dogs and lawyers

[anthony_marquart]

in Jan of this year my mother was visiting. She took my english bulldog mix for a walk with my son. They came upon a neighbor and their dog. Their dog was a yappy little furry type dog.. My dog apparently thought it was being aggressive. My mother had put the lease on to the shot tag ring from the vet.. of course the dog got loose,, ran over and attacked the other dog,.. it's was pretty bad..

today I got notice of intent to sue me for 27k,.. my boating days may be over for a while.

the dog is now fine and running around the neighborhood. I know I'm responsible.. but they have 15k for pain and suffering,.,. mileage,.. physical therapy for the dog,.. on and freakin on..

After it happened the police came to my house and wanted to see the dog.. She came down the steps and rolled over at the cops feet for him to pet her.. He said, "I've got nothing here",.. closed his book and left..

Now this..

This is a personal disaster.. calling insurance agent..

I know this was hard for them,.. heck it was horrifying for me.. I thought they were going to come take my dog.. but this is insane..

 

[moparbarn]

anthony, we own a neopolitan mastiff/american bulldog cross, about 100 lbs. she is as sweet as she can be, but around other dogs, not so much........if she really wanted to get at something, i'm not sure i could hold her. we play tug of war with old fan belts, she ALWAYS wins. we also own a pomeranian male. thankfully, they get along great. we are lucky to live in the country on 90 leased acres, i would be scared to live in a neighborhood with her. the amount asked seems high, but i won't say that i wouldn't do the same in their shoes, as the judge may "adjust" the settlement some. yeah, it REALLY sux for both you & the other dog's owner, just try to be undrestanding, reacting without thinking is not a good course. they love their pet as much as you do your's. the fact that you are accepting responsibilty should help, & is the right thing to do .

 

[HTV Boats]

Anthony,

You personal liability on you homeowners policy covers this situation. Good news is they are on the hook and they pay for provide your legal team as they don't trust who you might hire and loose "their" money. The down side is in an ever litigious society with consumers and companies cutting costs some property policies have certain animal restrictions. I hope yours works as designed for you.

In my insurance career I had to tell people what they needed to hear, not what they wanted to hear. At the end of the day the gentle family dog (any breed) is an animal who's brain is pre-wired when startled, in a fear or an adrenaline situation. They revert to instinct. I had to put down a loved family pet that we didn't have total control of. Sounds like your not in that boat. Good luck and I hope you get the answers you want to hear.

Mic

 

[anthony_marquart]

Found out that I actually have good insurance.. They said that it is covered as a liability,. no restrictions on breed or location.. roller coaster day for sure.. All signs at this point say that I should be fine.. probably get an increase in insurance cost,.. but.. better than the alternative

 

[Don Ferrette]

A few years back my neighbor who used to live directly across the street was out front with his 2 young kids and the family dog - a 130 pound American Akita (there are 2 versions American and Japanese). I walked over to talk to Wally who was recharging a couple powder base fire extinguishers that he kept on his work trailer. The dog was sitting by the front porch like it always did, the 2 kids were playing in the yard between the dog and Wally who was in the driveway. As I reached out to pet the dog like I had done countless times before Wally was spinning the top off the extinguisher and evidently it still had a small amount of pressure and it made a pronounced "pop". In a flash the dog reacted and seeing me as the only non family person present clamped on to my right forearm and with a single twist of it's neck dropped me to my knees like a rag doll. Wally ran over and had to bop the dog on the head to make it release my arm from it's jaw and upon doing so exposed the multiple deep punctures in my skin. The pain was immediate and extreme (I later found out from the doctor that puncture wounds are basically the most painful) and Wally was flipping out. He rushed me to the emergency room where I spent over 4 hours getting tended to. The doctor who treated me drew a line on my arm with his pen and said if during the next 24 hours the redness/swelling crosses that line to call him and go to the hospital immediately as it was the beginning of compartmentalization and they would cut my arm open to relieve the pressures. On top of all this it was the day before my sisters wedding! The next day during the reception I noticed the redness had gotten to about 1/4" past the line the doctor had drawn but not wanting to take away from my sisters big day I kept quiet and watched it closely. Fortunately the swelling and redness began to recede later in the day and after a few follow up visits with the doc to remove stitches and such I was well on my way to healing. So why the long winded story?? Even though I could have sued the crap out of my neighbors and had animal control put down their dog (it almost seemed like A-C wanted me to request they put the dog down when they contacted me) I didn't because I knew it was an ACCIDENT!!!! I think Wally and his wife Lisa were more freaked out over the whole thing than I was and they told me if I sued they would understand. I told them don't be silly it was an accident and we move on, no hard feelings whatsoever. I'm sorry if I'm ranting but hearing that Anthony is getting sued for something so petty (the little ankle biter dog is just fine) really pisses me off and the fact that his insurance will most likely cover it matters not as it shows how low we have sunk as a society of supposedly intelligent and educated people. Ok I'm off the **** soapbox now................

