Legal Question in Civil Litigation in California
Dog owner trying to protect dog and self
my neighbor filed a small claims complaint of a dog attack. we went to court and he was awarded 1,200.00 for emotional distress. The dog jumped on him, never bite him. homeowners ins. paid. now neighbor has filed a violation of city code-dangerous animal with superior court. This is the first time the animal has ever got out of our yard or caused any problems. arraignment is set, do I need a lawyer there to prtect me and my dog (from being put to sleep.) help needed
2 Answers from Attorneys
Re: Dog owner trying to protect dog and self
Thanks for your question. Well, I can't specifically answer your question.
It depends on a few factors:
1. The type of dog and its past history of attacks (& whether you were aware of them).
2. The specific Municipal code section to determine the standard for that community.
It would be prudent to at least consult with an attorney. I will be in on Tuesday, April 23, if you would like to discuss the matter further.
Thank you.
Re: Dog owner trying to protect dog and self
Sorry to hear about your neighbor. You need to research the code they are prosecuting you under. The dog's history will be relevant. as a general matter, owners are liable for the actions of their dogs. It is unlikely your dog will be put to sleep if there is no negative history with the animal.
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