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Posted: 8/24/2010 5:12:34 PM EDT
[Last Edit: 8/27/2010 4:43:19 PM EDT by NapeSticksToKids]
so, my wife got bit by a dog tonite while she was running. she said she ran passed a house and 2 dogs came running out, one jumped on her back, the other bit her leg and wouldnt let go. i dont know what it looks like since i cant see her. its not bad enough for her to go to the hospital, she said it drew blood but her shorts soaked it up, and its all bumpy from teeth marks and its starting to bruise, and "it hurts like fuck". she filed a police report and the dog is being held for 14 days.

after telling me this, she asks if she should sue them.

i say, you dont really have any grounds for suing since they didnt cost us money (i would assume tricare would cover for a rabies test/shot/magic). plus, we have a dog (a tiny minpin), and if he got out and bit someone (granted that it wasnt a bad bite), i would be pretty upset if someone tried suing us.

am i acting too insensitive to the situation? i mean, it wasnt a BAD bite, and im of the mindset that sometimes dogs will get out if they have the willpower, and can turn from being nice to mean in an instant. im not saying let it go, but it didnt cost us life or limb.

so, im pretty sure im not going to let her pursue a sue, but i thought id just ask for input.

UPDATE:

Wife just called me in tears, she was running again and the same two dogs attacked her! She fended them off with a stick. This also means the police didn't hold the dog for 14 days! I told her to call the police and tell them if they don't come take the dog, its going to get a bullet in the head.
Link Posted: 8/24/2010 5:15:16 PM EDT
I don't know if I'd be sue happy but it's too situational dependent for me to say. What's the attitude of the owners?
Link Posted: 8/24/2010 5:15:52 PM EDT
Originally Posted By NapeSticksToKids:
so, my wife got bit by a dog tonite while she was running. she said she ran passed a house and 2 dogs came running out, one jumped on her back, the other bit her leg and wouldnt let go. i dont know what it looks like since i cant see her. its not bad enough for her to go to the hospital, she said it drew blood but her shorts soaked it up, and its all bumpy from teeth marks and its starting to bruise, and "it hurts like fuck". she filed a police report and the dog is being held for 14 days.

after telling me this, she asks if she should sue them.

i say, you dont really have any grounds for suing since they didnt cost us money (i would assume tricare would cover for a rabies test/shot/magic). plus, we have a dog (a tiny minpin), and if he got out and bit someone (granted that it wasnt a bad bite), i would be pretty upset if someone tried suing us.

am i acting too insensitive to the situation? i mean, it wasnt a BAD bite, and im of the mindset that sometimes dogs will get out if they have the willpower, and can turn from being nice to mean in an instant. im not saying let it go, but it didnt cost us life or limb.

so, im pretty sure im not going to let her pursue a sue, but i thought id just ask for input.



Didn't we have a former member here who sued over a poodle bite. Think he said he got some money out of it. Not that I'd do that.
Link Posted: 8/24/2010 5:18:15 PM EDT
[Last Edit: 8/24/2010 5:21:50 PM EDT by GlutealCleft]
I wouldn't sue, as I wasn't out any money.

But I would report it to animal control... the owners need to know, and need SERIOUS incentive to fix the problem. I'd also have animal control verify rabies vaccination. Chances of the dog having rabies are low, but if they did pass it to your wife and you didn't take care of it BEFORE symptoms developed, there would be no hope for her.

If the dogs were NOT vaccinated, she would have to go through the vaccinations.
Link Posted: 8/24/2010 5:20:03 PM EDT

No lawsuit but do all the LE / animal control protocols to make sure they are held accountable.

