02x01 - Dog Gone Wild

[bunniefuu]

The dog ended up
biting me on my left arm.

[snarling and barking]

[woman] I'm so sorry!

-Did you have a leash?
-No, but before then...

I don't care what happened before then.

Before then, I was 21 years old,
and I looked great in a bikini.

[narrator]
This is Judy Justice.

♪♪

Derrick Kuan is suing
dog walker Danielle Lancaster

for damages resulting from a dog attack.

[bailiff]
Court come to order. All rise.

[Judy]
Have a seat, please.

[bailiff] Case number 2002,
Kuan versus Lancaster.

Mr. Kuan, succinctly, your case
involves... attack of a dog

that was being walked by Miss Lancaster.

[Judy] She was dog walker...
she didn't own the dog.

-Correct.
-[Judy] Dog got away from her,

and according to you, attacked you,

attacked your dog,
and you want to be compensated

-to the tune of $10,000.
-Correct.

-You were neither hospitalized, correct?
-I was not hospitalized.

You were neither hospitalized
and your dog was not hospitalized.

Correct.

[Judy] I assume that you have some
medical evidence

as a result of this incident

to show me that
you suffered from a dog bite?

-Yes.
-Okay.

And the dog bite was from the dog
that was being walked by Miss Lancaster.

"Walked" is...
I'm not sure if I would use the term...

[Judy] She's a dog walker.

-Yes, but it was off leash.
-She's a dog walker.

-She's not the owner of the dog.
-Correct.

The incident happened
at what date and time?

December 22nd, 2021,
at approximately 1:30 p.m.

[Judy] And you were walking your dog,
which is what breed?

-A 20-pound wiener dog mix.
-And you were a dog walker.

How long had you been
in charge of walking this dog?

Um, at that point, it was about a week.

[Judy]
What kind of dog was it?

Um, I believe it was a boxer mix.
Not 100% sure.

-How old?
-Two, three years old, give or take.

Who are the owners of the dog?

The owners?
I can't remember their name.

One of, uh, Mike, but I don't
remember their last names, but...

-Do you remember the owner's names?
-Yes.

And it would be fair to say that

you knew their names
because you tried to sue them?

I contacted them, yes,
but did not sue them.

And you contacted them
because they're the owners of the dog

-and they have a house.
-Mm-hmm.

-[Judy] "Uh-huh" is not an answer.
-Yes.

And a house usually has
homeowners' insurance?

-Correct.
-[Judy] Correct?

And after contacting them...
and it's their dog,

so they are ultimately
responsible for their dog...

you opted not to seek compensation

for your alleged injuries and this attack,
but to sue the dog walker.

Correct.

Just for my own information, Mr. Kuan,

do you want to tell me why you did that?

Yeah. So, per California
strict liability law,

the... anybody who takes
physical ownership

or responsibility for a dog
is also responsible for any sort of

attacks or damages it causes
while they are, uh,

responsible for that dog.

-Regardless of...
-[Judy] Okay, just a second.

So, what you're saying is,
in the state of California,

if you are walking a dog...

and she says she was walking
this dog for a week.

How many times a day? Every day?

Uh, two times a day.

[Judy] Twice a day,
and she had this job for a week,

that under all circumstances,
she is responsible

for any injury that the dog does.

-Is that what you're saying?
-Correct.

-And what code is that?
-I have a statute over here.

-Just tell me the statute.
-For California dog bite law.

I don't have the number,
but I can bring it up to the...

-[Judy] Would you bring it up?
-...the court.

It's California Civil Code 3342.

You have... do you have it?

I could pull it up. I have my notes here.

Could you do...
could you pull it up for me?

And I'll come back to you
in a second, Sarah.

I'm just curious about it.

Okay. Now let's tell me
about the incident, sir.

Sure. So, at the time that I,
uh, described earlier,

I was walking
my 20-pound wiener dog mix

while my mother walked, um, my infant son,

who was three months
at the time, in a store.

