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Hi! I am a California attorney seeking to prepare a demand

Hi! I am a...
Hi! I am a California attorney seeking to prepare a demand letter to the owners of a dog park. My dog frequents a dog park that is open to the public. Recently, a few dog parents said their dogs contracted giardia from the dog park. Giardia is usually water born, but infected feces can transmit the parasite for a month or more. I live in San Diego where there is no water, so feces is the likely culprit.

The day I found out about the infections, my dog became ill with giardia. The owners of the property were allegedly put on notice of the infections. Allegedly, the sprinkler system has been down for many months, and they would neither confirm or deny that they have regular cleaning of the dog park. Every other dog park posts their cleaning schedule. There is no at you own risk sign on the dog park, but those signs usually address dog on dog injury or dog on people injury...not the land itself.

So, I do want to put the owners again on notice of my dog's infection. I am not sure if enough time has passed since the owners were first put on notice for remedial measures to be taken, but that is my main goal. It would be nice if I could get some of my dog's medical bills back under some theory of negligence. Not sure if I have one under California law. That is only a small interest of mine.

I aim to look into the matter and ask a few attorney friends, but I don't want any lawyer friends to be grossed out by my dog.

Any helpful hints for the letter or causes of action would be helpful.
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Answered in 4 hours by:
7/21/2013
Law Educator, Esq.
Category: Personal Injury Law
Satisfied Customers: 121,006
Experience: Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If you were in invitee to the property, which is what you were, you were owed a duty of care to warn you of known risks of harm. Thus, you would need to prove that the owner knew or should have known of the disease and failed to at least provide you a warning or to fix the problem. This would mean they would be liable for all injury to you and damage to your property that their negligence caused, since you are aware your dog is considered only property in CA.



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Customer reply replied 4 years ago

Thanks Paul. What do you think about the argument that even if they did not know of a giardia outbreak, they negligently maintained the dog park (no clean up and no irrigation). This would imply some kind of dog park specific duty, but everyone knows that pet waste can spread disease and infection to dogs and people. Hopefully, they will act swiftly to clean up their act.

Thank you for your response.

You would have to prove a duty on the owner, as you know. The duty of a landowner is to properly maintain their property. So if you can prove the health hazard, which is what you are alleging, then you can show that he failed to keep his property in accordance with the health codes and that is your way to pursue him for violation of his duty of proper care of his property.

A health department complaint and them filing health code violations would likely help your case as well.
Law Educator, Esq.
Category: Personal Injury Law
Satisfied Customers: 121,006
Experience: Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
Verified
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Customer reply replied 4 years ago

Thanks Paul! Take care

Thank you very much.
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Law Educator, Esq.
Law Educator, Esq.
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