4073
Link Posted: 8/24/2010 5:21:50 PM EDT
I would def. have animal control visit and ensure the dog was properly vaccinated.
Link Posted: 8/24/2010 5:21:58 PM EDT

Originally Posted By MikeS369:
Originally Posted By NapeSticksToKids:
so, my wife got bit by a dog tonite while she was running. she said she ran passed a house and 2 dogs came running out, one jumped on her back, the other bit her leg and wouldnt let go. i dont know what it looks like since i cant see her. its not bad enough for her to go to the hospital, she said it drew blood but her shorts soaked it up, and its all bumpy from teeth marks and its starting to bruise, and "it hurts like fuck". she filed a police report and the dog is being held for 14 days.

after telling me this, she asks if she should sue them.

i say, you dont really have any grounds for suing since they didnt cost us money (i would assume tricare would cover for a rabies test/shot/magic). plus, we have a dog (a tiny minpin), and if he got out and bit someone (granted that it wasnt a bad bite), i would be pretty upset if someone tried suing us.

am i acting too insensitive to the situation? i mean, it wasnt a BAD bite, and im of the mindset that sometimes dogs will get out if they have the willpower, and can turn from being nice to mean in an instant. im not saying let it go, but it didnt cost us life or limb.

so, im pretty sure im not going to let her pursue a sue, but i thought id just ask for input.



Didn't we have a former member here who sued over a poodle bite. Think he said he got some money out of it. Not that I'd do that.

Yes we did. The one that had his picture posted and then ran away.

Link Posted: 8/24/2010 5:23:25 PM EDT
What are the damages in monetary terms? If you cannot define any damages, you do not have a case.
Link Posted: 8/24/2010 5:24:00 PM EDT
turns out it was a beagle that bit her. i kind of chuckled a bit.

she reported it to the sheriffs office and they took the dog in and are holding it for 14 days. will they test the dog/verify vaccinations there?
Link Posted: 8/24/2010 5:24:42 PM EDT
Originally Posted By DnPRK:
What are the damages in monetary terms? If you cannot define any damages, you do not have a case.


thats what i told the wife.
Link Posted: 8/24/2010 5:24:46 PM EDT
Can't help ya..

Last mutt that decided to take a taste of me...

I had the "last bite" on him.
Link Posted: 8/24/2010 5:25:10 PM EDT
What would you like the financial reimbursment for?

Medical bills? (currently you have none)

Pain and suffering?



Try talking to the dog owners first. They might pay out of pocket or file a claim with their homeowners policy.

If that doesn't work then you should move forward with a civil lawsuit.

If you're thinking of getting a new big screen TV out of this shame on you.
Link Posted: 8/24/2010 5:26:16 PM EDT
Originally Posted By Nozzelnut:
What would you like the financial reimbursment for?

Medical bills? (currently you have none)

Pain and suffering?



Try talking to the dog owners first. They might pay out of pocket or file a claim with their homeowners policy.

If that doesn't work then you should move forward with a civil lawsuit.

If you're thinking of getting a new big screen TV out of this shame on you.


see above post.
Link Posted: 8/24/2010 5:27:29 PM EDT
There is a case there if she wants it. The question is what is she trying to get out of it? In my opinion she is a fool to not get it checked out by a doctor right away. They can get infected afterwards.

Remember folks, you are responsible for your animals. Most states view them as a item of property.
Link Posted: 8/24/2010 5:28:35 PM EDT
Get a hold of the dog owners, see if they will cough up any $$ for any doctor's bills or just pain and suffering.
if she doesn't need / seek medical attention, why even sue?

I never like to get a lawyer involved, in the end the are the only ones that make out.

If they say no and your need medical attention and $$ for bills then resort to a lawsuit as a last result.

Here in Oregon, biting dogs can be forced to be put down if they do it more then once. If the same there that may strain any lawyer free results.
Link Posted: 8/24/2010 5:31:25 PM EDT
Originally Posted By thelaw09:


Most states view them as a item of property.


And if you can't find the "property" owner?
Link Posted: 8/24/2010 5:32:03 PM EDT
Some states have a "one-bite" rule which means unless the dog has previously bitten someone, the owners cannot be negligent b/c they had no notice that their dog was dangerous......
Link Posted: 8/24/2010 5:34:11 PM EDT
Originally Posted By NapeSticksToKids:
turns out it was a beagle that bit her. i kind of chuckled a bit.

she reported it to the sheriffs office and they took the dog in and are holding it for 14 days. will they test the dog/verify vaccinations there?




Note the crazed look in the beagle's eyes.
Link Posted: 8/24/2010 5:35:45 PM EDT
Originally Posted By RebFootCav:
Originally Posted By thelaw09:


Most states view them as a item of property.