-I don't care.
-Okay.

I mean, it's not that I don't care about
him and I don't care about your mother,

but they have
nothing to do with this case.

Well, they do have something
to do with this case

because when we turned onto the block,

I turned and I saw an off-leash dog

roughly three times the size of mine,

and I saw the defendant, Miss Lancaster.

She gave no warning
that the dog was off leash.

And at that point,
I later learned that the dog...

-[Judy] No, don't tell me...
Just tell me what happened, sir.

-Okay.
-You saw Miss Lancaster,

and she was walking this dog off leash.

-Correct.
-And?

-[Derrick] She gave no indication.
-[Judy] No, no, not that...

-She gave you no indication,
-Okay.

She was walking this dog off leash.

-Correct.
-[Judy] So, you saw the dog off leash.

-Yes.
-[Judy] Okay.

-And...
-And about how far were you from her

when you saw the dog off leash?

Across the street.
So, roughly 40 feet.

-Okay. And?
-The dog charged across the street.

-Okay, the dog ran across the street.
-[Derrick] Yes.

And started aggressively biting,
uh, lunging and barking at my dog.

Okay. So, at that point,
the dog is... ran across the street

and is in an aggressive stance,
barking at your dog.

-Correct.
-[Judy] Hadn't touched your dog.

-[Derrick] Correct.
-[Judy] What happened next?

It then diverted its attention
towards my infant son in a stroller

and my mother
and started jumping on the stroller.

Did the dog,
in fact, jump on the stroller?

-Yes.
-And?

And my response
was to try to divert the attention.

[Judy]
No. What did you do?

-The dog jumped on the stroller?
-[Derrick] Yes.

Didn't hurt your son,
didn't hurt your mother.

Yes. So, I got
the attention of the dog again.

-[Judy] How did you do that?
-By picking up my dog, who was on-leash.

Well, that doesn't
necessarily get attention of the dog.

You say "Hey! Hey! Hey!"

-[Derrick] Correct.
-Yeah, no.

-A lot happened in the moment...
-Well, you didn't say that.

-You just picked up your dog.
-[Derrick] Yes.

-Okay.
-[Derrick] Yes. Probably exclaimed...

-[Judy] No, no, no, no, no. I...I...
-in order to get the attention...

-...of the dog.
-[Judy] You told me what you did.

You picked up your dog and...?

And started running across the street.

Started running? Just a second.

Started running across the street

in the direction of where
the dog had come from?

Correct.

And at that time, the dog
was on the other side of the street.

-[Derrick] Yes.
-[Judy] So, let me understand this.

You pick up your dog.

Your mother is standing
behind you in the stroller with your son.

You leave your mother,
your son, on one side of the street,

and you grab your wiener dog mix
and run across the street.

Correct. This was after I got
the attention of the dog, by the way.

Okay, so now
you got the attention of the dog.

-Yes.
-Ran across the street

so you were trying to
divert the dog's attention...

-[Derrick] Yes.
-...and the dog followed you.

-Yes, it chased me.
-[Judy] Good.

-And you were running in her direction?
-[Derrick] No.

The... Miss Lancaster had
crossed the street at that point

to where we were originally walking.

She was on your side of the street.

You were going back
to where you had initially seen her.

-Correct.
-[Judy] Okay.

So, she had followed
her dog across the street.

-[Derrick] Yes.
-[Judy] Was she saying anything?

We made repeated pleas to ask for her...

-[Judy] No, no, no.
-to control the...

She ran across the street
because all this happened within seconds.

-[Derrick] Yes.
-She ran across the street.

Was she saying anything to the dog?

She was yelling, "I'm so sorry"
and "I can't do anything."

[Judy] Okay.
Is that what you were yelling?

Um, I think I was yelling,
"I'm so sorry.

"I don't know what to do" 'cause
I was in an extreme state of panic.

