View Full Version : Dog Attack
I few nights ago around 9pm, my mother's dog (rat terrier) was viciously attacked by the neighbor's dog.
She was in her yard with the dog when the neighbor's dog ran into our yard and proceeded to attack.
Her dog was immediately incapacitated and laid lifeless on the grass. Luckily, our vet lives across the street. They were able to stabilize and bring her dog to the emergency clinic, where it underwent emergency thoracic surgery.
Her dog had 5 broken ribs, a pneumothorax and had to have muscular reconstruction.
This is the second time that the neighbor's dog has attacked my mother's dog. The first incident occurred in December, resulting in multiple deep lacerations down to the muscular layer. This first attack also required surgery.
My mother is deeply disturbed by this incident. She hasn't slept well since the attack, and now fears for the safety of her dog, her grandchildren and herself. Now, every time she wants to take the dog outside, she carries a gun.
My question is how many of you would sue for more than reimbursement of the vet bills?
EDIT: The first attack was not reported, because she wasn't sure whose dog it was.
http://i1015.photobucket.com/albums/af276/huntsimp/IMG_2414.jpg
http://i1015.photobucket.com/albums/af276/huntsimp/IMG_2415.jpg
http://i1015.photobucket.com/albums/af276/huntsimp/IMG_2420.jpg
http://i1015.photobucket.com/albums/af276/huntsimp/IMG_2419.jpg
I don't have the slightest idea how civil code works (if you are in NOLA), but typically you can only recover actual damages. The dog should have been put down the first time. The owner is always supposed to have their dog restrained/contained, or otherwise is subject to liability for all damage caused by it.
An Undocumented Worker
02-15-15, 22:07
Sue the **** out of em, also call the cops.
Coal Dragger
02-15-15, 22:17
Time to break out the hot dogs and rat poison. Clear your mom's problem right up with that shitty neighbor's dog.
Time to break out the hot dogs and rat poison. Clear your mom's problem right up with that shitty neighbor's dog.
While retaliation is a bad idea...why didn't they put down the dog after the first attack? Frankly, I probably would have shot it if I wasn't in the middle of a crowded city or something like that.
I do not know the details of the law (yet). We have already contacted an attorney, and are waiting to hear back.
Animal control has not been very helpful thus far. They said that there must be two reports of an animal attack within a certain amount of time (I think 6 months) in order for them to put down the animal.
I do not know the details of the law (yet). We have already contacted an attorney, and are waiting to hear back.
Animal control has not been very helpful thus far.
Thats insane. I can't believe they didn't take the dog after the first attack, thats usually SOP.
Let us know what the attorney says, I'm sure you will be able to ask for the costs you spent...recovering them is a whole different story.
Coal Dragger
02-15-15, 22:22
The dog turning up missing is also a viable option. Since they don't control their animal. You own a shovel, and know someplace quiet to dispose of a dead dog?
After the first attack, was a fence built or the dog not left unsupervised in the yard, knowing the neighbors dog was still an issue?
It's going to be tough to prove. The blood spot only shows where the dog ended up, not where the attack started.
SilverBullet432
02-16-15, 00:26
Im sorry to hear about your moms dog man :( ive been up this creek before (had to put animals down) hope it recovers well.
Encountered a similar circumstance when a large Pitbull attacked my dog. I shot and killed the dog in my yard.
That animal is a problem waiting to happen to someone walking through the area, or even worse a small child.
I have had to shoot several large dogs, a 12 Gauge shotgun with buckshot works best. If using a pistol, then I recommend a headshot.
I hate to have to kill someone's pet, but if you are irresponsible in not securing your large aggressive dog and then it goes on
to threaten others you bear responsibility for the end result.
I know what I would do, and it wouldn't be within city limits.
Moose-Knuckle
02-16-15, 04:13
Here, we can shoot the neighbor's dog to protect ourselves/families/property. If another dog ran into my yard I would not hesitate to put it down on my property if it was aggressive. I have my GSD harnessed and leashed and even at times muzzled. I ****ing hate people who let their dogs roam free.
Attorney needs to go after the home owner's insurance. Second attack? Need to call LE each and every time if for nothing else than documentation.
Time to break out the hot dogs and rat poison. Clear your mom's problem right up with that shitty neighbor's dog.
