Can we sue condo association if we get hurt by a pitbull dog?
The association has rejected our petition and will not ban or order muzzles for several pit bull dogs in our community. One of the dog has already caused $1,500 injury to a small dog. The association claims we would need to sue pitbull owner, not them. Aside from the dog owner, wouldn't it be the condo management's responsibility due to their negligence?
Thanks Legal
2007-07-18 05:58:02 · 6 answers · asked by Rob 1 in Politics & Government ➔ Law & Ethics
Nope. If it's ok with Animal control and zoning, they are in compliance with the law, and that is what is required of them. YOur issue is with animal control and your local laws not your CCR's
2007-07-18 06:01:41 · answer #1 · answered by wizjp 7 · 0⤊ 1⤋
Warning ... lawyers are like pit bulls ... what they bite are your bank accounts. Often it is best to find a solution that keeps these dogs out of your finances.
If in your community it is legal for people to own pitbulls, then you cannot sue landlord for permitting a tenant to own one.
If you can prove a pitbull did some damage, then you can sue the owner of the pitbull for the damage or risk it poses. Getting a lawyer can be expensive, like thousands of dollars, who is to be paid out of the settlement ... so if your situation is that the pitbull did $ 2,000 damage and it will cost you $ 5,000 for the attorney, you are worse off than when you started.
However, sometimes a lawyer will take a case where there are several plaintiff complainers, who can share the costs of the lawyer.
It may be easier and cheaper, than lawsuit, to go to the civil authorities and seek an order to have the pitbull removed from the owner who obviously lacks the know how or willingness to keep the pttbull under control. This approach will put a stop to the damage.
At this point, the city or county is paying the lawyer expenses to deal with the pitbull menace, so you get the problem solved. You just don't get recovery for the expenses incurred before you got the local governmenet on the case.
There is also small claims court, where you can seek adjudication without a lawyer. You still need to have good evidence to substantiate your claims, so as to avoid he said she said.
2007-07-18 06:10:29 · answer #2 · answered by Anonymous · 0⤊ 2⤋
It is the responsibility of the dog owner, not the condo association.
The only potential exception is if the association has a rule regarding the dogs that it is not enforcing. Then you may be able to sue them to force them to use the rule or change it. However, you would probably not be able to get financial compensation from the association even in this case. You have to go after the dog owner.
2007-07-18 06:05:25 · answer #3 · answered by Michael C 7 · 2⤊ 1⤋
I would say that the dog owner - not the association - is responsible.
Basically, if you don't like their policy on dogs that is currently in place, then you have the right to move. They do what is good for the association, and though there are some pit bulls that are bad, their temperment is totally dependant upon their training and upbringing. So to ban ALL pit bulls due to the actions of the one you have encountered is like saying that ALL African-American men should be placed in prison due to the actions of the small percentage that commit violent crimes.
2007-07-18 06:09:06 · answer #4 · answered by volleyballchick (cowards block) 7 · 2⤊ 1⤋
The condo wasn't negligent. The dog owner was.
2007-07-18 06:03:31 · answer #5 · answered by Atavacron 5 · 1⤊ 1⤋
there trying to stay out of it...but the right way is to sue both, them and the dog owner.........these assoc. make up there own rules, most of them make no sence. there not doing anything about a prior incident.
Sue their@ss.......
2007-07-18 06:16:42 · answer #6 · answered by DennistheMenace 7 · 0⤊ 3⤋