Is my apartment complex liable if my dog was let out by a maintenance man but was hit by a car and had his leg was badly broken?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is my apartment complex liable if my dog was let out by a maintenance man but was hit by a car and had his leg was badly broken?

This will now affect him the rest of his life unless he has a costly surgery. I was at work when this all happened.

Asked on June 12, 2015 under Real Estate Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Negligence is the failure to exercise due care (that degree of care that a reasonable landlord   would have exercised under the same or similar circumstances to prevent foreseeable harm).

Your landlord is liable for the negligence of his/her employee (maintenance man) which occurred during the course and scope of employment.  Therefore, your landlord is liable for the injury to your dog and the medical bills.

Prior to filing a lawsuit for negligence against the landlord, it may be possible to settle the case with the landlord's insurance carrier.  Although the medical treatment would have to occur prior to settlement of the case, it would be advisable to speak with the landlord and landlord's insurance company prior to surgery to see if the insurance company will cover the cost of the surgery.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption