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ExpertLaw Forum - Help With Your Legal Questions
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how do you know the guy wouldn't be there? Maybe he would have purchased insurance
so, how did the lack of insurance cause or allow the situation with the dog? (answer: it didn't)
That is what you have to connect: an action or inaction by the landlord caused or allowed you to be bitten. Lack of insurance does not do that.
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.
Anyway this thread kind of went on a tangent from my initial question. Which was if I have to submit the claim to my insurance before sending the bill to the dog owner. And on that count it seems like everybody here agrees that I do not have to do that.
Thanks for all the help!!!
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Yes you are right. Also if I go after the LL I will need a lawyer since this is a large apt complex and they probably have someome representing them, which will eat into any settlement I might get.
Seems like the best is to just file with my insurance and then sue the owner directly for my portion of the bill + whatever deductible will get applied. My insurance company can go after him for the rest if they want.
In the interest of public safety I should also inform the landlord about this incident too.
This is a small claims case, and you won't get a lawyer interested in it. Not enough money. I know, I've been through it.
File a small claims case against the dog owner PLUS the LL, and let the judge tell you your theory on the LL stinks. Since the LL probably a large entity, they'll have to send a lawyer or representative to court, and also involve their insurance, a total pain. They may decide for $1,500, they'll settle with you.
What if I have a personal injury lawyer who wants to take this case at no cost to me, he wants to sue for pain and suffering, bills, negligence, future medical expenses, etc... His fees are going to come from the settlement if there is one. If owner has no insurance and landlord is not liable though, can I still sue them myself after lawyer drops the case, because there isnt enough money in it? I've never sued anybody or been sued before myself, so I am totally green as far as that goes.
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