And if you can't find the "property" owner?


Then animal control takes care of the "property."

Link Posted: 8/24/2010 5:35:55 PM EDT
My wife was bitten while out walking once. She had three stitches. The dog's owner brought her home, paid the doctor bill and provided proof of vaccinations to animal control so that was the end of it.
Link Posted: 8/24/2010 5:38:52 PM EDT
Link Posted: 8/24/2010 5:42:08 PM EDT
I think if the owner steps up and takes responsibility for his dog, provides proof of vaccinations, and appears to be sorry for the incident, it should end there. The evasive, unrepentant types should be the ones to go after if you have injuries.
Link Posted: 8/24/2010 5:47:37 PM EDT
Originally Posted By NapeSticksToKids:
turns out it was a beagle that bit her. i kind of chuckled a bit.

she reported it to the sheriffs office and they took the dog in and are holding it for 14 days. will they test the dog/verify vaccinations there?


The only way to test the dog for rabies is to kill it Contact the owners about vaccinations and get PROOF not just their say so. If the dog is not up to date on its rabies shots GET MEDICAL HELP NOW. Rabies is not something you want to wait 14 days with as treatment needs to begin as soon as possible. Once symptoms show up it is to late to treat and the survival rate is nonexistant and yes it would be ok to sue to recover any money spent due to the dog bite.
Link Posted: 8/24/2010 5:51:24 PM EDT
[Last Edit: 8/24/2010 5:52:12 PM EDT by ttushooter]
they owe for medical bills at least (if there are any). you don't have to sue for that neccessarily, file a claim with their homeowners or renters insurance, they would provide liability coverage for the owner of the dogs, and would be able to consider a claim to reimburse medical bills.
Link Posted: 8/24/2010 5:55:29 PM EDT
[Last Edit: 8/24/2010 5:57:16 PM EDT by skunk-ape]
I think anytime you have pain inflicted upon you and have to take time out of work or whatever to go to the doc, it is worth at least something. I'm not talking a thousand bucks or something like that, but to me, it is worth something.


Again, the attitude of the dogs owner plays alot into it also.

Link Posted: 8/24/2010 6:01:00 PM EDT
Funny...I just posted in team about a very close subject. I'm going to my 2nd surgery tomorrow because of a dog bite. I am exposed to a great deal of dogs every day. Most are great...some not so much. People always think "my dog wouldn't bite anyone." Well, how the heck do they really know? I have two dogs myself. They are the dopiest damned dogs ever, and want nothing more than to be even just touched by anyone. I still can't KNOW that something won't spark some sort of instinct for them to bite. They are an animal!! I will say though that if it happens ONCE...the victim will be pulling the trigger on them with my gun while I watch. As far as a lawsuit goes, I would say, if there is missed work, medical bills of ANY kind, or extensive pain and suffering then go for it. (sorry for all the commma's) I understand that dogs instinctively want to protect their territory, but being bitten on the road is a cookie out of a different jar. Some dog owners simply are not responsible for the actions of their dogs, or not responsible enough to train them. Don't get sue happy unless it is necessary to regain what was lost because of the injury. All things considered though, ALWAYS report a dog bite to the police. They will make sure to check shot records and aggressive behavior records to insure your safety, and the safety of others.
Link Posted: 8/24/2010 6:01:21 PM EDT
My mom got bit behind the knee and ended up with nerve damage that helped lead to knee replacement. She didn't sue though, just contacted the owners insurance and dealt with them. It was a little dog that got her.
Link Posted: 8/24/2010 6:07:52 PM EDT
We need pics in order to ascertain the situation.
Link Posted: 8/24/2010 6:18:58 PM EDT
My wife got bit about 15 years ago.
Owners had nothing, no insurance..etc..
My wife received nothing but a life long scare.
BTW, the dog never bit another person...
Link Posted: 8/24/2010 6:32:30 PM EDT
A few years ago, my wife was attacked by a loose dog while she was jogging though our neighborhood.

We called the police and they confiscated the dog for 10 days to check for rabies.

