Friday, December 9, 2011

Can you sue your landlord of a mobilehome park for the dog attack of his manager in Small Claims Court?

According to California, the Animal Ordinance reads: No person owning, possessing, harboring, or controlling any animal shall allow such animal to be at large (not on a leash).





The manager has had her dogs off a leash numerous times and for months. One of dogs growled and scratched my leg while the manager was at a distance and, of course, the dog was not on a leash. I was not aware that dog stratches are considered dog attacks.





Furthermore, the park rules states that only 1 dog is permitted and it must be on a short leash at all times. There is a California Mobilehome Residency Law that states the owner of the park, and any person employed by the park is subject to all park rules and regulations to the same extent as residents and their guests. Therefore, the landlord %26amp; manager have violated two laws, and I wish to take this to court.





Please! Only serious answers!|||You can sue the manager, not the landlord, unless you think you can prove that having his dogs scratch tenants was part of the managers job duties. An employer is not liable for the illegal acts of his employees UNLESS the employer was acting in the scope of his duties when he did that.





A more important question, though, is "What are you going to sue FOR?". You can sue to recover your financial damages. Do you have provable medical bills or other expenses? Lost wages? I don't see how scratches are going to provide you with a cause of action.





You can report the violation of the leash law to animal control. That's about it.





Richard

No comments:

Post a Comment