Ok, I already posted this question but I left some important things out and when I started to add details, I feel I started to confuse people. On September 9th 2009 I got a knock on my door from some lady stating that her grandson got bit on the hand by my dog and that she was going to call the SPCA on us. She did not tell us how her grandson got bit and we never talked to her after the incident. My dog was not loose so I went to my backyard to investigate how this could of happened. My house is gated all the way around so I dont feel the need to put a "no trespassing" sign up or "beware of dog" sign because no one could just end up in my back yard, they would have to jump my fence, break in, or be invited in to get in my backyard. I did recall however that there was about a 2in gap in between my garage doors where the two doors overlaped(got it fixed after the incident). I figured that the only way that littel kid could of got bit was if he stuck his hand through that gap while he was supposedly under the supervision of his grandmother. My dog(a pitbull) could not of have reached out and grabbed this kid because of the fact that the doors overlap and the gap is way to small for my dog to fit his head or snout through it. The next day, a guy from the SPCA(I forgot to mention that the cops were not involved) came to look at our dog and said that we would have to keep or dog at home for 10 days, as that would be the required quarantine. Other than that, the guy said our dog looked just fine and felt that my dog was not a threat. Everything went just fine with the dog, he was taken off the quarantine and we still own him. We thought this was the end of it but just this friday the 22nd, we got a letter from a law firm stateing that we needed to pay for medical bills and needed to get in contact with them to settel a sum. They are giving us until the end of january to respond. I dont feel that I should be held liabel for the negligence of the grandmother( live in Fresno, CA, just in case some one knows the laws regarding this incident). Oh, almost forgot, I did find something regarding my problem at www.dogbitelaw.com/PAGES/civil.htm, it's the 3342.(a) (please check this out and tell me wether this is applided to me,or tell me what exactly is it stateing as I might have the wrong idea of what it means). It states that I am held liable if the attack happens on my property and the victim is lawfully on my property, again I don't now these people and never had contact with them prior to this incident. Another question I got is, Is the fact that that kid stuck his hand into my garage considerd trespassing? I know that paying for the medical bills is the easiest thing for me to do but you guys know how the economy is in these days. Also I'm not sure if it even was my dog. I have seen another pitbull that looks like mine running around but how do I communicate this to her. I am going to talk to this lady to find out exactly how her grandson got bit. Well sorry for making this to long but I could'nt make it shorter without leaving out details. Any advice on what I should do and how I should approach these people would be greatly appreaciated (I rather get advice first before I consult a lawyer, if I have to). Please look into my question a couple of more times as I would probably add details after I talk to this lady.
Poohcat1
From all appearances, it looks like you had fulfilled your responsibilities of keeping your dog in a place that would be safe from outsiders and what might happen to them. I do not see how the lady has a case if you had not given access to the property either by permission or by having an open space that would allow someone to walk in. Do contact an attorney though. Only he or she can advise you of your legal responsibilities and rights.
scott b
You have no PROOF or evidence that the boy stuck his hand on your property. That is a supposition. Suppositions don't work in Court. The bottom line is that your dog was in a position to bite a boy. YOUR dog was placed where he was able to bite someone, and YOU are going to have to pay for it. Regardless of the circumstance. And, technically, even if he DID stick his hand through the fence, if there is a vicious dog in there (and don't say that he isn't, as he bit someone. So he clearly is), it is YOUR responsibility to close the gap in the fence so that no one can get near the dog.
Rob
Contact the lawyers and tell them that your dog did not bite the kid and insist on details how the lady claims it happened. Go from there. If they tell you that your dog was running around outside then it obviously wasn't your dog. If they say the kid stuck his hand through the fence than claim trespassing or animal cruelty by taunting your dog. You may actually have to follow through with pressing charges on the kid for trespassing or animal cruelty though. Looks to me like they are either telling the truth or trying to scam you out of cash.
Cameron B
the lawyer is required to take a statement from the person stating the reason for the lawsuit. either find out from that how the accident happened or you can get a lawyer to actually begin disputing this. either way as long as your dog was on your property and the kid stuck his hand in or actually came onto your property or whatever it is his responsibility to gain permission to come onto your property, otherwise it is trespassing and the grandparent could actually be liable for negligence, depending on the age of the kid, for the lack of supervision. having said that. in the end it will probably be cheaper to pay the medical bills, but if they decide to sue for other damages later that would look like an admission of guilt. many lawyers wont charge you simply to talk to them and explain to your case until they actually begin doing work for you(depending on the lawyer you talk to, i would ask them before anything is done what you will and will not be charged for)
Nickname
Believe it or not the "beware of dog" sign is needed to put you on the safe. I know it sounds crazy but if someone jumps the fence (For Whatever Reason) and is bitten by a dog he/she wasn't warned about then you are liable.
Basically the law requires you to make a public statement of any "possible danger."
Gray Wanderer
Tell them that you need to see a copy of the victim statement before you can arrange any meeting to discuss the matter. That is your Constitutional right, under the 6th Amendment
Flower
Since the kid was not lawfully on your property and he was trespassing and your dog was not running around loose, I dont think you are liable. Regarding the lawyer's letter, wait until they take you to court and let the judge decide what the law is in this case. I dont think you are responsible for the kid's medical bill. You should bring evidence to court but they are the ones who have to prove their case as the plaintiff. Dont let a lawyers letter scare you into paying for something you are not responsible for. I would not speak to her if I were you since she did not try to resolve the problem with you before getting a lawyer. Just get your evidence together before going to court, but don't get a lawyer since you dont need one in small claims. If the amount they are asking is under $ 5K in California or maybe even $ 7K it will be small claims case.
Orignal From: NEED ADVICE! A kid got bit by my dog but I don't think I should be held liable!?
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