We did not sue.

A year later she was chased by the same dog.

We wish we had sued, not for the money, but to drive home the point to the offenders. My wife has a scar that will be with her for life. And even though it is not may people will see t, she is still self-consciense about it.


Personally, I would talk with your home owners insurance agent. Press the issue and sue the bastards.
Link Posted: 8/24/2010 6:37:23 PM EDT
[Last Edit: 8/24/2010 6:37:34 PM EDT by NAEP3]
I'd only go to the ER for documentation purposes.
Link Posted: 8/24/2010 9:01:28 PM EDT
If her tetanus status is not current, she needs a shot within 72 hours, preferably sooner. I'd get it looked at. Dogbites can get infected, but often they don't. Catbites are nasty, and they always get antibiotics
Link Posted: 8/24/2010 10:06:21 PM EDT
[Last Edit: 8/24/2010 10:07:21 PM EDT by GlutealCleft]
Originally Posted By NapeSticksToKids:
Originally Posted By DnPRK:
What are the damages in monetary terms? If you cannot define any damages, you do not have a case.


thats what i told the wife.


I used to know a mailman that got bitten regularly. According to him, a dog bite that breaks the skin is a very easy $300 in small claims court in this area.

I'm not advocating suing, but in most areas, if you can prove a dog bite, you're going to get at least SOMETHING if you go to court.
Link Posted: 8/25/2010 5:08:59 AM EDT
Exact same thing happened to my wife about a month ago- dog (terrior mix) attacked and did a number on her knee- three deep puncture wounds- lot 'o blood! After she got home and filled me in, I loaded up(digital camera, pen and pad, cell phone and Glock .30) and went over to talk with the owner (he was standing there when it happened-also witnessed by his neighbor). Ended up meeting two very nice, apologetic and concerned people (guy and his wife)- he'd tried to assist the wife, but she was having none of it and hauled ass home the 1 1/2 miles (we're in a semi-rural area). Guy volunteered all his contact info, current rabies tag for the dog, and said to let them know right away if they need to do anything. Our Doc was on his emergency rotation ( on a Sunday AM no less!) - tetanus booster, cleaned the wounds, applied Neosporin said the main thing was to watch for any sign of infection. Documented the wound progression for a week (dated digital photos)- she's A-ok. After a couple weeks she called the guy and let him know she was going to be ok and thanked him for his concern- then let him know she was maintaining a complete record of the incident, and in no uncertain terms let him know that if his dog EVER was loose and came after her again, she'd start with OCS, and end with seeing to it that he'd lose his dog- Guy said he understood and again apoligized.
Now if we see the folks on the road, they always smile and wave.
If the injuries had been more serious, or if the attitude had been shitty, this would have gone another direction. But other than screwing up a Sunday Am, this cost us nothing and the injuries have nearly totally healed (VERY minor scarring), and life goes on.
Link Posted: 8/25/2010 5:25:23 AM EDT
Yes, I'd sue them. Not only to cover my time & expenses, but to teach the owners a damn good lesson!!!

Link Posted: 8/25/2010 5:34:48 AM EDT
Move on.

Life is hard.

Link Posted: 8/25/2010 5:45:32 AM EDT
The cops took the dog??? You have done enough......
Link Posted: 8/25/2010 5:49:11 AM EDT
Originally Posted By NOVS:
The cops took the dog??? You have done enough......

That is pretty routine. They quarintine the dog for several days to ensure that it is not showing signs of rabies.

Rabies shots for humans are no joke, and very painful.

(The only other option to test a dog for rabies is to disect its brain.)
Link Posted: 8/25/2010 5:52:34 AM EDT
I hate the fact that whenever disputes arise between citizens, often the first thing thrown out is "I'll sue!"

Yes, it has it's place, but we've come so far down that litigious road that people are afraid to offer assistance to those who need it (Good Samaritan Laws), have their intelligence insulted (Caution: Hot Coffee is HOT), or let their children play Steal-The-Bacon at a Boy Scout Meeting.

