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Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 11739
Experience:  19 Years of Legal Practice Experience in this precise field.
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I was watching a pitbull at my residence and the pittbull got

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I was watching a pitbull at my residence and the pittbull got in a fight with an australian shephard, now the owner of the pittbull wants to sue me for liability?
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

Can you please provide me with more details about this incident?

What is your specific legal question for me?
Customer: replied 1 year ago.

well the owner of the pittbull is suing me for negligence, and he wants the me to pay for his vet bill as well he is trying to get me to pay the sitting fee that he already gave me when he picked up his pittbull. I want to know if I am liable?

Expert:  Alex J. Esq. replied 1 year ago.
Dear Lizbeth,

Thank you for your follow up.

What is the amount you are being sued for?

How did the pitbull get into a fight with a shepherd and who owns this dog?
Customer: replied 1 year ago.

I own the austrailian shephard that is my dog I was petsitting for him. He has brought his dog to me twice. on the second time his dog was here his dog attacked my dog two days before the owners came home. when this gentleman came over to pick his dog up he told me his dog had been in two other fights previously before he even brought his dog to me. so he neglected to tell me his dog was dog aggressive. I have written notes from my clients and my dogs groomer that I am a responsible individual and my groomer vouches that my dog is not dog aggressive.


 


He wants me to pay 315 dollars the 200 for his pet sitting fee and the 115 for his vet bills


 


I already paid 322 dollars for my dogs vet bill and still have to go for a recall to make sure my dog has no internal injuries from when my dog was slammed on the by his dog.



his 200 dollar pet sitting fee doesn't even cover the vet bill. before i continue communicating with him i would like to get legal council.

Expert:  Alex J. Esq. replied 1 year ago.
Dear Lizbeth,

Thank you for your follow up.

Unfortunately, if you are seeking legal counsel, you would have to contact your local attorney, as I am only able to provide you with general answer to your legal question and not any type of legal advice, counsel or legal service.

Do you understand, agree and want me to continue providing you with a general answer to your legal question?

Thanks.
Customer: replied 1 year ago.

ok well from what Information i have given you in your opinion and legal advice do you believe i am liable for his pet fees.

Expert:  Alex J. Esq. replied 1 year ago.
Dear Lizbeth,

You are stating to me that you are looking for legal advice / opinion which I am not allowed to provide, so I will opt-out at no charge to you and will open your question to other legal professionals.
Expert:  Alexia Esq. replied 1 year ago.
Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing law for 19+ years and look forward to assisting you.

Would you like me to explain some of the legal theories that may be implicated in dog bite cases so you can consider them with regard to your dog bite situation? Your prior professional is correct in that we can not provide you legal advice - we can not be your attorney (and only your attorney can give you legal advice) - however, we can provide you with generaly legal information pertaining to dog bite liabilities. Let me know!

Sincerely,
Alexia Esq.
Customer: replied 1 year ago.

yes please let me know about any dog bite liabilities

Expert:  Alexia Esq. replied 1 year ago.
Hi again,

I was watching a pitbull at my residence and the pittbull got in a fight with an australian shephard, now the owner of the pittbull wants to sue me for liability?


I own the austrailian shephard that is my dog I was petsitting for him. OK, so it sounds like you agreed to care for his dog, in a reasonable way. You indicate nothing to suggest that you breached that promise, or that you were negligent.

 

He has brought his dog to me twice. on the second time his dog was here his dog attacked my dog two days before the owners came home. So his dog did the attacking, it was not your dog that attacked. You could very well have a valid claim against him for YOUR vet bills. Virginia enjoys a one free bite rule, but in this case, the owner apparently already had his one free bite, since his dog has attacked before.

 

when this gentleman came over to pick his dog up he told me his dog had been in two other fights previously before he even brought his dog to me. so he neglected to tell me his dog was dog aggressive. Yes, that would arguably have been negligent on his part - he prevented you from the informed consent of what you were caring for AND the ability to make appropriate decisions. (I suspect he didn't tell you because he thought you'd refuse to babysit the dog.)

 

I have written notes from my clients and my dogs groomer that I am a responsible individual and my groomer vouches that my dog is not dog aggressive.Excellent, and there is presumably no documentation of any prior attacks (nor was this one an attack by your dog).


 

He wants me to pay 315 dollars the 200 for his pet sitting fee and the 115 for his vet bills. I do not see a legal theory under which, on these facts, he could win should he sue you. First, under contract theory, he agreed to pay you $200 for petsitting. You did the petsitting as promised. He has to pay the $200. Yes, he can try to argue that you didn't provide competent petsitting, ergo the dog fight, but under the facts you have described, and if it is proper in the dogsitting industry to have 2 dogs not known (by the petsitter) to be aggressive to other dogs to be allowed to be near each other - then he will not be able to prove you were negligent. Your dogsitting always entails your dog's presence, and no constant kenneling of a dog if it is not described to be violent. He did not divulge his dogs violence, so you could not have known about it, particularly when he'd been nonviolent the other time. I see no negligence here that he can prove on your part. He, on the other hand, could be seen as negligent because he knew or should have known that he SHOULD have advised you of his dog's history of attack/biting.


I already paid 322 dollars for my dogs vet bill and still have to go for a recall to make sure my dog has no internal injuries from when my dog was slammed on the by his dog. Have you considered making a demand on him for this cost? If nothing else, it may make him think twice about suing you - because if he did, you would presumably counterclaim for your damages, in addition to denying liablity for his damages. He would likely not only lose his case, but have to opay you $322 plus.



his 200 dollar pet sitting fee doesn't even cover the vet bill. before i continue communicating with him i would like to get legal council. Legal counsel may cost you more than your vet bills, but certainly read up on VA's dog liability laws. See here specifically: DANGEROUS URL REMOVED?000+cod+3.2-6540


You will also want to see if your munipality or county has any local dog laws.


Now, remember, he may be trying to go after you for you dog bite responsibilties, but since his dog attacked your dog, AND his dog has a history, it would appear that he would have some difficulty proving you were negligent in the handling of your dog, thereby causing the bite. However, he can also try to go under the theory of breach of contract - that you were negligent in your bailment or dogsitting duties. However, again, you will point out that based on what he hired you for and what information he provided (and as importantly, what he knowingly concealed, which was very dangerous), you did your job perfectly - it is he who caused the fight, in reality.

Good luck. Get your evidence of your stated facts together, and you likely have a good case.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 11739
Experience: 19 Years of Legal Practice Experience in this precise field.
Alexia Esq. and 6 other Legal Specialists are ready to help you

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