Son's dog was attacked and I need some legal advice please!! (long post)

#16
File A Police Report. I don't know how local ordinances and misdemeanor laws work in your neck of the woods, but fines and restitution occur in mine.

If nothing else, this report may help if you have to go to small claims court.
 
#17
I'm sorry, I missed that the guy is from out of state. Even more of a reason to get that police report. It will have the most accurate information if you, a lawyer or the courts, need to contact him.
 
#20
Charles said:
So if she files charges, she'd have to go to his state?? That sucks!
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That's not necessarily true. She has two options: (1) file charges in the jurisdiction that the offense took place; or (2) file charges in the other guy's state.

Option 2 would only benefit her if she fails to file charges before the time limit for option 1, and option 2's time limit has not run out.
 
#21
cutiepie21 said:
That's not necessarily true. She has two options: (1) file charges in the jurisdiction that the offense took place; or (2) file charges in the other guy's state.

Option 2 would only benefit her if she fails to file charges before the time limit for option 1, and option 2's time limit has not run out.
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I was pretty sure that I needed to file in the jurisdiction where the offense took place (which would be Anaheim).

I know that I will need to do some footwork in order to file, but I believe that I can also recover some of the mileage that I may incur (right?).

My biggest concern is that this jerk is from another state. Even if I file a small claim, he doesn't show up and I win by default, how do I collect?

I guess first things first. Anyone have any idea about filing with my homeowners insurance and letting them go after him. It's a pretty small claim and I wonder if they would even pursue him and whether or not this will affect my rates.

I just don't think that this jerk should get away scott free without helping with the bill?

Hypothetical: if I file in small claims for the full amount of the vet bill and the guy doesn't show up, will the judge grant me the judgement automatically? Maybe it will depend on the judge?
 
#22
Miu, do you have a personal atty? If so, give him/her a call and see what they can tell you. Perhaps they can refer to an atty that lives in the area where you were at the time of the attack and they could offer some guidance as well, via phone or email. This couldn't cost you anything and you'd at least know where you stand.

Best of luck to little Cujo!
 
#23
Grace123 said:
Miu, do you have a personal atty? If so, give him/her a call and see what they can tell you. Perhaps they can refer to an atty that lives in the area where you were at the time of the attack and they could offer some guidance as well, via phone or email. This couldn't cost you anything and you'd at least know where you stand.

Best of luck to little Cujo!
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My SIL's boyfriend is a very prominent atty in our town. It's such a small claim that I really didn't want to bother him about it, but maybe you are right. Can't hurt to just ask him some advice.
 
#24
miu2 said:
I was pretty sure that I needed to file in the jurisdiction where the offense took place (which would be Anaheim).

I know that I will need to do some footwork in order to file, but I believe that I can also recover some of the mileage that I may incur (right?).

My biggest concern is that this jerk is from another state. Even if I file a small claim, he doesn't show up and I win by default, how do I collect?

I guess first things first. Anyone have any idea about filing with my homeowners insurance and letting them go after him. It's a pretty small claim and I wonder if they would even pursue him and whether or not this will affect my rates.

I just don't think that this jerk should get away scott free without helping with the bill?

Hypothetical: if I file in small claims for the full amount of the vet bill and the guy doesn't show up, will the judge grant me the judgement automatically? Maybe it will depend on the judge?
Click to expand...

My understanding is, if he doesn't show up, you win by default. He will also get a warrant out for his arrest for not showing in court when he's supposed to.

I'd definitely consult an attorney because if you file charges in the incorrect jurisdiction, the judge will throw it out and you may not be able to file again.
 
#25
miu2 said:
Here are my questions:
1. should I pursue him through small claims and if so, is it a hard thing to do considering that he is from another state?
You can go through small claims for damages and it will be where the event occurred. I am not sure if he can try to move it to his state. Generally, in civil court (not small claims) a defendant can move the venue depending on circumstance. Small Claims is set up to be very "user friendly" and hence why many attorneys are not familiar w/ it- it operates a bit differently than normal courts. Also, each state's small claims court has its own rules. If you want to pursue this, when you file w/ the clerk at small claims, as if the defendant can move the venue.

2. should I instead file with my homeowners insurance and let them go after him?

I dont know about the extent of the homeowners coverage. Can you speak to your agent? I am sorry I cant be of more help.

3. even though the event was free, my only purpose for booking rooms at the Anaheim Hilton was in order to attend the event. Can I sue him for the one night's room charges since I had to stay with Cujo and miss the event?


This is actually the most interesting to me, and I think where you have the most "bite" so to speak. Generally, a hotel owes a heightened standard of care to its guests. In you case, the hotel was pet friendly? So it was on notice of dogs on its premise and allowed it. By doing so, I am sure they have had some regulation regarding pets on its property, and there probably were similar incidents before. You need to do more research but if there were similar incidents on their property then they should have been more diligent in regulating how dogs should be walked on its premise (leash, etc.) The reason why I said "heightened" is b/c the tort law of negligence varies by state. If you really want to pursue this, you should speak to an attorney in that state and ask for his/her advice. The attorney can easily draft a letter to the hotel in your behalf.

4. shouldn't anyone walking a dog in an area where other dogs are present be expected to be able to control their dog at all times. Considering that this 12/13 year old girl had 2 dogs, should she have been allowed to walk them by herself?

