Consumer Protection Law

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I NEED TO SUE MY NEIGHBOR'S HOUSE INSURANCE FOR HER SONS DOG…

Customer Question
I NEED TO SUE...

I NEED TO SUE MY NEIGHBOR'S HOUSE INSURANCE FOR HER SONS DOG THAT GOT OUT OF HER HOUSE, CAME DOWN TO MY YARD AND ATTACKED AND KILLED ONE OF MY DOGS AND DON'T WANT TO GO THRU MY HOUSE INSURANCE

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

CALIF

Lawyer's Assistant: Has anything been filed or reported?

YES I FILED A COMPLAINT WITH MY CITY'S ANIMAL CONTROL BUT THEY DIDN'T EVEN QUARANTINE THE DOG AND WHEN I STATED THE DOG HAS ALSO BEEN DOWN ATTACKING MY GATE TO GET TO THE DOGS REFUSED TO CHECK IT OUT.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

YES AFTER I GAVE THEM THE BILL FOR THE VET THEY HAVE CALLED THE POLICE, FIRE DEPT AND ANIMAL CONTROL ON ME. I HAVE 2 MORE DOGS THAN ALLOWED WHICH IS FUNNY BECAUSE THEY THEMSELVES ARE OVER LIMIT ON DOGS. BUT ANIMAL CONTROL SAYS I'VE HAD MORE NEIGHBORS COMPLAIN WHICH IS ONLY BECAUSE AFTER I GAVE THEM THE VET BILL THEY WENT AROUND TO OTHER HOUSES ON THE STREET THEY ARE FRIENDS WITH AND GOT THEM TO SIGN A COMPLAINT SHEET.

Submitted: 8 months ago.Category: Consumer Protection Law
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Answered in 13 minutes by:
11/16/2017
Consumer Protection Lawyer: Loren, Lawyer replied 8 months ago
Loren
Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 38,821
Experience: 30 years experience in general legal matters.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

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Consumer Protection Lawyer: Loren, Lawyer replied 8 months ago

I am so sorry for your loss.

Actually, you would not sue their insurance company. You would sue the neighbor for their negligence in allowing the dog to get out and their failure to control the animal.

Their insurance company would have a duty to defend them and pay any award or settlement within the policy limits, assuming the dog was a covered peril in the policy, but the insurance provider is not a named party in your claim.

If the claim does not exceed $10,000 you can sue them in small claims court. Small claims court is designed to be a "user friendly", simplified process, so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Consumer Protection Lawyer: Loren, Lawyer replied 8 months ago

Did you have further questions? Have I answered your question?

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Consumer Protection Lawyer: Loren, Lawyer replied 8 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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