-I was probably having a panic attack.
-[Judy] Okay. "I'm so sorry.

-I don't know what to do."
-Yeah. [laughs]

Okay. And?

And after I ran across the street,

when the dog chased me, I fell down.

The dog ended up biting me on my left arm.

Okay. And I'd like to see
whatever medical report you have

from the bite on your left arm.

-So, the doctor said that...
-No, don't tell me what the doctor said.

-I have... I have... I have a picture.
-Could I see? May I see...

-Absolutely.
-a medical rep...

-Did you understand my words?
-Oh.

I said, "May I see a medical report
from the doctor?"

-I do not have a medical report.
-So, you didn't go to the doctor.

-I didn't...
-[Judy] The question is,

did you go to the doctor, Mr. Kuan?

-I did a virtual doctor's visit.
-Just a second.

Because this was
during the height of the pandemic.

And what was the name of the doctor
with whom you had a virtual visit?

I do not remember.

You should remember.
You're suing for $10,000.

You should have all that information.

'Cause if you have
a virtual medical visit, Mr. Kuan,

there is a record of that.

Doctor keeps a record of that.
Do you understand?

Correct.

[Judy] Okay, so now you're down,

and this happened, according to you,

on December... 22nd.

-Did you get the dog's information?
-I did.

-[Judy] On December 22nd?
-Yes.

When did you speak
to the owners of the dog?

I spoke to the owners,
actually, that day,

because I wanted to get the, uh,
rabies vaccination paperwork.

[Judy] Did you get
the rabies vaccination paperwork?

-Yes.
-[Judy] On the 22nd?

-[Derrick] Yes.
-[Judy] Now I'll see your photograph, sir.

I have that statute whenever you're ready.

I got... timing is everything.

Okay, so the knee injury
is when you fell.

-Correct.
-And the arm...

is a combination scratch
and maybe toothmark.

Yes. There are toothmarks on there,
but not punctures.

I don't know.
This long thing is not a toothmark.

So, just one other question, Mr. Kuan.

When you told the owners
about this on the 22nd,

when was the next time you contacted them?

First, you wanted to find out whether
or not the dog had received rabies shots.

You were satisfied that it did,

that you didn't have to see a doctor
other than a virtual visit

with a doctor whose name
you don't remember.

When did you decide not to sue
the owners of the dog,

who are homeowners,
who have homeowners' insurance?

Yep. I wrote the owners of the dog
a demand letter,

and that is when I contacted them back,

probably about two months
after the incident.

-Okay, so you wrote them a demand letter?
-Correct.

And did they respond
to your demand letter?

-Yes.
-Do you have copies of those letters?

Yes, I do.

I'd like to see copies of your letter
and their response.

[Derrick]
That's the demand letter that I...

I just want to see copies
of your letter and their response.

Are they both here?

They did... They responded
by calling me on the phone,

-not with a formal written statement.
-Oh.

Really?

Through a series of conversations,

I decided that my grievance
was not towards them

because they were not exhibiting
negligence in this situation.

Oh, no, I don't believe that, Mr. Kuan.

Be very careful about
what you say to me, sir.

♪♪

[narrator] Derrick Kuan claims
dog walker Danielle Lancaster

owes for injuries
resulting from a dog attack.

Okay, well, you say the dog's a pit bull.
The dog was a pit bull?

-I believe so.
-[Judy] The dog a pit bull?

Um, I asked after the incident.

I did ask as well if it was a pit bull.

They said, no, it's a boxer mix.

Do you have a video of the incident?

You have a video.
Somebody has a video.

-Correct.
-Someone's Ring camera.

Okay. I'm going to allow you
to tell me what the owner said

in the conversation
that they had with you.

I'm not accepting it
for the truth of the statement,

only that you
had a conversation with them,

which is why you brought this
action against Mr. Lancaster today.

[Derrick] Correct.

So, they decided,
"We're not going to put this in writing,

we're going to call Mr. Kuan."

