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Answers to Personal Injury, Wrongful Death, and Car Accident Questions
Q: A dog in my San Diego apartment building bit me and I needed medical attention. I had previously reported the dog to my landlord and to animal control. The owner of the dog let it run around and it was aggressive. Now that I'm injured, the owner of the dog is not being responsible. Can I sue my landlord or the City of San Diego for my injuries?
A: Under California law, a dog owner is "strictly liable" (meaning they are responsible for injuries caused by their dog, even when they are acting carefully) for any injuries caused by their dog. In your case, then, the dog owner is responsible to pay for your injuries.
But, because he or she is living in an apartment building, they probably do not have much resources to pay for your medical treatment. Usually an insurance company hired by the dog owner will pay for those costs. However, renters typically do not purchase renters insurance.
So, you're stuck in between a rock and a hard place.
You could sue the landlord for your injuries. However, you would need to prove that the landlord not only knew about the dog, but also knew about the dog's dangerous nature and that the landlord did not take any reasonable action to warn/protect you and the other residents.
As for suing the City of San Diego for your injuries, I'm afraid you would not be successful. Even if you could present facts which might form the basis for a lawsuit, the City has numerous immunity (meaning that it can't be sued) protections.
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