Is my apartment complex liable if my dog was let out by a maintenance man but was hit by a car and had his leg was badly broken?

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Is my apartment complex liable if my dog was let out by a maintenance man but was hit by a car and had his leg was badly broken?

This will now affect him the rest of his life unless he has a costly surgery. I was at work when this all happened.

Asked on June 12, 2015 under Real Estate Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Negligence is the failure to exercise due care (that degree of care that a reasonable landlord   would have exercised under the same or similar circumstances to prevent foreseeable harm).

Your landlord is liable for the negligence of his/her employee (maintenance man) which occurred during the course and scope of employment.  Therefore, your landlord is liable for the injury to your dog and the medical bills.

Prior to filing a lawsuit for negligence against the landlord, it may be possible to settle the case with the landlord's insurance carrier.  Although the medical treatment would have to occur prior to settlement of the case, it would be advisable to speak with the landlord and landlord's insurance company prior to surgery to see if the insurance company will cover the cost of the surgery.


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