What is the name of your state (only U.S. law)? California
I'll try to make this as easy to read as possible.
The defendant (my friend) is being sued by a neighbor for medical expenses relating to a dog bite. The cute part: His OWN dog bit him and he is claiming my friend's dog bit him.
Heres the letter they got from a law firm (California)
"Our client has advised that without provocation your dog attacked and bit him in front of your home"
"please provide us with your liability insurance company or we will be forced to take legal action"
Now, heres what happened: (and most of this is captured on videotape by another neighbor)
This guy is riding around in the street on a motorcycle with his pitbulls following him, NO LEASH. My friends dog is in the front yard behind a gate. The pitbulls (no leash) turn their attention to my friend's dog and attempt to attack him through the fence.
The guy then attempts to restrain his dog, and somehow in the scuffle the gate opens and my friend's dog is now out in the street. This is captured on a security camera.
There is a scuffle between the owner, 2 pitbulls, and our dog. It is unclear on the video who bites the owner and how, but there is a clear shot of the owner kicking all the dogs as hard as he can.
Witnesses/Evidence:
- My friend's mom says she saw the owner's dog bit the owner
- A neighbor claims to have seen blood on the mouth of the pitbull
- the neighbor who caught this on video keeps security cameras in front of his house simply to catch things like this on tape because these dogs have a history of violence and roaming with no leash.
I want to help them but I have never been involved in any kind of lawsuit. I assume I should just get a lawyer and let the lawyer handle it from there but I was hoping to get any advice from such an active forum.
What are the costs with getting a lawyer? If we are proven innocent, can we counter-sue for court/lawyer fees?
Thanks for reading
I'll try to make this as easy to read as possible.
The defendant (my friend) is being sued by a neighbor for medical expenses relating to a dog bite. The cute part: His OWN dog bit him and he is claiming my friend's dog bit him.
Heres the letter they got from a law firm (California)
"Our client has advised that without provocation your dog attacked and bit him in front of your home"
"please provide us with your liability insurance company or we will be forced to take legal action"
Now, heres what happened: (and most of this is captured on videotape by another neighbor)
This guy is riding around in the street on a motorcycle with his pitbulls following him, NO LEASH. My friends dog is in the front yard behind a gate. The pitbulls (no leash) turn their attention to my friend's dog and attempt to attack him through the fence.
The guy then attempts to restrain his dog, and somehow in the scuffle the gate opens and my friend's dog is now out in the street. This is captured on a security camera.
There is a scuffle between the owner, 2 pitbulls, and our dog. It is unclear on the video who bites the owner and how, but there is a clear shot of the owner kicking all the dogs as hard as he can.
Witnesses/Evidence:
- My friend's mom says she saw the owner's dog bit the owner
- A neighbor claims to have seen blood on the mouth of the pitbull
- the neighbor who caught this on video keeps security cameras in front of his house simply to catch things like this on tape because these dogs have a history of violence and roaming with no leash.
I want to help them but I have never been involved in any kind of lawsuit. I assume I should just get a lawyer and let the lawyer handle it from there but I was hoping to get any advice from such an active forum.
What are the costs with getting a lawyer? If we are proven innocent, can we counter-sue for court/lawyer fees?
Thanks for reading