 

[RodneyPierce]

I couldnt agree more Don!

 

[anthony_marquart]

well at least I won't be selling off boats to pay my neighbor.. I have spoken to a few neighbors.. the dog apparently learned a lesson. It does just come out barking anymore.. it is a shame.. I don't have an issue with the vet bills,.. but this person has health insurance.. and is trying to get money for her over blown expenses. The vet said that no matter what if they get a person with a bit, they send them to the ER,.. they did MRI's all kinds crap on this ladys hand.. turned out to be just a little dog bite.. healed in a week or so.. stupid to stick you had in there anyway.. but,.. as I said.. it was my dog and my responsibility..

2 years ago my son fell from the neighbors tree and broke his elbow.. I never even thought to sue the homeowner.. he was nice to let the kids play there.. People shock me these days..

 

[57fairlane500]

Too many people these days look at an incident like this as a revenue stream. They just don't care how it will effect you. **** shame really. I'm glad that your insurance will cover you so your not having to pay for their next vacation.

 

[Andy Greene]

What a crock, I can see covering vet bills and possible missed time to get there but 27K Lets be real here-

For that you shoulda got to watch your dog shred that little yappy shzt to peices , then the neighbor would truely have something to ***** about. SAD SAD day and age we live in ................. :angry:

Back in the day- for reasons I wont get into- We could have owned the Hillsborough County School system several times over-

but that wasnt the old mans style, I carry that same lesson he taught me today

Andy

 

[Hydro Junkie]

Several years ago, I was working in a woodshop as a table saw operator. None of the power tools had safety guards on them and, due to a kickback that I stupidly tried to catch, I cut into my thumb. While the injury didn't look that bad, I had actually cut the tendon between the tip and knuckle. L & I took care of the bill for the surgery to repair my thumb and, while I could have sued, what was the point? I still have full use of my thumb and the owner was forced financially to sell out before I was able to return to work. The way I see it, that's life so deal with it and move on. I have to agree with Andy, "What a crock"

 

[JeniJohnson]

well at least I won't be selling off boats to pay my neighbor.. I have spoken to a few neighbors.. the dog apparently learned a lesson. It does just come out barking anymore.. it is a shame.. I don't have an issue with the vet bills,.. but this person has health insurance.. and is trying to get money for her over blown expenses. The vet said that no matter what if they get a person with a bit, they send them to the ER,.. they did MRI's all kinds crap on this ladys hand.. turned out to be just a little dog bite.. healed in a week or so.. stupid to stick you had in there anyway.. but,.. as I said.. it was my dog and my responsibility..

2 years ago my son fell from the neighbors tree and broke his elbow.. I never even thought to sue the homeowner.. he was nice to let the kids play there.. People shock me these days..

