Legal Question in Personal Injury in California

6 months ago a delivery man from a thai restaruant came to deliver food that I had ordered- he was standing on my deck and didnt have a pen, so i went inside to get one-- when i turned to go inside, my dog came outside from a different door about 10 ft awaythat I didn't realize was left open. He jumped on the delivery man- I ran over and he jumped off, then I secured him and brought him back inside. I profusely apologized and asked the delivery man if he was ok (he didn't speak english very well) and he kept saying "yeah I'm ok" over and over again. I asked to see his arm- my dog had ripped through his shirt and on his arm was a 2 in scratch and that did not break the skin- it was just an under the skin scratch with a bruise developing around it. I put some bacitracin on it for him (i didnt have any bandaids- but the blood was under the skin, so it was not "bleeding") and I gave him a baggie of ice to apply. I didn't have any cash, but I told him i was adding $20 to his tip to pay for his shirt.

An hour or so later, he came back with the restaurant's manager to go over what happened. I said I thought my dog scratched him becuase if he had bitten him, there would be puntcure marks in his arm and he would be profusely bleeding, but he claims he was bitten... I assured them he had all his shots- I didn't have verification on me- but I could call my vet the next day and send it to them- I asked for a fax number or address, but they didn't give me any info, so I gave them my number. They asked if I had a doctor that he could see... I said I understood his concern- but if you don't need any vaccines or stitches, I didn't see what a doctor would do besides put a bandaid on it. I said if he went to the ER then I would cover his medical bills.

1 month later I got a call from the delivery man, saying his medical bills were $651 and if I didn't pay he had a lawyer. I said I have no problem paying, just send me the bills.

About a week later I got a letter from his lawyer asking me to forward their info to my insurance co. to deal with the matter. However, I am a renter and have no insurance, and my landlord is in no way liable, so his insurance wouldn't cover it. I called and told them this- and asked why he even got a lawyer when I already agreed to cover his med costs- they said he claimed I didn't return his calls (he called me once, which is when I spoke to him- my phone records will attest to this). The law office still attempted to contact my landlord and go after his incurance co- which I told them wouldn't work because he is not liable- so just send me the med bills and I'll pay them- they said ok.

5 months later I finally get a call from the law office- they said the medical bills were $951- I said, ok- just send me the bills so I can look them over. Then they said he was also asking for $3000 in pain and suffering?!!

There is no way I'm paying that-- I think that for an under the skin scratch and compliance to pay the med bills (which I already find rediculously high for the injury)- that is out of hand.

Anyway- if I refuse to pay the $3000, what would happen? Would they take me to court? And if they did, do you think $3000 is a reasonable amount to ask for- seeing as the injury was a scratch that did not break the skin??

Please give me any advice or insight you have.

Thank you.


Asked on 6/05/10, 10:32 am

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If you are a renter and you didn't purchase renter's insurance, then you used extremely poor judgment (but you saved $150). If you can get out of the case for $3951 you will be lucky indeed. Write them a check.

Read more
Answered on 6/06/10, 6:21 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California