Let's think this through a little more intellligently. This is a terrible idea that will surely come back to bite the OP's mother and her dog in the ass. Better to file the complaints, go the legal route, and be prepared to shoot the attacking dog if it repeats.
Averageman
02-16-15, 07:05
It's still not real clear to me why the local PD and Animal Control folks haven't stepped up and done something. At this point, 2nd attack; this dog has proven itself a danger to others.
I think I would sue for whatever you can get, pay off the vet bills and expenses and donate the rest to the local animal shelter.
Trust me guys, I am more than ready to put this dog down if it enters our property again.
However, the penalties for killing a pet are pretty harsh. I don't know if they would apply in this situation, but until I hear back from the attorney...
It's going to be tough to prove. The blood spot only shows where the dog ended up, not where the attack started.
I don't think it will be tough to prove.
Neighbors heard screaming, and our vet lives across the street and is a well respected member of the community. There are also medical reports and bills.
The dog's owners also called and apologized.
I'm very sorry this happened, and don't want to sound insensitive, but both dogs should be contained in their yards with fences.
Grab some friends and build your mom a fence.
-john
I'm very sorry this happened, and don't want to sound insensitive, but both dogs should be contained in their yards with fences.
Grab some friends and build your mom a fence.
-john
Our dog is in our yard, and is always supervised.
Fences are not allowed in our neighborhood.
Fences are not allowed in our neighborhood.
I'd say it's about time to get that changed.
-john
Averageman
02-16-15, 08:00
One of the Soldiers I worked with had his toddler Daughter and Wife attacked by dogs like this one. They came trough the fence to get at his dog that was in heat, while the Mom and kid were in the backyard. Yes, they had already killed a neighbors dog.
The owner needs to make putting the dog down and pay the vet bill part of the appology.
Trust me guys, I am more than ready to put this dog down if it enters our property again.
However, the penalties for killing a pet are pretty harsh. I don't know if they would apply in this situation, but until I hear back from the attorney...
For the OP, first, I'd file a police report with a detailed eyewitness statement. Then I'd take the report and the vet bill to the neighbor, requesting the animal be properly secured on their property and compensation for the bill. IF, the owner refuses to do the right thing, then call animal control AND file a lawsuit.
As to the above statement, I guess it depends on how much of a family member the dog is. For my wife and I, our dogs are our kids (we don't have human kids). If our dogs are attacked, we WILL intervene. At that point, the attacking animal is a direct threat to US as much as our dogs. Then it's a matter of self-defense against great bodily harm for ourselves, and lethal force against the animal would be justified.
I would literally be willing to get bit for my dogs, because I know they'd do the same for me. I will not allow my dogs to be attacked without defending them. It's just that I know how the law regards animals in some jurisdictions, which is to say they are mere chattel and not worthy of legal protection from harm, at least not beyond financial compensation.
Your mother's dog will be recovering and traumatized. I would escort the dog anytime it goes outside and I'd carry a gun. If that vicious dog comes on your property again, defend your mother's dog with force if necessary. At least that's what I'd do.
Bate dog in the yard in a safety cage/kennel + 10.5 AR with suppressor and a mag full of mk262 = Problem solved.
Her dog is clearly a member of the family, and everyone is extremely sick/upset about the incident.
The police were immediately notified.
Animal control was immediately notified.
There is extensive documentation.
The neighbors will undoubtedly be held accountable for all medical expenses, and will be asked to have their dog put down, if it's not demanded by animal control.
Nothing further will be done until my attorney tells me exactly what can/can not be done (i.e. shooting the attacking dog if it is on our property).
She lives within city limits in a gated golfing community/country club, where the discharge of a firearm is "not allowed".
I may come off sounding like a pussy, but I am a third year medical student with a lot to lose. The last thing I want is to be in a legal bind because I shot someone's pet.
I may have missed it, but is there a leash-law in your county?
Sorry what happened to your mom’s dog. Sounds like you’re on the right path, and even though I’m sure you’d like to, sometimes a gun isn’t the best answer. I’d look at some of that long distance pepper spray or something. If you lived out in the middle of the country it’s one thing, but, you don’t.
I may have missed it, but is there a leash-law in your county?
I believe that a dog is required to wear a leash, even if it's on your own property.
Averageman
02-16-15, 15:10
I wouldn't go out in the yard without at least a can of that wasp spray.
