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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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If I was in a relationship in which we had two children but

Resolved Question:

If I was in a relationship in which we had two children but were never married, and then we were separated. My spouse took our dog to a dog park and the dog bit a person. Since I was not there am I in any way liable?
Submitted: 4 years ago.
Category: Legal
Expert:  Sam replied 4 years ago.

Sam : Hi
Sam : What state is this, please?
Customer:

california

Customer:

Sam, are you there?

Customer:

Since we were never married I should have said significant other took the dog out to a dog park

Sam : Yes. I am here
Sam : How long was the separation? Who bought the dog? Are there any documents that have your name on them regarding the dog?
Customer:

the dog was licensed in my name, but when we split he kept the dog. We both bought the dog but there is no documentation showing that.

Customer:

the spearation at the time was about 6 months

Customer:

so the license and vet papers have my name

Sam : I see
Sam : Unfortunately, if the papers are in your name, then you are going to have some responsibilty in this matter
Sam : It would be the same as if you had a "dog walker"
Customer:

even if the dog was not under my control and I was not there? and if so what is my liability?

Sam : Unless you can show some release or waiver where you have relinquished your ownership, you will be responsible.
Sam : Your liability can be 1/2 of whatever the damages are
Sam : That is not to say that he is off the hook
Sam : He is also responsible
Customer:

I see

Sam : He had the dog and should have been more careful.
Sam : And they can claim negligence.
Customer:

and are damages usually limited in some way to medical expenses?

Sam : Yes. That is correct
Customer:

I understand

Customer:

can the award also include pain and suffering?

Sam : Now, once that is settled, you can bring a lawsuit against him to try to show that you would never have allowed it to happen and that he is totally at fauly
Sam : and sue him for the money.
Customer:

got it

Customer:

can they consider pain and suffering?

Sam : Yes, there can be pain and suffering.
Customer:

finally, am I required to accept service and give depositioon?

Sam : If you are being sued, and someone is trying to serve you, it would be best to accept the service.
Customer:

thanks

Sam : Now, if only you are being sued, then when you give a deposition, you can certainly bring up all the information that he had the dog
Customer:

you have been most informative

Customer:

I have all that I need

Sam : You're welcome. Good luck
Customer:

I appreciate the assistance

Sam : If you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you
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