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    Default Re: Daughter Bitten by a Dog

    Quote Quoting andresrr
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    My question involves an injury that occurred in the state of: California

    About two weeks ago, my 9-year-old daughter was bitten in the face by a neighbors dog. We took my daughter to the emergency room immediately and she received stitches on a a 1 and 1/2 inch gash. In this case, my two kids and three others were playing outside on bikes and scooters. The dog, which we recently learned does not live there, gets out pretty much when he wants. The dog was out, when my daughter approached it (she loves dogs) at or near the yard of the home (un-gated front yard). At that point the dog bit her.

    Anyhow, I would think we have a case. As it were, the dogs owner (and the homeowner) left town the day of the incident. They apparently left the dog in the yard in care of their next door neighbor. They got back yesterday and we spoke about the incident at my home.
    California is a strict liability state. So, yes, you do have a case.

    You can read up on California's dog bite law at:

    http://dogbitelaw.com/statutory-stri...a-dog-bite-law

    From a liability standpoint you have three possibilities: the owner, the neighbor at whose house the dog was, and the other neighbor who was supposedly taking care of the dog. Any or all of them could have all or part of the liability.

    Quote Quoting andresrr
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    I realize that one course of action could have been to hire an attorney immediately to handle the matter. And we are upset, no doubt. But at the same time, we decided to approach this as neighbors.
    Whether or not you get a lawyer there is nothing neighborly about this. When you accuse people of negligence and demand money from them (that's what you are doing, so don't sugarcoat it) they become your enemies and will treat you as an enemy.

    The proper way to do this is to put all three on written notice of your child's injuries, their negligence, and that you will be looking to them to pay damages as soon as those damages can be quantified.

    Those letters should elicit responses from insurance companies that will represent their policyholders and either defend their policyholders or enter settlement negotiations with you.

    Quote Quoting andresrr
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    At this point, the question we are asking ourselves is whether we want to try to handle this ourselves or whether we should bring in the attorney now.
    Up to you and depends on a lot of factors which include but might not be limited to the cost of medical treatment, the extent of any facial scarring, length of recovery, emotional trauma to the child.

    If you'd like to reveal medical costs to date and explain the other factors mentioned I may be able to provide helpful comments.

    Quote Quoting andresrr
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    In our conversation with the neighbor,
    Which should be followed up in writing to the neighbor, the owner, and the other neighbor.

    Quote Quoting andresrr
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    In our conversation with the neighbor, which was cordial, they indicated they would file a claim with their insurance. But the first question I have is, which insurance would cover the incident. Their's (they live 600 miles away) or the homeowner where it occurred (the mother of the owner)?
    Could be either, could be both. You'll find out when one or more insurance companies respond.

    Quote Quoting andresrr
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    Another question, if we decide to pursue ourselves is, how medical costs are done. We have insurance, and these types of things are often covered. But does the neighbor's home insurance company get my health benefits, which we pay for out of our pockets? Or should they pay the costs period?
    What generally happens is that you don't get any money from anybody until the claim is ready for final settlement, which could be months away since you want to make sure that your child is completely recovered and monitor the scarring for a few months to see if that clears up or not.

    Meantime, your own medical insurance covers it and your medical insurance company is likely to require reimbursement out of any settlement that you get on behalf of your child.

    Quote Quoting andresrr
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    But I am wondering if it is time to just bring in the professionals at this point?
    Two weeks with no contact from any insurance company? I strongly suggest you get those letters out. Then, if you still don't get contacted by anybody's insurance you can decide whether to sue in small claims court if the $10,000 limit takes care of it or hire an attorney if you think the case is worth more than that.

    You can get small claims information at:

    http://www.courts.ca.gov/selfhelp-smallclaims.htm

    Let me know if you have any more questions.

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