Hire an attorney who works in dog bite law to figure out whether or not you have a claim. In Colorado, where I practice, you would have a viable claim.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
WRITE A LETTER TO THE NEIGHBOR ASKING FOR REIMBURSEMENT OF A SET AMOUNT. IF SHE REFUSES TO PAY WITHIN A REASONABLE PERIOD. TAKE HER TO SMALL CLAIMS COURT AND TAKE YOUR RECEIPTS WITH YOU AND GIVE YOUR STATEMENT OF HOW THE EVENTS HAPPENED. TAKE A WITNESS OF YOU HAVE ONE. BEST OF LUCK.
This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.
Take a shot in small claims. You may win and you may not. Your dog was outside and may have been in violation of the leash law if there is one in your area. Not sure she did anything wrong. The complex mayhave a rule about the max dogs but that may not be an actual law in your area. If there is a city ordinance to that effect, then the violation of it could help your case. You would have to prove that the incident wouldnt have occurred if she had only 2 dogs.
Either seek a local personal injury dog bite attorney to advocate on your behalf or "give it a shot" in small claims court. It may not be cost effective to hire an attorney, however; it may be a great cost in time and effort if you do not. Good luck.
The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.
Your recourse is small claims however, you may get some assistance from the HOA. Please note your dog running out of the house is a huge issue. The lady was acting lawfully prior to the incident and your were likely in violation of a leash law.
You could make a claim against the renter's or homeowner's insurance carrier of the dog's owner and/or the dog Walker. Since it appears that your dog was unrestrained and you allowed it to escape from its enclosure to make contact with the other dogs, there may be some element of comparative negligence here on your part. I don't see a 2 dog limit having much bearing on the liability issues here.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
This ans. does not create an attorney/client relationship.
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