Advice: you always can prove liability in a pure comparative negligence state
In a pure comparative negligence state, you always can prove that the other dog owner must pay some portion of your damages, as long as the other dog owner was at least 1% at fault.
The portion that you should receive should be equal to the percentage of the other dog owner’s fault. If he was 60% at fault, then you should receive 60% of your loss. Example: if your loss was $1000, then he would have to pay you $600.
Keep in mind, however, that if his dog was injured, then he is entitled to an amount equal to the percentage of your fault. Example: if you were 40% at fault and his loss was $1000, then you would have to pay him $400 (or give him an “offset” or credit for that amount).
So, when both dogs are injured, the result can turn out very unsatisfactory. In the examples given above, the net result would be that the other dog owner would pay you $200. The math might even be worse than that, if your loss is small and the other guy’s is large. In that event, you could end up owing him even though you were less responsible for the entire accident than he was.
So now you will read Volume 1: Text, to learn how to move your claim forward. And you will be using the forms and pre-written letters in Volume 2: Forms.