My dog was next to me in my driveway and approached another dog who was off a leash and across the street. A fight occurred and my dog killed the other dog.
Unfortunately dogs are considered property, so you would have to pay the value of the dog. You were negligent per se for not having your dog under your control. I'm not sure what if any negligence is a result of the other dog being off the leash.
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Because you were not in control of your dog. Had your dog been a leash perhaps you could have kept him away from the other dog. As Ms. Peters has stated, the dog was your property and your responsibility to control. Had the other dog killed yours that person would have been responsible for your damages.
California has a strict liability statute for dogs. See Civil Code 3342. You are responsible even if you are not a fault.
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