I haven't had much time to look into the specifics of the statutes, but just came across this:
"Any citizen or officer may kill any dangerous or vicious dog, and no citizen or officer shall be liable for damages or to prosecution by reason of killing any dangerous or vicious dog."
That is, once the animal has been declared "vicious/dangerous" at a hearing.
https://www.animallaw.info/statute/la-dangerous-louisiana-dangerous-dog-dog-bite-laws
Basic pepper spray works pretty well against dogs, I've seen angry pits be repelled by it.
I would sue the crap out of the neighbor's for the medical bills and your mother's pain and suffering. Try to get putting the dog down as part of the suit.
If you must kill it, use bullets. Wasp spray is a nerve agent and some places have laws against using it for anything other than it's intended purpose.
I'm really sorry to hear about your mother's dog. I hope he makes a full recovery.
With regard to shooting the neighbor's dog, it's something I would hate to have to do. However, I would consider any violent dog on my property attacking my dog as a threat to my own safety as well, and would therefore make every effort to shoot/kill it in the act. It sucks for the owner of the dog, but there's no doubt that they know their animal is vicious and therefore should take better steps to keep it contained/controlled.
With regard to discharging a weapon in the community, I don't think any homeowner's association can ban the use of a firearm in self defense. They can go nail jelly to the wall. It's not like you're taking your AR out onto the fairway and doing long distance shooting (which would be a far better use for the long straightaways wasted on golf courses anyway).
I'm really sorry to hear about your mother's dog. I hope he makes a full recovery.
With regard to shooting the neighbor's dog, it's something I would hate to have to do. However, I would consider any violent dog on my property attacking my dog as a threat to my own safety as well, and would therefore make every effort to shoot/kill it in the act.
I agree with the bolded statement.
I just hope that if that happens, it doesn't interfere with the collection of compensation and/or successful lawsuit.
I thought it was particularly easy to have a dog put down for attacking another dog? That's the route she should go.
Or sue either one, but imo the only lasting solution is for the neighbors dog to die.
The dog's owners also called and apologized. That's your ace in the hole right there. We had a dog chewed up like that one. The neighbor claimed the dog was on their side of the line and we had no way to prove it wasn't at some point, even though I highly doubted their story. Animal control will ask, "did anyone actually see the attack happen?" and if no one can answer in the affirmative, the offending dog will likely not be destroyed, but they will take a report and keep an eye on the dog.
Also, I have seen plenty of dogs that cannot tolerate other dogs in any way. Yet, they are perfectly fine around humans and children. I don't like seeing dogs being put down for dog fights, but owners should damn well be able to control their animals.
Moose-Knuckle
02-17-15, 00:29
Also, I have seen plenty of dogs that cannot tolerate other dogs in any way. Yet, they are perfectly fine around humans and children. I don't like seeing dogs being put down for dog fights, but owners should damn well be able to control their animals.
My GSD has a very intense predator drive to say the least. Responsible dog owners control their animals same as responisble gun owners control their firearms. If another dog gets into "her" yard (yes it's fenced) it's game on. She hates the little yappers more than I do lol.
I'm out in the country with the nearest neighbors over 100 yards in all directions. We have a small amount of livestock and our own pet dogs. I have the right to kill an animal that is causing threat or damage to livestock. Which is exactly what I do with a stray dog as I would a wild coyote. They owe you the vet bill for sure, and the dog that attacked should be put down (what if that was a child) As mentioned before if you don't have control over your dog you don't need to have it in the first place.
Time to break out the hot dogs and rat poison. Clear your mom's problem right up with that shitty neighbor's dog.
The problem isn't the dog but the neighbor. The neighbor will just get another dog and you will continue to have the same problem.
Our dog is in our yard, and is always supervised.
Fences are not allowed in our neighborhood.
I'd look into suing the HOA.
"Fences are not allowed in our neighborhood."
That is complete and utter B.S.
If my yard wasn't completely fenced in it would be constantly plowed up by feral pigs (as it had been quite frequently) and dog shit.
I spent quite a few thousand having it fenced.
In the interest of getting along with my neighbors, I didn't complain when their dogs fertilized my yard.
I shot feral pigs from my back porch in the back yard, but it didn't prevent them from coming back and plowing it up after I went to bed.
So, in went the fence - problem solved!
Powered by vBulletin® Version 4.2.5 Copyright © 2024 vBulletin Solutions, Inc. All rights reserved.