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My dog is being falsely accused of biting a service person in my home that I rent, what should I be worried about and do??

Loveland, CO |

I was standing in the doorway when my dog growled and scared him good. Animal control came out to take a report and all that good stuff. They stated that if the service person did not provide proof of bite, pics etc that the case would be closed. Animal control stated that if I did not hear from them by the next business day at close, the case would be closed. I spoke to another officer who came to the house and verified that the case had been closed. Now the service person has told my landlord that he will not finish the job, and that he is talking to an attorney and pursuing a lawsuit. What are my rights? How do I find out if he has actually filed a suit? My landlord has zero info, however she has been advised to ask me to remove the dog or move out. We just moved in mid march...

Attorney Answers 7

  1. Best answer

    If the service person files a lawsuit, you will be served with the paperwork. The lawsuit is unlikely to go anywhere unless he can show evidence of a bite and/or of medical treatment. To evict you, your landlord will have to prove that you violated a lease provision.

    You can reach Harkess & Salter LLC at (303) 531-5380 or Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

  2. He can talk to an attorney all he wants but I cant imagine that an attorney would be willing to file anything on this if there is no proof of a bite or any injury. The fact that animal control investigated and took no action speaks strongly in your favor, but your landlord may need a new service person and you may find that the lease will not be renewed once it is done.

  3. You will know if a lawsuit is filed IF you are served with a Summons & Complaint. You could also check the local court index to ascertain if a lawsuit has been filed. Also, if you had renters insurance you should make a claim. You probably are not going to be sued based on the information received from the Animal Control Investigator. Remember, even if sued they would have to prove the facts of their case.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

  4. They may contact a personal injury attorney, but without any physical injuries there will most likely not be a valid personal injury claim.

    *PLEASE READ THIS BEFORE YOU COMMENT, EMAIL OR CONTACT ME. I am only licensed in Washington. Answering this question does not create an attorney-client relationship. This answer does not constitute legal advice.

  5. I suggest you grab a copy of your lease and meet with a landlord/tenant / real estate attorney about the demands that your landlord is making. The service person likely does not have a case for what sounds like a dog phobia, I think it's doubtful that an attorney would represent the service person unless the attorney is getting an hourly fee, and even then. . .

    Good luck.

    This response does not constitute legal advice and does not create an attorney-client relationship. Due to the complexity and ever-changing nature of the law and to the limitations of this forum, this information may not be adequate for your specific situation.

  6. I agree with my colleagues. Without competent evidence, the claim appears to be extremely weak, if not frivolous. You just have to wait and see at this point. Interesting about the landlord being "advised" to ask you to remove the dog or move out. I wonder who gave her that advice.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in a free consultation with Mr. Bryans, call The Bryans Law Office at (303) 832-2930.

  7. There would need to be some evidence to prove a claim.

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