dog bite law in california?
My neighbors daughter got bit by my dog after many times we
told her not to hug up on him cause he’s too old. And the ladys kids (6 and 11) are always in my yard when I’m not home and I kick them out. I have posted, beware of dog and he’s within my fenced yard. She (the 5 year old) got bit when she proceeded to hug up on my dog after being told by my daughter not to. She was over on my yard unsupervised with my daughter. I offered to pay for medical bills incurred but the mom has been harrasing me to pay her 500 by Friday and this just happened on Saturday. I told her I’ll pay when she shows me the bill
from emergency but I’m not going to pay her directly, I’m paying the hospital, she got all bent out of shape when I said that and said she was taking me to court. Now what? I offered but she wants the money in her hands and I refuse. Shouldn’t I only be liable for 1/2 since it was also her negligence?
Thanks for any help.
She didn’t file a police report but when I drove her to the emergency room because the little girl got 1 puncture wound on her head from my dog, the hospital filed a dog bite report with the county. Animal control came to my house Sunday and cited me, quarantined my dog for 10 days, and asked me to go in after 10 days with my dogs rabies shots. If I do what they ask by 2/11 they’ll rip up the citation.
AND I was home at the time when the girl came over, my 16 y.o. daughter was outside but I was unaware of the kids being there.
September 10th, 2010 at 4:15 pm
If she was to take you to court, I doubt the cost would be more than 500, so take your chances because it sounds as if she’s trying to blackmail you. BTW did she report to animal control?
September 10th, 2010 at 4:40 pm
i personally think u are right not to pay her beacuz her daughter was in you’re yard and u warned her
September 10th, 2010 at 5:37 pm
It sounds to me like the woman is trying to make some money off of her kid’s misfortune. One has to wonder how much she would be asking if the kid was bitten by an Asian King Cobra, from outta Bombay. The dog bite laws have probably changed significantly since you had to cut the dog’s head off and send it in to U. C. Davis and have them to determine if the child would be subject to receiving 21-shots in the stomach . . . But anyway, that’s how it used to be . . . I was bitten by a squirrel when I was 10-years old and the squirrel died . . . Obviously, I survived . . . So far, anyway.
September 10th, 2010 at 6:19 pm
Her daughter being 5 or 6 is young and most likely wouldnt listen to you, which she didnt. Is your dog fenced in? Did you talk to her mom? I don’t think you should have to pay if you warned them and your dog is fenced in. If he is not fenced in you may have to pay the medical bill. You have to discuss this with your neighbor.
September 10th, 2010 at 7:14 pm
You have signs posted, had warned both child and parent repeatedly, and the incident happened when the child wandered unattended onto your property. Let her take you to court. From what it sounds like, she doesn’t have a case. It’s generous of you to pay the medical bills, because technically, you’re not at fault. Also, stick to your guns about paying the hospital directly. It sounds to me like she’s trying to milk this for whatever it’s worth. What kind of treatment did the girl need? A few stitches would be covered by insurance, as would a preventative vaccine.
September 10th, 2010 at 7:22 pm
seems to me the lady doesn’t know how to supervise her daughter. you have warned the lady and her kids not to do that and posted beware of dog signs and that the girl comes into your yard. it’s not the dog going over there.
I think you should let her take you to court and be prepared. have documentations of your dogs shots, and bring credible witnesses with you. Get a lawyer in case she is serious about taking you to court.
September 10th, 2010 at 7:31 pm
Just tell the judge what you’re telling us….he should reason with you!
Good luck
September 10th, 2010 at 8:13 pm
This is THE #1 reason dogs should NEVER be left outside unattended.
In my opinion, you BOTH are liable.
She should keep her kids out of other peoples yards.
A “Beware of dog” sign isn’t going to stop them. It may decrease your liability a bit in the eyes of the court, but not hers.
You should not leave your dog outside alone, unattended where other people/kids can get to him.
You both are at fault, so there is no guarentee whether or not the court would rule in your favor, if in fact she does decide to take you to court.
If you DO go to court, tell the Judge you offered to pay part of the Medical bill, and pay the Hospital directly.
Sounds to me like when her daughter got bit, all she saw was $$ – Cha Ching!