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70 lb dog attacks my 12lb russell. owner of big dog, says that she will take care of the bills. i go to pay my rent and find out she is one of the property managers and now refuses to pay the bill. , saying i am partly responsible. her dog broke the lease to get to my dog. i had to pay approx 1200. 00 plus inerrest since i had to put it on my credit card. Can i hold the Apartment complex were she is employed a responsible party S/C court? because she refuses to pay any more than the 50.00 one time pymt ,after agreeing to 100.00 dollars a month until paid when the attack accurred.
State/Country relating to Question: Florida Already Tried: being reasonable, but at this point she figures she does not owe anything since my dog is ok,she said since my daughter was walking the dog , talking on the phone and pushing a stroller w/ a 6month old baby in it. she is partlly in blame. her dog when nuts saw my dog the owner had to literally lay on top of her dog so my daughter could escape.
You can't hold the apartment complex responsible because she was not acting in her capacity as an employee when her dog broke the leash and attacked your dog, nor when she agreed to take care of the bills. So you are going to have to escalate things a bit. Send her a demand letter (certified, return receipt requested) demanding that she pay on the original agreement, either $100 a month, or you will have to sue her for the full amount. Give her 30 days to comply. If she still doesn't comply, then file a suit against her. With this amount you can file in Small Claims court, meaning that you won't have to retain an attorney but can prosecute the matter yourself. If you get a judgment, then you can file it against her own property, but not against the apartment complex. She was not acting in her managerial capacity, but rather individually, so you can only sue her individually. I hope this helps. Good luck to you!
Attorney
Licensed Texas General Practice Attorney