We just had a neighbor's dog slip out of their house when they went to get their mail. My son was coming home from school at the same time, and just happened to be in front of their house. The dog jumped my son, bit the hell out of his chest (two bites), puncture wounds only (three, two pretty deep. My son is 10. The owner brought my son home with the neighbor across the street (so there would be a third party present...not a bad idea, actually), and told me what had happened. The bleeding was pretty bad, took him to the hospital Emergency room where they took care of him, gave him a couple of stitches. The dog owner was scared shitless that we were going to sue––that's how people make money in California. I asked him to cover the co-pay for my son's insurance ($100), which he gladly did. He and his wife stopped by a couple of times over the course of the week to check on my boy, make sure that there were no complications.

It was an accident, man. This guy didn't sick his dog on my kid...shit just sometimes happens. My boy was hurt, but not too badly, and has cool scars for the chicks. The most terrified individual in the whole thing was the dog owner. He was literally gray with fear, his wife had tears running down her face. They were terrified.

It was an accident, man. Shit happens sometimes. I mean, yeah––negligence is negligence. But you shouldn't have to fear that your going to lose your job, security clearance, house, car, etc...because of something that we used to laugh off back in the day.

JMHO, YMMV
Link Posted: 8/25/2010 5:52:51 AM EDT

Originally Posted By NapeSticksToKids:
turns out it was a beagle that bit her. i kind of chuckled a bit.

she reported it to the sheriffs office and they took the dog in and are holding it for 14 days. will they test the dog/verify vaccinations there?


What they'll do is check with the owners vaccination records, or if the owner doesn't have them they'll contact their vet for the records.
Link Posted: 8/25/2010 5:54:04 AM EDT
My wife got bit and had to undergo rabies shots.

VERY expensive, a HUGE pain in the ass (actually in her hand where she got bit, not a great place to get shots) and generally not alot of fun-takes several weeks of doctor visits....... BTW, if your insurance pays for the shots or other care it's not "free"- the responsible party should PAY for them.

What is so Goddamn hard for people to understand about the idea that they are responsible for the fucking animals and what they do?

Also, just because you make a claim with someones' homeowners insurance doesn't mean they are being "sued". There is a big difference between a claim and a lawsuit. Let's be more precise about what we are saying/doing.
Link Posted: 8/25/2010 6:26:43 AM EDT
I brought suit against a homeowner back in the early 90s when the homeowner's unsecured Hienz 57 dog bit the heck out of my wife. The homeowner was one of the well off "good-ol-boys" in the community and Animal Control would not impound the dog. Come to find out the dog had bit another woman the year before and animal control did nothing then either. I ended up calling the Sheriff and told him I would kill the darn dog myself to see if it had rabies and damn the consequences. Animal Control then impounded the dog. I settled out of court with the homeowners insurance co. The wife was lucky as she did not have to go through the shots but her wounds took a while to heal. The dog was put down.

Point is do not let anyone get away with irresponsible behavior when injury and dogs are involved. To let someone get away with a unsecured dog biting someone is a bad message to send to the rest of the neighborhood. Before long you will have all kinds of dogs running loose.
Link Posted: 8/25/2010 6:40:28 AM EDT
[Last Edit: 8/25/2010 6:44:24 AM EDT by NoStockBikes]
I'd have little to no patience for that sort of thing. I haven't been, (so I might be internet tough armchair commando guy here) but if I was attacked by a dog on the street, it's game on and I'm not paying vet bills.


Posted Via AR15.Com Mobile
Link Posted: 8/25/2010 6:44:08 AM EDT
First, talk to the owners to see if the dog is vaccinated.
Then, if you have out of pocket expenses, address that issue.

I'm willing to bet the owners will be reasonably cooperative, no one wants a lawsuit and
if your dog bit someone, you'll probably loose.

On the other hand, why would you want to sue if the owner cooperates and reimburses you for your actual expenses?
The police intervention should pretty much make sure the dog doesn't run again.
Link Posted: 8/25/2010 7:03:53 AM EDT
25 years ago when I was in college. My roommate got a call from an attorney about his dog bite.

He was bitten by his neighbors dog when he was 10-12 years old. He had to get 2 stitches in the corner of his mouth.

His family never sued, but the home owners insurance covered the medical bills.

