Legal Question in Personal Injury in California

Can a neighbor be sued for failing to pay medical expenses from a dog bit. They paid the initial out of pocket expenses but have failed to pay the portion our insurance company deducted from our lifetime medical. We are retired.


Asked on 4/10/10, 6:42 pm

3 Answers from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

My firm handles dog bite cases all over the state of California. You may call me for a free consultation at 800-816-1529, extension 1.

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Answered on 4/15/10, 7:35 pm
Ben Glen Law Offices of Ben Glen, PC

Yes. Civil Code Section 3342 makes the owner of a dog strictly liable for the injuries and damages resulting from a dog bite. Feel free to contact me for a free consultation toll free at 1-877-236-4536.

The pertinent part of the code section states:

California Civil Code 3342. Liability for Dog Bites

(a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this State or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner.

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Answered on 4/15/10, 10:43 pm
Maria Kao Feldsott & Lee

Yes, you may sue the neighbor for medical expenses.

Although, you have a right to sue your neighbors for the dog bite, there are other variables to consider, such as time and relationship with your neighbor. Perhaps approach them about paying for your medical expenses as the time of litigation can be long. It might take a while, and it might strain the relationship between you and your neighbor when they have to put up money to defend in a lawsuit.

Thanks.

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Answered on 4/16/10, 9:24 am


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