-[Derrick] Correct.
-And what did they tell you?

They were very
amicable about the situation

and were trying to solve the situation
to make me whole.

-"Being amicable" is subjective.
-[Derrick] Mm-hmm.

I want you to tell me what you
said to them and what they said to you.

What they said to me
was that they would look into

their homeowners' insurance policy
in order to compensate me.

Through a series of conversations,
I decided that my grievance

was not towards them
because they were not

exhibiting negligence in this situation.

Oh, no, I don't believe that, Mr. Kuan.

Be very careful about
what you say to me, sir.

As between homeowners
who have insurance

and this young woman
who has to walk dogs for a living,

if I was somebody interested
in $17,000, I wouldn't sue her.

I would sue somebody who had...

Kathy Bates said
in one of my favorite movies,

"I'm older and I have more insurance."

[chuckling]

So, that answer that you just gave
me was a whole lot of "who shot John."

The reason you decided not to proceed
against the dog's owners is what?

The reason why I proceeded
not to go against the dog's owners

is because I have a... um,

because some things
are more important than money.

And in this situation, I have
more of an issue with the dog walker

and her behavior during this situation

rather than being compensated.

Well, let me
suggest this to you, Mr. Kuan.

There is no question that if
Miss Lancaster was walking this dog

and the dog was off leash,
she was negligent.

There's also no question in my mind

that the extent
of your damages is excessive,

very excessive, so...

-But we're only counting physical damage.
-[Judy] Just a second.

What I'm telling you is the amount
of your damages is excessive.

And if you wanted anywhere
near that money,

you could have sued both people.

You could have sued
the owner of the dog,

as not only did they have the dog
that attacked you,

but they have...
as Kathy Bates would say, insurance.

And you would join the defendant
as a party to that action.

You would say you're all responsible.

You own the dog,
which you say was a pit bull.

Uh, what would you say was a pit bull,

who just mauled and k*lled
somebody in New York last week.

An owner. You didn't do that.

So, I'm not getting all of this Kumbaya
business that the person responsible...

-Do you understand?
-Yeah, totally, I understand.

I'm just not buying it, Mr. Kuan.
We understand each other?

-Yes, absolutely.
-Okay, for somebody who has no medic...

You had injuries,
and you have to be compensated.

You had no good excuse
for walking the dog off leash.

I wasn't walking him off leash.
Um, the hou...

When I was in the house... happened...

I had a key on the other side of the door.

When I reached for that key,

he scooted as hard as I could
between my legs and got out.

It wasn't that I was walking him

and just decided
to take him off the leash.

Well, you were negligent
in letting the dog out?

[Danielle]
Unfortunately, yeah.

-Yeah.
-[Danielle] Yes.

But the dog had also been
out for an hour

-at the time of the incident.
-[Danielle] Yes.

Yeah, because
when I was trying to get him back in,

um, but many attempts, um,
he was very hard to get in,

and at that point,
I was already having a panic attack.

-Very emotional.
-[Judy] No, no, no, no, no.

-No, no, no.
-[Danielle] Okay.

Now, Miss Lancaster,
let's get it together.

-Mm-hmm.
-[Judy] Let's get it together.

Mr. Kuan says that the dog
was out for a period of time,

and you weren't chasing the dog
when he first saw you,

-you were in a walking mode.
-I was...

So, the dog may have initially gotten out.

Ms. Lanca... Don't.
You know, I'm an ecumenical ab*ser.

Were you out with the dog
for a period of time?

-Yes.
-Did you have a leash in your hand?

-Um, I think...
-"Um" is... "Um" is not an answer.

Did you have a leash in your hand?

-No.
-How long were you out with the dog?

-Probably around an hour at that point.
-Okay.

I was trying to get him back in,
and twice I did have him by the collar.

And he did what... he wasn't having it.

[Judy] You didn't have him by the
collar when he ran across the street?