Fast forward to College, about 10 years later.

The dog's family was selling their house, the home owners insurance still had an open claim for the bite.

Their attorney contacted my roommate to settle the case.

Now we were poor college kids at the time, He goes to the meeting and returns in a 1973 Corvette.

The attorney offered him $5,000 to settle the case, which he had long forgotten about.

Just happened that his other neighbor caught her husband cheating about a week before and HE had a really nice vette in the garage.

She only wanted 5K for it.

Luckiest person I have ever met.
Link Posted: 8/25/2010 9:02:47 AM EDT
I think the correct thing has been done with regards to the dog. If you have expenses, be a man (or woman) and talk to the dog's owner about it. I have faith in most of humanity and think that they would want to make it right.

When I was about 9-10, we had a swingset in the back yard. One of the neighbor girls was over playing with us, and she fell off and broke her arm. Dad talked to her Dad, took her to the clinic, got the x-rays, got her casted, follow up visits, etc. He covered all the costs, which weren't bad. Her Dad, our neighbor, was just fine with the whole process. He was of the opinion that, "Shit happens. When it does, the responsible party takes care of it, and that's that."

We continued to be good neighbors and got along fine.
Link Posted: 8/25/2010 10:51:47 AM EDT
Originally Posted By eastonj:
I think the correct thing has been done with regards to the dog. If you have expenses, be a man (or woman) and talk to the dog's owner about it. I have faith in most of humanity and think that they would want to make it right.

When I was about 9-10, we had a swingset in the back yard. One of the neighbor girls was over playing with us, and she fell off and broke her arm. Dad talked to her Dad, took her to the clinic, got the x-rays, got her casted, follow up visits, etc. He covered all the costs, which weren't bad. Her Dad, our neighbor, was just fine with the whole process. He was of the opinion that, "Shit happens. When it does, the responsible party takes care of it, and that's that."

We continued to be good neighbors and got along fine.


What? She falls off the swingset, and you end up paying for it? When we were growing up, shit happens meant that if your kid hurt himself, you took care of your kid. WTF? Unless you pushed her off it or something..That's just as stupid as actually suing over a "shit happens". I'd never let that clutsy kid on my property again.

Posted Via AR15.Com Mobile
Link Posted: 8/25/2010 12:13:33 PM EDT

Originally Posted By NoStockBikes:
Originally Posted By eastonj:
<snip>


What? She falls off the swingset, and you end up paying for it? When we were growing up, shit happens meant that if your kid hurt himself, you took care of your kid. WTF? Unless you pushed her off it or something..That's just as stupid as actually suing over a "shit happens". I'd never let that clutsy kid on my property again.

Posted Via AR15.Com Mobile
I think you're allowing your "internet tough armchair commando guy" mentality to overpower your thought processes here. I'm not talking about paying for the kid who skins their knee. This was a broken arm, on our property, on our swingset. Medical treatment was needed. All 9-10 year old kids fall down, and sometimes they break bones. Like it or not, the property owner IS liable. If we'd have taken your approach and told the neighbor "tough beans", the neighbor could've gotten pissed and sued us, and easily won.

The dog bite episode is somewhat different. In that regard, I agree with you that I'd have shot the dog down in the street. But your first response doesn't do anything to answer the OP's questions.

My point in bringing up my story is to illustrate that if people will simply sit down and talk it out, and take responsibility, many lawsuits could be avoided.
Link Posted: 8/25/2010 12:16:43 PM EDT

Originally Posted By Lomshek:
What's the attitude of the owners?

This.
Link Posted: 8/25/2010 12:18:04 PM EDT
[Last Edit: 8/25/2010 12:20:08 PM EDT by BadShovelhead]
never mind no don't sue... that is ridiculous
Link Posted: 8/25/2010 12:26:57 PM EDT
If you aren't out any money, there's nothing really to sue about. If it happens again I would most certainly kill the dog and sue for whatever I can get.

Like other people said, if I'm not out any money and the guy is flipping out asking me if I'm ok, we'll call it a push. If he's a douche and I just got bitten by his dog I'm going to do everything I can to fuck up his day.
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