Kinsey Law Offices 
Complaint Re Dog Bite
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    (Name, Address Of Party or attorney)
    ____________
    ____________
    ____________
    State Bar No: ______
    (____) _____ - ________
    Attorney for _______ (Or "In Pro Per")

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF ________

 

[PLAINTIFF(S) NAMES]
Plaintiffs,

 

v.

 

 
[DEFENDANT(S) NAMES]
Defendants
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CASE NO: _______
 
COMPLAINT FOR
NEGLIGENCE

Plaintiff complains and for causes of action alleges as follows:

 

PRELIMINARY ALLEGATIONS

 

<>. Defendant__, ___ is__, and at all times herein mentioned was__, a resident__ of the City of ___, County of __, State of California.

<>. Defendant__, ___, is__, and at all times herein mentioned, was__ a Corporation organized and existing under the laws of the State of California with principle offices located at ___, in the City of ___, County of ___.

<>. Plaintiff__ is__ ignorant of the true names and capacities of defendants sued herein as DOES I through X, inclusive, and therefore sues__ these defendants by such fictitious names. Plaintiff__ will amend this complaint to allege their true names and capacities when ascertained.

<>. Plaintiff__ is__ informed and believes__ and thereon alleges__ that, at all times herein mentioned, each of the defendants sued herein was the agent and employee of each of the remaining defendants and was at all times acting within the purpose and scope of such agency and employment.

 

FIRST CAUSE OF ACTION

(Strict Liability Against ___)

<>. Plaintiff__ incorporate__ in this Cause of Action Paragraphs ___ through ___ herein the same as though fully set out in this Cause of Action at length.

<>. At all times herein mentioned defendant__ was__, and still is__ the owner of a certain ____[breed] dot, which caused the injuries and damage hereinafter complained of. This dog had a vicious nature, disposition, and propensity, which was known or should have been known by defendant.

<>. On or about ___, 19___, at about ___ _.M., the dog was ___[location]. The dog was not under any form of restraint or control of a competent person. The area is traveled by pedestrians and business people. At this time and place, plaintiff proceeded to ____ was suddenly and with no warning viciously attacked by the dog. The dog ___ and severely bit the Plaintiff about the ____.

<>. As a proximate result of the actions of defendant's dog, plaintiff sustained the following injuries, all to his damage in the sum of $_________.

<>. As a further proximate result of the actions of defendant's dog, plaintiff was required to and did employ physicians and surgeons to examine, treat, and care for ___ and incurred additional medical expenses for hospital bills and other incidental medical expenses in the approximate amount of $_______ to date.

<>. Plaintiff is informed and believes, and on such information and belief alleges, that ___ will incur some additional medical expenses, the exact amount of which is unknown. Plaintiff will ask leave of court to amend ___ complaint to insert the correct amount of such medical expenses when the same has been ascertained.

<>. As a further proximate result of the actions of defendant's dog, plaintiff has suffered a loss of income and earnings, and ___ earning ability is, and will remain, impaired and diminished by reason thereof, and ___ will continue to suffer a further loss of earnings and income for an indefinite period of time, and plaintiff prays leave to amend this complaint and insert the true amounts when the same shall be ascertained.

 

SECOND CAUSE OF ACTION

(Negligence Against ___)

<>. Plaintiff__ incorporate__ in this Cause of Action Paragraphs ___ through ___ herein the same as though fully set out in this Cause of Action at length.

<>. Defendant__ negligently failed to have the dog under restraint or to take any other precautions to prevent the dog from attacking plaintiff or other persons. Defendant was also negligent in that ___ failed to post a sign or take other measures to warn of the presence of a vicious dog.

WHEREFORE, plaintiff prays judgment as follows:

1. For general damages in the sum of $_____.

2. For medical and incidental expenses according to proof.

3. For damages for loss of income and earnings and impairment of earning ability according to proof.

4. For costs of suit herein incurred.

5. For such other and further relief as the court may deem proper.

:

 DATED: _______________  __________________________________________
   (Signature)

 

VERIFICATION

 

 

I, ___, am a ___in the above-entitled action. I have read the foregoing ___and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe it to be true.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at Long Beach, California.

 

 

DATED: _________________ ___________________________________

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