I am a emergency room nurse..why did they do a MRI on a dog bite? Never heard of that. All we ever did was clean the wound, most of time you never suture dog bites due to increase risk of infection, give antibiotic and pain meds. No more and yes if she has medical insurance it will pay for ER visit. Does she know if she recovers any money from you she has to repay her insurance company she can't just keep it. I can't stand people that sue...what ever happened to accidents? jj

 

[JeniJohnson]

A few years back my neighbor who used to live directly across the street was out front with his 2 young kids and the family dog - a 130 pound American Akita (there are 2 versions American and Japanese). I walked over to talk to Wally who was recharging a couple powder base fire extinguishers that he kept on his work trailer. The dog was sitting by the front porch like it always did, the 2 kids were playing in the yard between the dog and Wally who was in the driveway. As I reached out to pet the dog like I had done countless times before Wally was spinning the top off the extinguisher and evidently it still had a small amount of pressure and it made a pronounced "pop". In a flash the dog reacted and seeing me as the only non family person present clamped on to my right forearm and with a single twist of it's neck dropped me to my knees like a rag doll. Wally ran over and had to bop the dog on the head to make it release my arm from it's jaw and upon doing so exposed the multiple deep punctures in my skin. The pain was immediate and extreme (I later found out from the doctor that puncture wounds are basically the most painful) and Wally was flipping out. He rushed me to the emergency room where I spent over 4 hours getting tended to. The doctor who treated me drew a line on my arm with his pen and said if during the next 24 hours the redness/swelling crosses that line to call him and go to the hospital immediately as it was the beginning of compartmentalization and they would cut my arm open to relieve the pressures. On top of all this it was the day before my sisters wedding! The next day during the reception I noticed the redness had gotten to about 1/4" past the line the doctor had drawn but not wanting to take away from my sisters big day I kept quiet and watched it closely. Fortunately the swelling and redness began to recede later in the day and after a few follow up visits with the doc to remove stitches and such I was well on my way to healing. So why the long winded story?? Even though I could have sued the crap out of my neighbors and had animal control put down their dog (it almost seemed like A-C wanted me to request they put the dog down when they contacted me) I didn't because I knew it was an ACCIDENT!!!! I think Wally and his wife Lisa were more freaked out over the whole thing than I was and they told me if I sued they would understand. I told them don't be silly it was an accident and we move on, no hard feelings whatsoever. I'm sorry if I'm ranting but hearing that Anthony is getting sued for something so petty (the little ankle biter dog is just fine) really pisses me off and the fact that his insurance will most likely cover it matters not as it shows how low we have sunk as a society of supposedly intelligent and educated people. Ok I'm off the **** soapbox now................

I had a Atkia...very sweet but protective dog. Had to get rid of mine (he went to live with a lady that lived alone) because he was too protective of me. It would scare the bageebees out of me if one attacked me. jj

 

[glenng]

Anthony, I've had dogs almost all my life and can attest to what Don said- sometimes they just react to instinct . Years ago I had a pair of bird dogs, A Brittney and a Brittney /Springer cross. Very non-aggressive, both small females. My neighbor had two dogs also - a white shepherd and a Norwegian elkhound. The Shepherd had a odd habit of knocking boards off the fence and coming into my yard to chew on a large century plant(a form of cactus). My dogs did not bother the white shepherd. One day the shepherd broke 2 boards off the fence and the chubby elkhound entered the yard also- that triggered something in my dogs and they both got after the elkhound- one in it's face and the other taking a bite out of the elkhounds backside- when the elkhound turned my other spaniel would take a bite out of its backside. The fur was flying pretty fast and I thought better of sticking my hands between 3 sets of teeth so I got the garden hose and broke it up that way. Well my dirt bag neighbor got upset and told me if I did not pay the Vet bills he would sue me. I reminded him it was his dogs that broke the fence and came onto MY property. I told him to go ahead and sue-I'd probably end up with some of his money to fix the fence.