Worker claims dog bite, suing property owner, not dog owner.

[smeadows]

What is the name of your state (only U.S. law)? California

I was moving in with my Boyfriend and hired someone to clean the house first. I left my dog there while I was at work and the house cleaner came to do her work. She claims that my dog (very small dog) bit her. My boyfriend has a business on the property and his office person said that the dog did not bite the lady. The house cleaner wanted her medical bills paid, we told her no, no dog bit her. She had an attorney send a letter demanding payment. We said no, now almost a year later they are sending a letter of demand to my boyfriend because he is the property owner for expenses incurred and threatening small claims court.

Would he be responsible because he owns the property?

 

[Antigone*]

What is the name of your state (only U.S. law)? California

I was moving in with my Boyfriend and hired someone to clean the house first. I left my dog there while I was at work and the house cleaner came to do her work. She claims that my dog (very small dog) bit her. My boyfriend has a business on the property and his office person said that the dog did not bite the lady. The house cleaner wanted her medical bills paid, we told her no, no dog bit her. She had an attorney send a letter demanding payment. We said no, now almost a year later they are sending a letter of demand to my boyfriend because he is the property owner for expenses incurred and threatening small claims court.

Would he be responsible because he owns the property?

He certainly can be held responsible. You should have paid her medical bills a year ago. Now I'm sure she wants more.

She can go after you jointly and severally. It looks like she and her attorney have decided that his pockets are deeper than yours.

 

[Zigner]

What is the name of your state (only U.S. law)? California

I was moving in with my Boyfriend and hired someone to clean the house first. I left my dog there while I was at work and the house cleaner came to do her work. She claims that my dog (very small dog) bit her. My boyfriend has a business on the property and his office person said that the dog did not bite the lady. The house cleaner wanted her medical bills paid, we told her no, no dog bit her. She had an attorney send a letter demanding payment. We said no, now almost a year later they are sending a letter of demand to my boyfriend because he is the property owner for expenses incurred and threatening small claims court.

Would he be responsible because he owns the property?

Yep, he could be. I bet it would have been much cheaper to pay for the bills caused by your dog...it's what a responsible pet owner does.

ETA: Yeah, what she said!

 

[smeadows]

The dog did not bite her, she had been in a car accident and was already bruised. She had delayed cleaning the house because of her doctor's appointments. In fact the first medical bill she presented us was for a follow up appointment from the accident, with a complaint about an abraision on her leg.

We thought if we paid the bills just to shut her up it would be admiting something that didn't happen and she would have just kept after us for more.

 

[smeadows]

To all**************

This is a false claim the dog did not bite her. We are very responsible pet owners.

This claim of hers came after she called me to schedule a monthly cleaning and I told her I was displeased with the work. Two days later we got a letter from her stating she had been bitten and wanted money.

 

[Zigner]

We thought if we paid the bills just to shut her up it would be admiting something that didn't happen and she would have just kept after us for more.

That's what a release is for. You pay her money in exchange for her giving you a piece of paper that release any claim she may feel she has against you... It's a business decision.

 

[Willlyjo]

To all**************

This is a false claim the dog did not bite her. We are very responsible pet owners.

This claim of hers came after she called me to schedule a monthly cleaning and I told her I was displeased with the work. Two days later we got a letter from her stating she had been bitten and wanted money.

If you feel it is a false claim then let her take you to small claims and then let the judge examine where she said she was bitten. Are there puncture wounds? If there are, you will lose the case, if there aren't then I'm sure the judge will rule accordingly.

 

[smeadows]

It was almost a year ago and at the time she sent us a very blurry picture of a bruise on her leg.

 

[Antigone*]

If you feel it is a false claim then let her take you to small claims and then let the judge examine where she said she was bitten. Are there puncture wounds? If there are, you will lose the case, if there aren't then I'm sure the judge will rule accordingly.

A year later, willy, really There you go, talking in absolutes again. How the heck do you know what the outcome of the case will be, no way in haedes SJ is ever going to let you play with the crystal ball.

 

[justalayman]

It was almost a year ago and at the time she sent us a very blurry picture of a bruise on her leg.

but if you insisted she get medical care at the time, the examining physician could give an opinion as to whether it was a fresh wound or if it appeared it was caused by a dog. Her going to the doctor at the time, the sooner the better, would have given you more defense than relying on a blurry photo.

so, she asked for this at the time:

The house cleaner wanted her medical bills paid,

what were her medical bills to that time and what, if any were incurred after the time of the bite?

 

[smeadows]

She did not claim that she had been bitten until after I told her I was not happy with her services, then she asked for her copay and expenses for an antibiotic that the doctor prescribed. The copy of the doctors bill was for a visit pertaining to other issues, her car accident and some female issue she was having and it was as if she threw this in for good measure. She called animal control and reported it 13 days after it supposedly had happened. They did nothing because it was to far past.

I realize on reflection it would have been simpler to just pay what she was asking and have her sign a release, but the dog did not bite her. She was pissed because she was not being hired permanently and we felt if we had paid her we would have been admiting guilt and she would have just kept sending bills from that point on. (didn't think about the release aspect at the time.)

 

[justalayman]

The copy of the doctors bill was for a visit pertaining to other issues, her car accident and some female issue she was having and it was as if she threw this in for good measure.

well she will have to prove her case if it gets that far. Unless she has a medical exam very shortly after the bite that the doctors report states patient reported with animal bite, she is lost before she gets started.

You might want to review the amount sought and determine if it is worth fighting or not. Sometimes it is easier to just roll over (a dog joke) and pay the demand that fight it. I hate saying that but sometimes reality gets in the way.

 

[Zigner]

She did not claim that she had been bitten until after I told her I was not happy with her services, then she asked for her copay and expenses for an antibiotic that the doctor prescribed.

Antibiotics aren't generally prescribed for a bruise.

 

[smeadows]

Zigner - I realize that, but had you read you would have seen that she was in the office for other things, car accident, female issues plenty of things I'm not going into detail about that could have required antibiotics.

 

[Zigner]

Zigner - I realize that, but had you read you would have seen that she was in the office for other things, car accident, female issues plenty of things I'm not going into detail about that could have required antibiotics.

Ok, let's say I get bit right now by a dog...not bad, but wanted to see the doc. So, I drive on over to the doc and ... WHAM ... I get rear-ended and my neck is now hurting and my big toe is also hurting. It's also not bad, but I'd like the doc to look at those things too. Don't you think that I could have the doc do it all in the same visit?