Dog attack

[rob-cal]

What is the name of your state? CA

I was attacked by a German shepherd, the dog did not bit me, he chased me and I had to jump a wire fence. The dog was loose without a leash, the dog owner pulled the dog from the collar and acted as if nothing had happened. After the owner took the dog, I let go of the fence and landed on my butt back and leg. I went to urgent care doctor prescribe me muscle relaxers and anti-inflammation medication told me to put ice and went home. Next day my back was hurting and went to a follow-up with my primary physician, he checked my back and leg and refill muscle relaxer medication. Two days later I went to a chiropractor, took some images an told me that it may take "20 visits to fix the problem". I want to happy because I have a copay, I went to see the dog owner to get her insurance information, I did not want to have lawyers involved. The female denied the incident ever happened, she was rude and obnoxious. After the unpleasant encounter, I contacted a lawyer, everything was ok until the lawyer told me that some dogs are not covered by HOI.
he also told me that it was best if I take the owner to small claims court. I have no idea how to proceed with this.
Any Ideas?

 

[quincy]

You should start by gathering evidence that your injuries were caused by the loose dog. This might be difficult to prove.

 

[adjusterjack]

some dogs are not covered by HOI.

Doesn't matter. She's still responsible whether she has insurance or not.

See CA Civil Code 3342.

California Civil Code section 3342.
(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.

Google CA dog bite law for more information.

he also told me that it was best if I take the owner to small claims court. I have no idea how to proceed with this.
Any Ideas?

CA court websites have very good self-help pages:

http://www.courts.ca.gov/selfhelp-smallclaims.htm

 

[quincy]

This wasn't a dog bite. It was someone afraid of a dog bite so s/he leaped a fence.

 

[Just Blue]

This wasn't a dog bite. It was someone afraid of a dog bite so s/he leaped a fence.

IMO Dog owner is still legally responsible for OP's injuries.

 

[quincy]

Possibly. It might be hard to prove. Maybe there were witnesses?

 

[Just Blue]

Possibly. It might be hard to prove. Maybe there were witnesses?

Hopefully. Lot's of homeowners/businesses have video now-a-days...perhaps OP can ask around and see if anyone saw something relating to the attack. Also OP can check with animal control and see if dog/owner has a "history" with them.

 

[quincy]

That could all be evidence to use against the dog owner.

Had rob-cal been more careful climbing down from the fence after the dog and dog owner left, there would have been no injury, however.

So was it the dog that caused the injury or rob-cal?

I think without good supportive evidence, rob-cal will have a difficult time getting a judgment for medical expenses.

 

[Zigner]

From "the other side's" point of view, the OP freaked out and absolutely overreacted. It would be akin to someone who veers off the road because the semi next to him drifted a bit towards his lane.

(Just playing Devil's Advocate)

 

[quincy]

From "the other side's" point of view, the OP freaked out and absolutely overreacted. It would be akin to someone who veers off the road because the semi next to him drifted a bit towards his lane.

(Just playing Devil's Advocate)

I agree. And I actually see better arguments for the dog owner than I do for rob-cal.

 

[xylene]

Be sure that you speak out about this to the authorities and be politically active. Do not vote for any local official who doesn't support harsh breed specific legislation. Carry mace. Maybe get a gun even.

 

[quincy]

Not a political question here, xylene. Most of us know you hate dogs. And the dog in question here did not bite rob-cal.

 

[xylene]

Not a political question here, xylene. Most of us know you hate dogs. And the dog in question here did not bite rob-cal.

The dog menaced rob-cal. That is a serious dog crime. rob-cal asked specifically if we have any ideas. my ideas are future oriented to respond to the likely event that he may be uncompensated or poorly compensated. working to change laws is a healthy response, one that shockingly few people avail themselves of in response to a situation. being more protected and confident in the future within the law is also an appropriate response

I've edited my post to be less charged.

 

[Just Blue]

Be sure that you speak out about this to the authorities and be politically active. Do not vote for any local official who doesn't support harsh breed specific legislation. Carry mace. Maybe get a gun even.

Pepper spray? Yes. Gun? Are you flipping kidding Xy?

 

[quincy]

The dog menaced rob-cal. That is a serious dog crime. rob-cal asked specifically if we have any ideas. my ideas are future oriented to respond to the likely event that he may be uncompensated or poorly compensated. working to change laws is a healthy response, one that shockingly few people avail themselves of in response to a situation. being more protected and confident in the future within the law is also an appropriate response

I've edited my post to be less charged.

Thank you for the edit, xylene.

There are already leash laws and dog bite laws that work to punish owners (and their dogs) when the dogs get out of control, and there are dog-breed restrictions in many communities.

As described here, there was an unleashed dog that apparently charged at rob-cal and obviously this frightened rob-cal, leading rob-cal to climb a fence. The dog and owner then left.

Up to that point, there was a scare but no injury.

It was rob-cal getting down from the fence AFTER the dog was gone that led to the injury. I am not sure the blame for the injury can be placed on the dog/dog owner (or, at least, not entirely).