gave her was like $300 not to mention hydration shots. good lord they rape you.

fucking hate vets

Very true. I can't stand when people act like their dog isn't going to ever do anything. It's an animal and you never know what is going to set it off.

I gave away a dalmatian to a family who said "we raised rottweilers we know how to deal with kids and dogs" only to get a phone call a month later that the dog ripped open the 2 year old's face. I told them and told them and told them but they still took the dog. Male dog I found and rescued and they thought because he was spotted he was harmless. Let your kid hang all over a dog that isn't used to that and guess what... he's going to snap.

Good luck Baddog. Poor Buddy, he lost in this one regardless.

Good luck baddog i hope Buddy gets better soon.

http://i.imgur.com/MR7gv.gif

:1orglaugh :)

Bingo. BTW, when I call him a kid it is because I do not know how old he is. To be honest, I thought he was a minor until animal control informed me that in order for a dog to be registered to someone, they must be at least 18. Only because of that do I presume he is an adult. Does not look it.

Dad has deeper pockets.

Didn't know the story, sorry it happened and I hope you recover your expenses. Should be a no-brainer to win. On their property with their permission and all parties witnessing.

It will be interesting to see what happens here. California is an absolute liability state, one of the very few, and like Pathfinder said you are responsible for any damage they do. This is overwhelmingly clear in regards to people. What's not as clear is how it relates to property. Dogs are generally considered to be property.

Personally, I'd have covered the bills if my dog did it. It's the right thing to do.

Had the dog bitten a person, the owner would be strictly liable even on their own property if there was an implied invitation to come over because California is one of the few states with that specific law.

Since the dog bit another dog, you'll want to check local city codes to see if your city has over like Beverly Hills does which makes a dog owner liable for any damage done by the dog. Do NOT expect the JP or judge to know about that law. YOU should check and bring it to the attention of the court if there is one.

Assuming no city code creates strict liabilty, under state law you can prevail by showing that the owner (registered owner aka dad or de facto owner son) KNEW that the dog was aggressive. Choosing to keep an aggressive dog makes the owner liable under California law. That's called scienter.

If you can't show that they knew the dog was aggressive, the fallback position is their failure to effectively control the dog. Dog owners have a legal duty to control the animal

The question my arise whether you took on the risk by going over to the dog. Binding precedent says no. You may want to jot down these citations:

Playing with a dog and patting his head did not constitute assumption of the risk. Smythe v. Schacht (1949) 93 Cal.App.2d


In Burden v. Globerson (1967) 252 Cal.App.2d 468 the court ruled that regardless of the dog's breed, one does not assume the risk of being bitten simply by choosing to initiate interaction with a dog.

See also:

http://dogbitelaw.com/statutory-stri...alifornia.html

Well in baddogs defense, when you are as old as he is anyone with a full head of hair looks like a kid.

This seems so bogus.

I was walking my dog a few weeks ago and this chick walking by didn't have hers on a very tight leash and the mutt comes over and starts barking at my dog and I just booted him in the snout and he ran off, problem solved.

Good Luck Tomorrow, Lloyd...

I'm not gonna pretend to understand the USA justice system, but I do know that you are a good guy, so I hope you get the result that you feel that you and Buddy deserve :)

Baddog is a hardcore outlaw biker though! The only solution to a small problem with your neighbor is to take them to small claims court. I read in the news just last week about someone from the hells angels taking their neighbor to court for damaging their privacy fence. I bet that asshole didn't even see the lawsuit coming!

if my dog injured another dog or cat i would drive them and pay all related expenses as well. all the dog owners in my area feel the same (sans one), it's a conversation we've all had since a dog in our neighborhood caused 8k in damages to another dog (and that owner didn't pay and his dog, the offender, was off leash when it happened).

Oh yeah, I remember that episode of Sons of Anarchy where they enlisted the Mexican Mafia to serve their neighbors with a subpoena because they were playing their ranchero music too loud.

Hardcore.

Pretty funny how catty dog owners seem to be over there.

You know man, I still dream about my pet Lab from when I was 10 years old. Twice a week at least, sure thing. I'm 28 and a few months.

So that's going on 18 years, twice a week at least, who knows what that adds up to? This is not going away even if I live to be 90.

$1339.97? No problem, a 10 minute drive to the bank and back.

Not sure how much total I have invested and in cash these days, but I'd give $1339.97 plus all the rest, sell my ass on the street, go into debt and give up both my arms and legs for another hour with my mutt. Without a second thought. I'm sure you know what it's like, when you really have that connection, they're the closest thing you can get to your own kids. People I care for more? My kid, my mother. Maybe my girl if I'm in a good mood, haha. :1orglaugh

Good luck with your court case and everything. If the other guy has to cover your vet bills, fine. If he has to give you some compensation, fine. But if at any point, it looks like he's going to have to lose HIS dog over this... I suggest you walk away. No doubt his mutt is worth as much to him as yours is to you. Realistically a dog is a dog. I could give up everything for another hour with my mutt only to have him maul my face off, but there we go.

Fucking dogs. I'm so done with dogs. Wish my parents never would've laid eyes on the fucking thing. They might as well be your own flesh and blood. You bring them home, play with them, raise them, take care of them, but the end result is always the same. They break your fucking heart. :2 cents:

Nothing says, "Hi, neighbor," like suing them!

I had to do the same thing with a neighbor. Their mutt dog tried to eat my award winning dog. So not only did I sue for the injuries costs, I also sued for the fact that my dog can no longer be a show dog and the fact that nobody is going to want to breed their beauty with my scarred up, three legged dog...

We won damages of $2700 or so and then another $1050 for the 1st of the litters we were not going to be getting going forward. Previously the dog gave us 3 first of the litters that sold for $350 each.

Then...

I got sued by another neighbor when my dog bit his dog. I was very nice and offered to just pay him the cash... no need for insurance... But he was a douche... Oh well, that is what the insurance is for. They paid him and charged me $250 deductible and my rate went up $56 a year and will remain that way for about 5 years according to the agent. I still made out like a bandit on that one!

I have an asshole neighbor who is always bothering me about stupid shit.

Last year when a couple of kids were carrying her flat screen tv and a firesafe full of cash out the back door of her house and throwing it over the fence, I had a chuckle because I couldn't seem to find my phone to call 9-1-1...it was probably under those weeds on the property line.

Why would you want to sue your neighbour?

It makes no sense at all. Sue your neighbour and create some tension in your own street - GREAT IDEA!

Americans are generally arseholes.

What makes you think we are neighbors or live on the same street? What would you do? Chalk it up if they lived on the same street as you?

Damn that's a lot of bills :(

I have insurance for my dog and it's well worth it. I saved a few gouges from the vet :thumbsup

Hope it turns out ok

Thought I had read it was your neighbour - how about this 'person who lives not too far from your house and you walk by regularly'. Who really cares.

I would talk to the person first, try to work out a resolution amicably. If that did not work then I would simply avoid the place. Suing would not ever enter my mind. Seems like a completely idiotic response.

I tried working it out at the time and again before court. Not sure why I should suddenly avoid a street I have used since 1985 because a dick lives there.

Any news on how this turned out? Did you win Baddog?

Not everyone who has a pit lives in a trailer park

:2 cents::2 cents::2 cents:

I hope things work out and he pay's the vet bills.