-No, but before then, I did...
-I don't care what happened before then.

-Okay.
-Before then, I was 21 years old,

and I looked great in a bikini,
now not so much.

[chuckling]

All right. Mr. Kuan, this letter
was written to Miss Lancaster.

-Correct.
-I asked you for the letter...

that you wrote
to the owners of the dog.

I do not have that with me right now.

[Judy] Could we key up this video
that I understand we have?

-[dog barking]
-[Danielle] I'm so sorry!

I'm so sorry.

[barking continues]

[Derrick cries out]

[Danielle]
I'm so sorry.

I'm so sorry.

I'm so sorry.

[Derrick] You can see
my mother and infant son...

[Judy tuts]

I am so sorry.

[Derrick]
Call the person that he bit me.

[Danielle] I know, I will,
'cause he bit me too. I know...

[Derrick]
Just grab him by the neck.

[Danielle] I can't. Uh, he's bit me
twice on my hand already.

I don't know what to do.

It's been an hour...

I seriously don't know what to do.

He bit me twice already...

and I tried to get him on the leash,
and he bit me twice.

I don't know what to do.

-[Danielle] See the leash?
-I'm so sorry.

I am so sorry.

Can I see the beginning of that

and see if you can
freeze-frame on the dog, please?

By the way,
you do have a leash in your hand.

[Danielle] Yeah, I just realized
I do have the leash, actually.

[Judy] I'm going to walk
over to the monitor.

[indistinct]

So, although the statute
uses the word "owner,"

there's vicarious liability
if someone else

assumed responsibility of the dog.

Even though the statute is clear,
it only lists the word "owner."

But in California, they could be
held liable through vicarious liability.

-A walker.
-A walker.

That assumed responsibility
for the animal.

[Judy] Okay.

He neither suffered
serious physical injury...

certainly not serious enough
for him not to go to work for a week.

Unless you model Bermuda shorts.

You don't model Bermuda shorts,
do you, Mr. Kuan?

-Just in my spare time.
-[Judy] Of course not.

♪♪

[narrator] Derrick Kuan says
dog walker Danielle Lancaster

owes for damages
after he was attacked

by the dog Danielle was walking.

Okay, so, Miss Lancaster,
it does appear to me that you were

sort of overwhelmed by this dog.

Yes. Very much so.

But bottom line is that
Mr. Kuan was injured and frightened.

Not seriously injured,
but seriously enough that if it were me,

I would be furious
as a result of your negligence.

And he neither
suffered serious physical injury...

certainly not serious enough
for him not to go to work for a week.

I don't know what kind of work you do,
but not serious enough,

unless you... I don't know,
unless you model Bermuda shorts.

You don't model Bermuda shorts,
do you, Mr. Kuan?

-Just in my spare time.
-Of course not.

And you had no medical bills
because you didn't see a doctor,

but you were attacked,
and I actually don't know why

you didn't sue the owners of this dog,

which looks scarcely like
any boxer I've ever seen.

And it is possible in California
that certain dogs are not insurable.

I don't know the answer to that question.

It will not insure you
in a homeowner's policy

if you have a certain kind of dog.

-Are you familiar with that, sir?
-Yes.

What are you familiar with?
You're very familiar with statutes.

So, what is the law in California
with regard to insurance?

Can you be denied insurance
or have to pay an excess premium

if you have a dog that is
either a pit bull or a pit bull mix?

-I believe so.
-[Judy] You believe so.

And would it be a fair statement,
sir, that their homeowners'

either covered their dog or didn't?

They were looking into it,
and they had renters' insurance

that I believe, um, covered it.

That you believe covered it.

Oh, very foolish of you
not to go against them. Okay.

If you accept responsibility for a dog,

you're supposed to be smart enough

to look at a dog and say, you know what,

why would you ask
what kind of dog this is?

Now, you let the dog out,
and the dog was out with you for an hour.

