Dog Bite

Your question didn't give any information as to how seriously injured the mail carrier is. Generally speaking, in California, the owner of a dog is liable for any injuries resulting from a dog bite. This is true even if the dog owner wasn't at fault ( i.e. the dog never showed any dangerous propensities before biting someone). If you are homeowner you probably homeowner's liability insurance. If so turn the matter over to the insurance company. If you have renter's insurance do the same. If you don't have any liability insurance then you have to deal with this yourself. It sounds like you don't have any money to offer a settlement. If you do nothing the worst that can happen is the mail carrier (or the worker's compensation carrier) could sue you. If you don't have assets there's not much they can do to you. Although they might garnish your wages. If the mail carrier (or worker's compensation carrier) gets a big judgment you can consider declaring bankruptcy.

There is a danger in doing nothing if you are sued. While you may not have any money now, you may in the future. If you do nothing, the amount of the judgment will be left up to the mail carrier and it could be substantial. And judgments collect interest at 10% a year so even a small judgment can grow substantially over time. If you can't afford a settlement and end up being sued, do yourself a favor. Invest in your future and hire a lawyer if for no other reason then to limit the size of the judgment. Who knows, if your lucky, your lawyer might be able to win the case... Wouldn't that be nice...

Well, this is old, but in case this is still unresolved, here is my reaction. If you have less than $1000 in cash, it does not sound like hiring an attorney is an option for you.

So here is something you COULD do. Contact the person that made the claim to you, and do it in writing. Do not discuss the incident itself, but tell them that you have no assets, no job and no cash, and that if they sue you, you will file for Bankruptcy protection. You could back up this letter with a financial statement. You can draft one yourself. A letter of discharge from your job, or other verification of job loss should be attached. The financial statement is just a signed, dated list of all your assets and liabilities, such as your car, your household furniture, etc. You don't have to get too detailed on the assets, just go by category. Then the liabilities: what you owe, like credit card debt, loans, outstanding bills not paid.

This will demonstrate to them that they have no hope of collecting even if they do get a judgment against you. I have succeeded for clients in the past in discouraging them from ever filing suit this way. Reason? It is expensive to sue someone, and why do it if you will never collect? If you own your own home, you are in a more difficult situation. Even though you are not likely to be put out of your home to pay a judgment, the judgment will sit collecting 10% interest per year until you refinance the house, sell it or die.

Your mailman is entitled to worker's compensation under Federal law, so he will not go uncompensated.

"Bit" is a word that to me, implies a single bite and not a mauling with major injury. Mailmen are usually standing to do their jobs, so the bite was likely on the leg: ie, not a major injury at all. So even if they sue you, do not ignore the lawsuit. You are better off handling it yourself than ignoring it. You are at a big disadvantage against an attorney, but even a layperson such as yourself can point out at a trial or arbitration how minor the injury is, and keep the judgment down low. If you ignore the lawsuit, they can get pretty much whatever they ask in the judgment, thus depriving your children of any inheritance on your home.



Good luck.