I came home to find police down my street, didn't think anything of it. I look into my backyard and see one of my sister's dogs. I had no idea she was bringing her two dogs over to my house. I try to find the other dog and instead find that my fence has been broken through by this dog. I run down the street to find the dog being held by my neighbor and the dog is on a leash, badly beaten. My sisters dog had broken through my fence, attacked another dog (being walked on a leash on the sidewalk), and then to break up the dog fight it is said that four people were kicking and hitting my sisters dog.
I'm currently keeping in touch with the owner of the dog that was attacked, he has asked me if I have Home Owner's Insurance, which I do. Who is responsible? Me or my sister?
Just an update. Filed a claim with our home owners insurance and they said that I am not liable and will defend me if need be. I'm glad that this is the case. Thanks for your time spent giving me these answers.
"Who is responsible? Me or my sister?"
Your sister, as owner of the dog, is definitely responsible. Under the stated facts I do not see any liability on your part however I would report the matter to your homeowners' insurance immediately if a claim is made against you. Good luck.
I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
Personal Injury Lawyer
Your sisters has liability for injuries to the other dog.Your liability will depend if you knew or should have known the propensity of your sister's dog and has permitted her in the past to bring her dog and this was something waiting to happen. A Call to homeowner's insurance will be in order.
Medical Malpractice Attorney
"Who's responsible?" is one question and "Who's gonna get sued?" is another... one which has a larger group of people in the answer to the latter. One of the many factors an experienced personal injury attorney takes into account when sizing up a case is "where the money is." Should a biting dog's owner not have money or insurance coverage, secondary targets (defendants) get investigated such as the owner of the premises on which said bite occurred or the owner of the premises from where said biting dog escaped. Fortunately, a homeowner probably has home owner's insurance - and such a policy may cover the incident. If not, a lawyer may be needed to defend suit (should one come about).
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
www.fransenandmolinaro.com / www.888MDJDLAW.com
"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."
* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
Personal Injury Lawyer
Unfortunately you have gotten thrown in the middle of this situation. Dog owner is always at fault and responsible. Unless the incident occurred on your property I don’t see any liability at this juncture. However to be safe put in a claim into your homeowner insurance.
1 lawyer agrees