Legal Question in Personal Injury in California
I'm babysitting a dog and while walking him on a leash in a commercial zoning area we were attacked by a little dog. We were both surprised and the little dog was killed by my dog. I feel really bad but it was not our fault and the other dog was not on a leash. The owner of the dog wants my dog that I am babysitting taken away by ASPCA. We both spoke with ASPCA and they said that it was not my dog's fault and that they can't do anything. The owner of the dog is really upset and said that this happened on her property and said she will sue....This dog is not my dog and the owners are out of country.....I offered to get her a new dog and she said that she paid 900.00 for the dog. So I said to make her feel better I'll give her either the $900.00 or get her a new dog...What kind of settlement letter should I write so that she does not come back after me in the future...I'm scared of any future lawsuit...
4 Answers from Attorneys
You need to get over your fear of a lawsuit. Dogs are treated by the law as property, so the most she could get is the amount of a replacement dog, which is what you already offered. The facts you state demonstrate that the owner of the other dog is at fault; if you were on the sidewalk at the time, then you were not on her property.
I agree with George. You have little chance of losing more than $900. Put your offer in writing. Hire an attorney.
If the facts are as you state to be, do not pay her a penny!
Agreed with all of the above. If you would like a letter from an attorney directed at this lady explaining to her the law, please feel free to contact me. You should not pay a dime to this lady based upon the above facts.
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