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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38910
Experience:  Retired (mostly)
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My Husband was working at a machanic shop,at the end of the

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My Husband was working at a machanic shop,at the end of the day he was putting out dog food for the security watch dog. The dog was on a chain, she did lunge at my husband. he feel backwards and landed on his ankle. He fractured the fibula bone in 2 places. He underwent surgery,has a couple of screws and a plate in his ankle. We have quite a few medical bills that his insurance did not cover. He inquired to the property owner if he does have homeowners insurance . The property said he did not have any thing insured. Would we have any legal rights to help with the remaining medical bills? Thank you, XXXXX XXXXX [email protected]
Submitted: 6 years ago.
Category: California Employment Law
Expert:  socrateaser replied 6 years ago.

If the dog is owned by your husband's employer (I'm assuming the mechanic shop), then the injury is covered workers compensation and you would have no recourse for further recovery.

If the dog is owned by the property owner, then the owner is strictly/automatically liable for injuries caused by the dog, and your husband would have damages for pain and suffering, medical costs (whether or not covered by a health care plan), lost wages, and for loss of enjoyment of life (hedonistic damages). See Civil Code 3342; Delfino v. Sloan, 25 Cal. Rptr. 2d 265 (Cal. App. 1st Dist. 1993)

Hope this helps.

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