Careless Dog Owner

Around where I live there are way way to many irresponsible dog owners who let their dogs run loose, mostly at night. 

 I've been lucky so far, had no bites but many close calls.

why would you sue for a nip?

sounds like you and the neighbor aren't that neighborly. have you talked to him/her?

i've had encounters with ppl's dogs before, an if I ever got nipped, i'd march right over to the house and have a talksie. now, if the dog bit my hand off, that's a different story.

sue for a substantial amount, though?  for a nip? thank goodness you're not my neighbor...

oh, i just noticed you're from NY...

Just an FYI ---- if you make a ton of noise, they'll put the dog down.

It sucks that you got bit, but IMHO, I wouldn't make a big deal about it.

I'd contact the owner and talk about your out of pocket expenses, and see if you can settle something without the courts' involvement.

Have you ever gone to civil court? Lawyer's fees aren't cheap, and even if you win, good luck collecting on a judgment.  The defendant doesn't just open up his check book and write a check
To: Plaintiff
In the amount of: what the Judge said.

good luck.

Wow.  That's awful.

Here's my perspective ... I own two huge dogs.  I wouldn't let them run loose - just because it's totally irresponsible and dangerous, not to mention that they might get hit by a car...

If it was me and my dog nipped you, I would hope you'd come to me first.  I would cover costs, it would be my fault in this case.  That's assuming the person with the GSD is reasonable.  Also,  (as another poster mentioned) I'm guessing if you report it they will destroy the dog.  Since it was a nip and they backed off I'm assuming it was a "chase the moving target" thing and not a "vicious" thing....

I was bitten a couple years ago by a guy who's dog was off leash and attacked my dog.  (Being bitten was my own fault - stuck my hand in a dog fight.)  I just wish he had stuck around.  I didn't report it and it wasn't deep - but it did break skin and I would have liked to have known if the dog was up to date on shots.

I don't intend to, but my wife wants me to look into it.

Not really my neighbor, and, as it happens, I do know the dog owner's next door neighbor who told me it would be a waste of time to talk to her.

Again, I don't actually intend to sue, just get reimbursed for my out of pocket expenses. I don't think there would be any trouble if you and I were neighbors since I assume you would abide by the leash law we have here in my town. Plus we could train together, so we could be friends.

oh, i just noticed you're from NY...

Yes, I am, and very proud of it

Anthony

Great job finishing the run after the adversity.  I might try talking to the owner before talking to an attorney.

thus way I carry pepper spray not for people but for dogs...i've used it twice and started after a dog ran after me.

sue for a substantial amount?

for what?  try and get your medical expenses covered by going to them.  if they dont pay, go another route.

personally, i wouldn't sue for something like that, though i' probably be just as PO'd as you....

I own a dog and consider myself a responsible dog owner.  She is always on leash unless we are at an off leash area.  That said though, if my dog had chased you and nipped you, I would definitely hope you would come to me even before filing a police report...let alone filing a lawsuit.  Now, if I was a total jerk about it and denied any responsibility, I think you would have every right to file a report or at least sue to recover your medical bills.  

 We live in such a litiginous society.  It is sad that people feel the need to take things to the next level before even attempting to approach the source.  Do you know for a fact that this dog owner would deny responsibility?  I know that it must have been frightening and very disturbing to have this happen to you.  Perhaps you can write a letter to your neighbor and include copies of your medical bills.  It seems that if you live near this person, it might be the best way to avoid future animosity AND you might just encourage the neighbor to be more responsible.

 Glad that you are okay.

I've never been bitten but charged multiple times by dogs while riding..one was nipping at my feet. I ride same roads and routes and find it is often the same stupid dog. Owners don't care or change how they leash or don't leash their dog.

I'd go to the owner with police report and ask for out of pocket expenses and if not consider pursuing it.

I'd also ask for copy of proof of rabies vaccination and they refuse contact police or animal control for that town/city.

If you get no where maybe have your attorney friend send them a letter. Honestly I wouldn't want to sue them but scare them a little so they pay up as it was their fault.

Hope you heal up okay.

Sorry to hear that.

From personal experience a dog that is barking is not too dangerous - it's the one who make a beeline for you with no sound or at worst a gutteral growl that mean business. 

As far as suing, I'd let it go. However, I'd let the dog owner know I'd be taking a proactive defensive approach to running past their property in the future, and I'd advise they invest in training or physical/invisible fence to protect their dog.

amschrod - 2009-02-15 4:44 PM

tri_d00d - 2009-02-15 1:51 PM

why would you sue for a nip?

I don't intend to, but my wife wants me to look into it.

sounds like you and the neighbor aren't that neighborly. have you talked to him/her?

Not really my neighbor, and, as it happens, I do know the dog owner's next door neighbor who told me it would be a waste of time to talk to her.

i've had encounters with ppl's dogs before, an if I ever got nipped, i'd march right over to the house and have a talksie. now, if the dog bit my hand off, that's a different story.

sue for a substantial amount, though?  for a nip? thank goodness you're not my neighbor...