Was this dog owned by the girl or the parent? Generally, parents are NOT liable for the torts of their children. I think it gets tricky b/c it was the girl walking the dog..not the dad.If you pursue this, you are going to name the dad, right? I find potential problem in that b/c it technically wasnt the dad's error. If you can find out that the dog has bitten/attacked before, then you have a MUCH stronger case against the dad.
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I never studied CA law so I am just letting you know my own general opinion, please dont rely on it as legal advice. You have to weigh the pros and cons (time, energy, effort, money) of pursuing this the legal route vs. eating the cost. I know what happened to your dog and your son was very unfair...but you need to think it over and see how far you want to take this.

I actually think you have a good shot if 1) the dog has bitten / attacked before and I also think you have a good shot at the hotel. But, you really need to speak w/ a local atty and ask him/her to advise you. Tort law varies state by state.
 
#26
miu2 said:
I was pretty sure that I needed to file in the jurisdiction where the offense took place (which would be Anaheim).

I know that I will need to do some footwork in order to file, but I believe that I can also recover some of the mileage that I may incur (right?).

Honestly, this really depends on the state's law. But generally, yes.

My biggest concern is that this jerk is from another state. Even if I file a small claim, he doesn't show up and I win by default, how do I collect?

Many ways. if you have a judgment, you can hire an attorney to go into HIS state's court, convert, get an order of attachment, have the sheriff levy it and garnish his wages. that is just 1 way of what an attorney can do for you..there are many options he/she can use to help you collect. I wouldn't worry about collecting from him if you have a judgment rendered against him. You should only worry if the guy is insolvent.

I guess first things first. Anyone have any idea about filing with my homeowners insurance and letting them go after him. It's a pretty small claim and I wonder if they would even pursue him and whether or not this will affect my rates.

I dont know..I hope someone w/ knowledge in insurance can help you.

I just don't think that this jerk should get away scott free without helping with the bill? I know..I feel very sorry for you, your son and Cujo.

Hypothetical: if I file in small claims for the full amount of the vet bill and the guy doesn't show up, will the judge grant me the judgement automatically? Maybe it will depend on the judge?
Click to expand...

generally in civil cases, court renders a default against the non showing party.
 
#28
WOW MIU2... holy crap, poor little fella! OMG.

I have ZERO advice, but here's the Hilton's guidelines as to pets...

These terms and conditions apply to domesticated pets and do not apply to Service Animals as that term is defined by the Americans with Disabilities Act and applicable state law. Service Animals are welcome at the hotels. Offer subject to availability at participating hotels. To book a room with your pet, you must call the hotel directly or 1-800-HILTONS and specifically mention you want to bring your pet. Rooms with pet may not be booked without specific pet reservations and may not be booked online. Only domesticated dogs or cats that weigh 75 lbs. or less are permitted to stay in the hotel. Domesticated dogs over 75 lbs. may be permitted to stay in the hotel at the hotel's sole discretion and must be discussed with the hotel's general manager prior to making a reservation. No more than two pets permitted in the room. A non-refundable fee of $75 or less (as determined by the hotel) will be charged to the guest's credit card. Additional fees may apply if the pet causes any damage or if the guest takes the pet bed, bowl and/or placemat. Guest must bring a leash or pet carrier. Pet must be restrained on a leash or in a pet carrier when outside the guest room. Pet must be caged or on a leash and guest must be present while the room is serviced by anyone. Guest must notify the front desk when pet is unattended in the room. Guest must hang the "Pet in Room" door hanger outside the room for the duration of the stay. Guest must properly remove litter associated with their pet. Pets are not permitted in hotel restaurants, other hotel food/beverage areas or any area designated by the hotel. Guest agrees to pay the hotel any charges for any necessary cleaning/repair due to pet damage or for taking the pet bed, bowl and/or placemat, as determined in hotel's sole discretion. Guest is responsible for noise the pet creates and will ensure that the pet does not disrupt the quiet enjoyment of other hotel guests. Should the hotel determine in its sole discretion that the pet is objectionable to other hotel guests, guest must immediately make other arrangements to house the pet outside the hotel. Check with the hotel directly for any additional requirements. For example, some hotels may require presentation of vaccination documents at check-in or some hotels may prohibit leaving the pet unattended in the room. Guest must sign a waiver regarding, among other things, assumption of responsibility for any damage caused by the pet. The hotel may exclude pet if in the hotel's sole discretion the pet is considered dangerous or likely to frighten, harm or disrupt hotel guests.
http://hilton.com/en/hi/promotions/hi_pets_terms/index.jhtml

If I were going to pursue court action, I'd likely be going back to this Hilton and demanding a copy of this waiver signed by this guest whereby he "assumes responsibility for damage caused by the pet".

I'd also change Cujo's name to "Sweetpea" before I hauled him into the courtroom. ;) Bless his heart, hope he's better soon!!
 
#30
Thanks, Miss Alice...

I am thinking one of two scenarios... if Hilton does NOT have this waiver signed, then Hilton may get to bear some responsibility. If guest signed, then maybe such signed waiver will add burden of responsibility to this guest.

Miu2... if I could get a copy of this waiver signed by this guest, I might have your atty friend send this "guest" a copy of the signed waiver, copy of vet bills, and a certified DEMAND letter as to "the guest's assumption of responsibility or we will see you in court.. in CA" That MIGHT be enough to get his attention.
 
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