Walking three dogs you can't control even if they are leashed.

Asked over 1 year ago - Irvine, CA

I live in a community that allows two dogs max and no visiting dogs. This woman was walking 3 dogs, two of them over 100 lbs on retractable leashes. Right when she walked past our front door someone was leaving my home and my little dog ran out and barked at the dogs. The woman lost control and one of the dogs grabbed and bit my dog. we needed to take him to the ER which cost us a lot of money because he needed surgery. The woman claims the 2 large dogs were visiting dogs of her bf. I have seen her bf walking them almost every day for as long as she lived here. I think it was at least a part time residence. Since then management has ordered her to remove the unauthorized occupant and dogs from the property or with a three day covenant. He's refusing to help with vet bulls. What can I do?

Attorney answers (7)

  1. Manuel Alzamora Juarez

    Contributor Level 20

    12

    Lawyers agree

    Answered . 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... more
  2. Robert Bruce Kopelson

    Contributor Level 20

    11

    Lawyers agree

    Answered . 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.

  3. Richard Andrew Harting

    Pro

    Contributor Level 18

    11

    Lawyers agree

    Answered . 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.

  4. Daniel Nelson Deasy

    Contributor Level 20

    9

    Lawyers agree

    Answered . 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.

    Good luck.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  5. Matthew C Simon

    Pro

    Contributor Level 18

    9

    Lawyers agree

    Answered . 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-... more
  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Small claims court to recoup the vet bills.

  7. Lars A. Lundeen

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . 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.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    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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