Dog Bite

[losangeleslawyers]

Jurisdiction

California

My dog (golden retriever) was attacked by two dogs (doberman) while I was walking him on a leash. Both the dobermans were on leash as well but got away. Do I need to file a claim before I ask the owner of the dobermans the amount I paid for the vet? I mean I'd have to pay for it for now and just ask for the bill if we can settle it.

 

[Highwayman]

File a claim with whom? Or what?

Why wouldn't you think about trying to get your bills reimbursed from the other party before going to the time and expense of a legal action?

 

[adjusterjack]

You wrote this more clearly on another site:

Had two dogs (one boxer and one pit bull) attack our dog (golden retriever) while we were out walking. We had our dog on a leash. The attacking dogs where on a leash but got away from the owner. The attacking dogs have had one prior account of attacking other dogs and one prior of failure to have the dogs licensed. Who pays my $800 vet bill?

And I responded:

You do.

Your dog, your bill.

Now, if your real question is whether the owner of the other dogs could be held liable to reimburse you, well, you ignored the question about your state but most states would put the liability on the dog owner given the circumstances you describe.

I don't imaging that an irresponsible dog owner like that will pay you voluntarily (though you can ask) so you will likely have to sue him in small claims court.

Now that I know you are in CA, here's a summary of CA dog liability:

California Dog Bite Law

 

[Michael Wechsler]

Of note, @Highwayman is right when he states essentially that there is no reason to file a claim without a dispute. The courts are usually not amused when a party decides to use the court system needlessly when they could settle the matter between themselves. There are courts which may require you to make a formal demand before filing a case in court.