Tag Archives: NEGLIGENCE

Do I have to pay the medical bills? Will my dog be put down?

Q: I have a dog. He was at home when my brother had his friend over. The boy went and provoked the dog by taking away his good dish while he was eating. The dog, out of defense for his food, bit him in the side of the face. The people are threatening to put him down and want me to pay 3 large in hospital bills. The wound became infected because it was not treated properly causing them more hospital visit making the bills rise. (Pittsburgh, PA)

A: You may eventually have to pay medical bills, but do not let these idiots bully you into putting your dog down. It should not be a trade-off. It has been a while since I defended a property owner on dog bite case, however my recollection is that they would have to prove this animal had vicious tendencies, you knew it was vicious and it attacked unprovoked. Certainly not the case here. In my case, the dog bit a girl who stuck her head in the closet where the mother dog was nursing new born pups. Find an attorney that will help you-one is out there. I don’t know if you have been cited with a citation under the PA Dog Law, or just threatened with a civil suit. Call Animal Friends, and any other organization who stands up for animal rights. They may be able to refer you to someone. For them to get you to pay 3K in medical bills, it will take a law suit and at least a year. You have some defenses if there is a lawsuit in that the dog was provoked. You might win. You have some time. Also, if you have homeowner’s insurance, report this as soon as possible. There may be coverage for you.

Am I comparatively negligent for having an expired license?

Q: Am I comparatively negligent for having an expired driver’s license? Even if I’m in an accident where the other driver is at fault? Will I be found comparatively negligent for having an expired license? Someone hit my truck but they were hauled away in an ambulance.

A: To my knowledge, having no license or a suspended license or other licensing issues, has nothing to do with liability in an accident case. It can be raised at trial by the opposing counsel in cross examination of you, or admission of your certified driving record at trial

I fell and am wondering if I should sue my landlord

Q: I am having a dispute with my landlords over an accident that I had in the house i rent from them. I fell and broke my shoulder. I fell and broke my shoulder and the landlords deny any responsibility. I had the property inspected by the building inspector for the area that I live in and found out that the landlords do not have a certificate of occupancy for the house and he found a number of problems including the fact there was not a complete handrail for the staircase that I fell from. I have a broken shoulder and strained muscles, ligaments and tendons which has limited motion in my entire arm and has produced many problems in taking care of myself including but not limited to showering, dressing and other personal chores. It has also limited my doing my job at work and I have lost hours of paid work time. What can I do?

A: Just because you fall does not mean the landlord is liable. You have to prove that the landlord was negligent in maintaining his building and some this negligence resulted in your injuries. However, based on what you said, you may have a case. You will get nowhere fast trying to get money from the landlord or insurance company on your own. You have two years from the date of the incident to file. Hire a lawyer to review the case.