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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: 5 years ago.
Category: Legal
Expert:  Sam replied 5 years ago.

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



Sam, are you there?


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?

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.


the spearation at the time was about 6 months


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"

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

I see

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

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

Sam : Yes. That is correct

I understand


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.

got it


can they consider pain and suffering?

Sam : Yes, there can be pain and suffering.

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.


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

you have been most informative


I have all that I need

Sam : You're welcome. Good luck

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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