It depends upon where the dog was located. If the dog was in your own backyard and did not show vicious propensities under California law you may not have liability. If in a public area then probably. Your defense essentially would be based upon compartive negligence. You need to turn the claim over to your insurance company who will provide you with a defense.
If you don't have insurance then you will need to consult legal counsel you cannot ignore a complaint. Your default could be taken and judgement entered against you.
You need an attorney or your insurance company involved sooner than later.
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I think the mailman will have a difficult time. If served report to your carrier [home owners or renter]
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Please turn your case to your insurance company. Do not worry a bit. You will not lose your assets. Your insurance will defend you. 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.Ask a similar question
The reason you carry homeowners insurance is just for this reason. It doesn't sound like a very strong case, but let your homeowners defend and deal with it.Ask a similar question
Just report it to your renters or homeowners insurance and let them sort it out. The mailman sounds like an idiot.Ask a similar question
Hopefully you have homeowners insurance to protect you against any potential claim. The ultimate outcome will depend on the facts and what each of you can prove.
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Report it to your carrier. That's what insurance is for. What follows is based on New York law, but I think these principles are fairly universal. Assuming there is no viscous propensity, as I read this, the mailman first encroached upon your dog's territory putting the dog in a defensive posture and then the mailman attacked the dog with two canisters of pepper spray. The dog did what an attacked animal will do--it fought back. By my reckoning, the dog was justified in counter attacking. If your account is accurate (some of your facts are inferred or assumed) your mailman will have a hard time making out a case.
I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer are not legal advice. These opinions are based on New York practice. We have no attorney-client relationship. conducting a conversation with me through the avvo comments section does not create an attorney-client relationship. I may be contacted at 212-553-9300.Ask a similar question
This does not seem like much of a claim if it is ever filed. If you have homeowners or renters insurance any claim should be covered. Again, this mailman may never bring a claim and while it is a good idea to notify your insurance carrier of the incident, sometimes these companies will not renew your policy unless you get rid of the dog.
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Turn it over to your insurance carrier.
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in 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. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.Ask a similar question
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