Yes. Yeah.

[Judy] And during that time, you were
walking around the neighborhood,

and you had sufficient opportunity.

Well, you were walking
around the neighborhood.

-I wouldn't say walking. I was...
-[Judy] What were you doing?

[Danielle]
...clearly trying to get the dog back in.

And twice I did have him by the collar,
and that's what I said in the video.

I had him by the collar.

And then both times, he turned to...

to nip at me on...on my wrist,

so which is why I let go,
because I didn't want to get bit.

You didn't want to get bit.
I know, you said it.

-So, I was trying to...
-It went to bite you twice.

have him follow me,
which is what the owners told me to do.

-I had treats in my hand.
-[Judy] So, you called the owners.

-Yes, I did call the...
-You said to... you called the owners,

and you told the owners what was going on.

Yes, I did. They knew what was going on.

[Judy]
I would have sued the owners.

Mr. Kuan, I would have
absolutely sued the owners,

unless they didn't have
insurance that covered the dog,

which is a problem for them
if they had renters' insurance.

In any event, Miss Lancaster,
you assumed responsibility of this dog,

and based upon your own negligence,

your negligence...
forget about the dog's breed.

Forget about th-these other people.

As a result of your negligence,
he was injured,

and you have to compensate him for that.

Judgment for the plaintiff
in the amount of $5,000.

-We're finished.
-[bailiff] Court is adjourned.

I don't think he even got bit.

The doctor said that most
of my injuries were emotional,

but I did receive a bite
from the dog onto my arm,

but not a puncture wound.

I think he just, you know,
wanted some extra cash from me,

because that was probably
an easier target.

Even though I didn't have
any physical injuries,

who knows how long
my night terrors will last for?

I was literally
having the whole panic attack,

which is why, you know,
I had the reaction I did.

Yeah, I totally understand that.
But the dog was off leash for an hour.

She could have called the police
or animal control during that time.

Don't open the door
even in the slightest to a dog.

Just wait till, you know,
they're away and gone.

Mostly my M.O. is getting back at
those that I have grievances against.

Let's not even get started
with dog breed...

-[chuckles]
-because I think the world knows

-where I live in that street.
-Mm-hmm.

And ten days ago,
a woman who was watching

a pit bull for one of her children...


her husband came home from work

and found the dog
eating her in the backyard.

Sadly, she died.

And there are certain breeds
that are more dangerous than others.

People have to recognize that.

And if you choose to get a dog that is
potentially more dangerous, Sarah...

[laughs] you know,

and I know that there are
pit bull lovers out there

that say, "Mine is the sweetest,
mine is the loveliest,"

but then you have to accept
responsibility if there's an issue.

And clearly this dog was an issue
because I believe this young woman.

-[Sarah] Mm-hmm.
-Didn't you believe her?

I believed her.
And I think that dog walkers

should also be cautious of what animals
they're choosing to walk,

because she could be
held vicariously liable.

So, you might want to stick
to five-pound Chihuahuas

-from now on, maybe.
-Right. Right. Right.

-I mean, she was visibly very upset.
-Stressed.

Visibly. And she said on the video,
"He bit me twice on the hand."

-Yeah.
-'Cause she tried to get ahold of him.

But she was still out
with the dog for an hour.

-But he was in fact injured.
-Mm-hmm.

And whether he went to
the hospital or not,

-that's pretty traumatic.
-[Sarah] Yeah.

I don't think you can level it down
to actual damages from a bill,

but there's some component
of punitive damages as well

for the pain and suffering

-and trauma from an event like that.
-Yeah.

That's true, but forget falling down
and being attacked by a dog.

Our family would feel as if,

you know, you've got
a splinter in your hand as a result

of somebody's negligence

or a nail that went into your foot

as a result of somebody being careless
is very frightening.

Anyway, people got the...
use their noodle,

and your noodle is up here.

[narrator] Want justice?



♪♪