Some thoughts

来源: 2005-10-26 18:31:05 [旧帖] [给我悄悄话] 本文已被阅读:

You can sue under IIED, intentional infliction of emotional distress, or NIED, negligent infliction of emotional distress.

Either way you have to prove the prima facie case that the owner acted recklessly and her conduct was extreme and outrageous, and your emotional distress is severe. Proof of physical pain is not necessary as it is admissible evidence. In this case you have a greater chance that you are pregnant. Other evidences include whether it is a busy place whether there is ordinance or statute to require owner leashing their dogs, whether the dog bit somebody before, and whether you contributed such as you pad the dog first without permission.

If IIED or NIED can be proved then you have a greater chance to recover significant amount of damage.

You can also sue for battery or negligence per se.

Consult a lawyer first.