Any Law Students On Here?

[fizzgig]

I need advice. A quick question.

[Zerodynamic]

well, I am an aspiring law student.... shoot.

[fizzgig]

In Sept. my 2 dogs and I were attacked by a Rottweiler. I have medical bills for myself and my dogs. My one dog had her leg torn off. So you can imagine...the bills are extensive. So the district magistrate awarded me restitution for my bills. Great right? Wrong. He is allowing the defendants to make small monthly payments for the restitution and the other fines that they incurred as a result of this incident. As a result or this, it will take them over 16 months to pay me restitution. My problem? Hell, I had to pay the costs right up front so I'm paying interest on all of this. Defendant is renting their home. Can I sue the landlord's insurance in civil court to get said restitution more efficiently? I'm not looking for compensation, I just don't see why an innocent victim should be punished by having to pay interest. Sorry... not such a quick question after all.

[Zerodynamic]

In Sept. my 2 dogs and I were attacked by a Rottweiler. I have medical bills for myself and my dogs. My one dog had her leg torn off. So you can imagine...the bills are extensive. So the district magistrate awarded me restitution for my bills. Great right? Wrong. He is allowing the defendants to make small monthly payments for the restitution and the other fines that they incurred as a result of this incident. As a result or this, it will take them over 16 months to pay me restitution. My problem? Hell, I had to pay the costs right up front so I'm paying interest on all of this. Defendant is renting their home. Can I sue the landlord's insurance in civil court to get said restitution more efficiently? I'm not looking for compensation, I just don't see why an innocent victim should be punished by having to pay interest. Sorry... not such a quick question after all.

As I understand it.. the landlord only needs property insurance. You can only sue the landlords insurance if:

The accident occured on the property
The property condition resulted in the accident.. (this means you slip and fall on ice, damage from a poorly mantained house, etc.)

Basically, since it was the tenants dog (regardless if the landlord owns the area), the landlord is basically untouchable... since the landlord doesn't own the dog nor doesn't claim responsibility.

To solve your issue, you should go back to the judge and file an appeal. Explain nicely that you are still losing money on the case. Bring your bills, and show the end result after 16 months, just how much interest that is going to be. By law, he technically doesn't have to grant your interest case b/c its costs incurred after the fact, but if you prove that its causing you hard ship (I am assuming you put this on a Credit Card, right?) and could possibly damage your "impeccible credit history" then should have no reason but to grant it.

I hope that helps. Edited January 4, 2007 by Zerodynamic

[ghostofdavid]

I understand that you are out money and that is horrible, but why would you sue the landlord for something that was obviously the tenants fault? Am I missing something or just thinking too logically?

Also and more importantly, I am very sorry to hear about your dog... how is it now? What kind of a dog is it and is it managing well now? Did they reattach the leg? Poor poochie.

Also, have you thought about carrying CCW style in the future? I think you made a comment in another thread about being a firearms enthusiast. I know things are vastly different in Indiana than what they are in in PA, but if we see dogs attacking and have a clear shot, we are legally allowed to to protect life and limb.

[fizzgig]

I was under the understanding that the landlords insurance would cover this because the landlord CHOSE to allow pets in his rental property. I have spoken to the police about shooting the dog in self defense but he said it was unclear whether or not a judge would determine that my life was in danger. I personally am not apt to shoot a dog anyway, as I still have no fear of them. I just fear for the safety of my dogs. I carry mace now to protect us and have already had to use it twice! My dogs are doing well, tho thanks for asking, my baby had to have the limb amputated and so now has learned to get around on 3 legs. Oh yeah and ghost all of my dogs are mutts as I adopt rescue dogs. I suppose I'll have to consult a lawyer on this, I dunno. Zero, thanks for the advice. Hmm. It happened on the landlords property and as a result of a poorly maintained house. The dog jumped out of a window with a broken screen to attack us.

[bradfordr]

You had to use the Mace TWICE already??

[Zerodynamic]

I was under the understanding that the landlords insurance would cover this because the landlord CHOSE to allow pets in his rental property.

Well, out here in California.. i'm not sure it works that way... Lets say you are at a business.. like an outdoor cafe or something... You sit down and have your coffee with your dog. Perfectly usual scenario, right? Another customer has the same idea and brings his dog along. He sit down with his dog the next table over and the dog attacks you.

Now, technically since the property owner (the cafe) allowed the pets on the property while you were sipping your coffee... does that make the owner liable? Nope. Think of it as having a kid... until that kid is 18, you are responsible. If you are renting property and have a mischeifious child, and your child does something illegal/harmful/destructive on the property causing injury or damage... its not the property owner that is liable, you are b/c you are the childs guardian. Same goes for pets, you are the pets guardian.. therefore you are responsible for any wrong doing the pet does.

As I said in my last post, the landlord and/or the property insurance is only liable if the accident was caused by a defect/undermaintained/not up to code issue ON the property. Perhaps in Pennsylania its different, so it would be best to consult a lawyer in your state.