My dog was attacked on condo premises

Started by ChrisO4 • 8 replies • 1823 views

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ChrisO4 (California)
Posts: 4

Posted:

My leashed dog was attacked by a dog who was tethered to an office chair with wheels and left unattended in front of one of the units. The unit is owned by the president of the HOA, though she does not live there. The dog was "visiting." She had two dogs there that day. One was secured in an atrium, so I don't understand why she didn't keep her two dogs together. Though it makes absolutely so sense to tether your dog to a movable object (when there is a window with bars in the same space), is there any liability on the part of the HOA in keeping people and other animals safe from aggressive animals?

JeffR7 (California)
Posts: 251

Posted:

What do you think the HOA is responsible for? What could have they done to prevent the attack? Was there any violation of governing docs that HOA was aware of and didn't enforce?

I think this is an issue between owners. I hope your dog is OK and whatever vet bill you might have is covered by the other owner.

TimB4 (Tennessee)
Posts: 21,047

Posted:

Chris,

I am certainly sorry that your dog was attacked.

As Jeff pointed out, the issue is between you and the Dog's owners. The fact that the owner is the President of the Association is not relevant to the attack any more then if the owner was the CEO of [insert name of company].

The Association has no liability that I see (of course I am not an attorney and I do not work within the legal profession).

If this issue was recent (today) take your dog to the vet to be checked out and present the vet bill to the owner of the dog. If this issue happened a week or so ago it may be harder to show damages.

Tim

ChrisO4 (California)
Posts: 4

Posted:

Thanks for responses. I guess it comes down to whether or not a person accepts responsibility for his/her actions. I'm happy to say after a week in the hospital, my dog survived the eight puncture wounds and severe leg laceration.

JeffR7 (California)
Posts: 251

Posted:

Chris, as a dog owner myself I can certainly understand how it feels to have your dog attacked. Despite what people might say dogs are parts of our families and we care for them just like we do for other people.

You can certainly go after the owner and possible owner's homeowner insurance for all bills and emotional distress. They should own up to what happen and act accodingly. But HOA is really not at fault here. Just like Tim said the fact that the dog's owner is HOA's president doesn't make HOA responsible. The didn't happen when the person was acting in a capacity of a president. Also keep in mind that HOA is a collection of owners - your neighbors. They had nothing to do with what happened and shouldn't have to pay for it.

JP3 (Florida)
Posts: 11

Posted:

There are different laws for different states. Here is a primer on California, which is a strict liability state.

http://dogbitelaw.com/statutory-strict-liability-state/california.html

It is clear that if YOU were bitten, the owner is responsible. It may also be the case that since your dog was injured, and there was NEGLIGENCE involved (tieing the dog to a chair with wheels is stupid), then you may also be able to collect.

In Florida, if there is a BEWARE OF DOG sign posted anywhere in the yard, you would not be able to have a claim. Tennessee has some very well-defined dog laws that do not favor the injured.

In short, if your expenses are less than $3000, or whatever the limit is for small claims court, your best bet is to:

1. Contact the dog's owner and ask them to pay for your expenses. Most smart people will pay up. If they refuse, go to step 2.

2. Sue them in small claims court. You might even get triple damages if they refused to pay originally.

Optionally, you could file a claim against the owner's general liability insurance policy, if you can find out who his insurer is, but I would bet that Small Claims is easier to do.

Glad to know your dog is OK.

JP3 (Florida)
Posts: 11

Posted:

P.S. there are actually lawyers here in Florida, and I am sure also in Cali, that specialize in suits involving animals. They are essentially "pet suit attorneys", and they would be happy to assist you in this if the owner of the dog doesn't do the right thing.

ChrisO4 (California)
Posts: 4

Posted:

Thanks, everyone, for your responses. And thank you JP3 for the information in this post and the previous one. I forgot about lawyers that specialize in suits involving animals.

ChrisO4 (California)
Posts: 4

Posted:

Thanks, everyone, for your responses. And thank you JP3 for the information in this post and the previous one. I forgot about lawyers that specialize in suits involving animals.

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