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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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We had a real estate agent that weve since let go because

Customer Question

We had a real estate agent that we've since let go because she was horrible. The issue we now have is that when we looked at a house she brought us to there was a dog in the backyard that she did not know about. When she opened the back door it scared her and she tripped on her sandal and fell backwards. From what we could tell, she may have had a bruised bottom but there was no other noticeable trauma from the fall. She got up fairly quickly and declared that she was going to see a doctor asap and go after the agent and the people who's house we were viewing. She keeps calling it a dog attack but the dog in no way attacked her, it sat and looked at her. She now claim Even though we terminated our business relationship last week, she is still contacting us because she wants us to speak with her lawyer.   She claims that she has a concussion, bruised ribs, and kidney from this. We think she just wants a big pay out and we want no part of it. What are our rights?
Submitted: 7 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 7 years ago.
I would be happy to try to assist you. Please answer a few of my questions so I can more specifically inform you of the relevant laws.

1. Did you officially retain this agent?

2. Was this your home where the attack occurred?

3. Is she considering a suit against you?

4. What state are you located in?


Sincerely,

Dimitry Alexander Kaplun, Esq.
Dimitry K., Esq. and 5 other Legal Specialists are ready to help you
Customer: replied 7 years ago.
1. What do you mean by officially? We signed no paperwork with her.
2. No, it was a home we were looking at to put a possible offer on.
3. Not that we know of, but when she realizes we're not going to be a cooperative witness we think she may.
4. California
Customer: replied 7 years ago.
We don't accept (I think we hit that on accident).
Expert:  Dimitry K., Esq. replied 7 years ago.
My apologies on clicking "accept" answer--that was supposed to be an "information request". Please do NOT accept my response here. If you find my information incomplete please continue asking me questions until satisfied.

----//-----

1. If you never officially retained her as your agent, then you still have a implied agent relationship. The reason I asked is I wanted to find out if you could somehow be responsible for her alleged injuries if she acting in your employ. That does not appear to be case here since there was no agreement, and you did not pay her anything at yet.

2. By the laws of "wild animal" liability, a person who maintains a wild animal is liable for ANY damage incurred by the victim. In other words, if a person tripped while escaping from a wild animal and in the process fractured her leg, then the owner of the animal would be responsible. However, a "wild animal" does not tend to include pets like dogs. If the dog owner will contest the injury, he has a good chance of beating her claim.

3. you have absolutely no liability towards her in this situation. if she attempts to sue you for not assisting her with her case, she may attempt to subpoena your testimony or get your deposition. Feel free to give that information, and feel free to state that the dog made no threatening moves. You see, if there is a deposition document, the whole document is used in court, not just certain sentences--if you think she is faking the case, make sure to comment on that in your responses.

Sincerely, XXXXX Esq.

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