Again, I don't actually intend to sue, just get reimbursed for my out of pocket expenses. I don't think there would be any trouble if you and I were neighbors since I assume you would abide by the leash law we have here in my town. Plus we could train together, so we could be friends.

oh, i just noticed you're from NY...

Yes, I am, and very proud of it

Anthony

hehe

just talk to the d00d and see what he says...

if anything, this would go to small claims court (Anthony vs. German Shepard and owner) and could be a possible sentence for that dog. he was just being a dog.

i don't think you'll get megabucks for a nip...even if you do live in NY.

There is a difference --- a rather LARGE one --- between filing charges and suing.

filing charges = criminal, with criminal penalties.

suing = civil, with civil penalties.

I don't understand why you don't approach the neighbor first.  I would be PO'd if I got slapped with a lawsuit before someone talked to me.

Do you have any idea how much attorney's fees are?  If it is criminal, the State will be prosecuting, but if it's civil, you'll have to pay.  You will likely spend more on atty's fees than you'll get in a civil judgment.

Oh, and it's not, sue someone, go to court, get money.

There are hearings and postponements .... it's a total PITA, and completely NOT worth it if you can avoid it.

Courts should be a last resort.

ETA" sue for a substantial amount" -- I doubt any court would award you more than medical expenses.  You likely aren't getting punative damages for this

I can offer you some information from the other side of the foot.

 I have an 80 lb dog.  I was away at a wedding and asked a friend to pick up my dog from the kennel because our flight was late and the kennel had strange pick up hours.  I had done it for him in the past, and didn't think anything of it.

Well, on the way home, my dog saw a woman jogging down the side the side of the road and somehow launched himself out the car window going 35 mphs.  He more scared the hell out of her than anything.  Didn't even get close to her.  He ended up running off into the woods (showed up the next morning 3 miles down the road at the kennel doorstep, his first time there).

The lady, who was a self proclaimed "world-class" athlete twisted her ankle on the side of the hill.  She did this while running on a road with a 35mph speed limit with no shoulder.  Before I knew it, my friend received a letter telling me to contact my insurance because I was being sued.  She obviously didn't feel "threatened" because she never went to the police or filed a report with animal control.  My friend says she was not "world-class" and was probably 5'6" and maybe 160-180 lbs and just seemed to be looking to lose a few lbs (whether true or not I don't know).  As luck would have it, her sister was a lawyer.  I ended up being sued for medical expenses plus $12,500 or what she claimed was her expected loss from not being able to compete.

My insurance company ended up settling for medical expenses and $6250 out of court.  Not once was I ever approached by the woman.  My friend felt horrible about the incident but he couldn't do anything.  He tried using his insurance but they wouldn't do it.  Three months after the incident I get a letter from my insurance company notifying me that I was being cancelled.  I had to get "high-risk" insurance even though it wouldn't cover anything animal related which more than doubled my premiums.

I hated that the incident happened but I really have a dislike for people that ssem to take advantage of situations.  If she had filed a report, that would be one thing...  but all she was looking for was money.

My advice to you if you haven't already done so, is to first find out if there are prior reports against that individual animal. 

If there are reports, then the dog should not have been off leash and you have a right to sue, especially since you were bit.  Shepherds are dangerous animals and could have caused major damage and even death.  The dog unfortunately would have to be put down and suffer the ultimate price for the owners lack of responsibility.  Then you should sue for what you feel you deserve for the pain you have suffered.  What if you were a small child?

If there haven't been prior incidents, pay a polite visit to the owner with someone else waiting (and maybe a tape recorder) and explain the situation, then ask that you feel that you should be reimbursed for your medical expenses.  Depending on the owner's response, you then might have a decision to make.  If I was the owner, I would be go out of my way because it was my fault.

It is an unfortunate situation which luckily did not hurt you severely.  Good luck with your decision.  One more thing, never speed up to run away from a dog, he will win.  Stop and stand your group.

I would just find out if the dog had had rabies shots.  That is me.

When I was 3, I was sitting on the sidewalk with one of my brothers, a dog came running out of the house and bit me on my hip.  My brother dragged me home.  My parents took me to the hospital - it never occurred to them to sue - just the way our family is.

Your medical insurance should cover your expenses and if you don't have medical insurance then get some, or look at that is your medical cost.  stuff happens.

I imagine the dog got out before the owner could get ahold of them. Some dogs just "chase"..... Specially if they have any type of "herding instinct".  Also the nipping is a herding instinct as well...... to keep control.
I can understand talking to the owner who most likely was horrified at what happened, but suing for lots of money etc on something that was probably a mitake or a sneaky dog.......... sounds wrong.

I doubt I'd have gone to the hospital etc with just tiny puncture marks........ and it would be horribly sad to put a dog down for a mistake by the owner. I bet they will not make that mistake again........

That said I am not making light of your scare,  but I think it best to realize that good folks sometimes have bad things happen.  If you heard them scream "kill".......... then you could kick some a$$ lol

I do hope you heal fast and that this never happens to you again !