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 Message Boards » » TWW lawyers: Questions on dog attack Page [1]  
ShawnaC123
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So a couple hours ago my dog was attacked by another dog. I rushed her to the vet and the bills are going to be around $1200.

I went back and got the dog owner's information but didn't tell her how much the vet bill would be. To be honest, they don't seem the type that would have that kind of money lying around. So questions:

1)Would it even be worth it pursue a small claims action against her if she probably doesn't have assets? Would they place a lien against her tax return or something so I could get my money?

2)There was a guy that probably lived near the dog owner that helped during the incident. Should I try to locate him in case I need to pursue legal actions?

3)Should I file a police report? If so, how do I do this? Just drive to the police station and tell them I need to make a report?

4/24/2016 7:58:55 PM

TreeTwista10
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They'll be more likely to pony up the money if they think Animal Control is going to take their dog

4/24/2016 8:31:15 PM

GrimReap3r
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I hope you dog is ok or going to be ok.

What kind of dogs are we talking about?

4/24/2016 8:50:51 PM

BridgetSPK
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Damn. I'm sorry that happened, and I'm glad your dog is okay.

4/24/2016 9:04:08 PM

ShawnaC123
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Thanks. She actually has cancer and may not make it through the anesthesia because she had a couple of lung lobes taken out last month but I guess I'll know soon.

My dog is a miniature schnauzer. Not sure about the other one. It's about 50 lbs and has short brown and white hair.

[Edited on April 24, 2016 at 9:23 PM. Reason : Edit: Vet just called and I can pick her up. Yay.]

4/24/2016 9:18:32 PM

BigMan157
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4/24/2016 10:22:53 PM

scotieb24
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Sorry I can't help. Good luck though

4/24/2016 10:51:45 PM

stategrad100
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Uh... Okay. The Industrial Revolution to me is just like a story I know called "The Puppy Who Lost His Way." The world was changing, and the puppy was getting... bigger.

So, you see, the puppy was like industry. In that, they were both lost in the woods. And nobody......."society" - knew where to find 'em. Except that the puppy was a dog. But the industry, my friends, that was a revolution.

4/25/2016 12:27:40 AM

justinh524
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KNIBB HIGH FOOTBALL RULES

4/25/2016 10:05:47 AM

Str8BacardiL
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I am sorry to hear about your dog.

If you are able to obtain a judgement against someone who owns property the judgement can attach to the property so that if it is ever sold the judgement must be paid out of the proceeds. There are ways people can get out of this but other than that its hard to extract money from people in NC who refuse to pay. NC generally only garnishes wages for child support or tax money.

I think you will need to file a police report or with animal control to ensure everything is documented. You do not need a lawyer for small claims court in NC, but the loser can appeal that ruling as well and then both sides need a lawyer so even that is not a guarantee.

Did the attack happen on your property, a public street, or the owner of other dogs property?

4/25/2016 11:00:05 AM

FroshKiller
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Paging Kerpal.

4/25/2016 11:08:56 AM

ShawnaC123
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^^Thanks for the response.

It happened on a public street. They live in an apartment complex right next to the street where I was walking my dog. They probably don't own any property of any value. I feel like I'm unlikely to ever get any money from them.

I could tell they were worried about their dog getting euthanized so I feel kind of bad but that shit was terrifying and I'd feel bad if anyone else had to go through an unprovoked dog attack like that so I definitely want to report that to animal control now.

My dog doesn't have much longer to live and she's in so much pain now. I feel like some of her last days are being robbed from me.

[Edited on April 25, 2016 at 11:09 AM. Reason : caret]

4/25/2016 11:09:30 AM

EMCE
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sorry Shawna

If the owner of the other dog does live in a rental, they may also have renters insurance which would cover their pet. Now, without being able to show fault on their end (previous violent encounters, dog not on a leash, etc..) the insurance company might tell you to go pound sand.

4/25/2016 11:18:39 AM

ShawnaC123
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Well the dog wasn't on a leash. I guess maybe I should track the dude down that saw it so he can back me up if need be.

4/25/2016 12:04:29 PM

EMCE
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If their dog wasn't on a leash, you probably have a pretty damn strong case that their dog was the instigator/aggressor. That should be enough for their insurance company to pay your vet bills.

4/25/2016 12:20:54 PM

rjrumfel
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They were being idiots for not having a leash on their dog. Our dog will growl at a larger dog when one gets near, however we always have leashes and I do everything I can to keep other dogs away. I can't help it if an idiot owner lets their dog walk up to a strange dog they don't know.

They'll be paying a "stupid" tax.

The bigger question is though, how much will it cost you to pursue litigation? And can they pay, or have the assets to pay the vet bills plus yours and their legal costs? If they live in an apartment, it isn't like they have homeowners insurance you could sue, and I don't know if renters insurance covers that sort of thing.

4/25/2016 12:39:17 PM

justinh524
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was your dog on a leash?

4/25/2016 12:47:20 PM

wdprice3
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Should have called animal control when it happened so that there is a record of it; the other party would also likely receive a citation for their dog being off leash. The dog would not be euthanized for fighting with another dog; this shit happens all of the time. Unless wherever you live has some strict damn ordinances.

As far as action against the other party, you should first give them a copy of the bill and ask for them to pay it. If that doesn't work, you'll need to go to small claims court; but without a AC record, this may be tough.

[Edited on April 25, 2016 at 1:55 PM. Reason : .]

4/25/2016 1:53:19 PM

krallum2016
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Give them the $1200. That's what Jesus would do

4/25/2016 2:00:00 PM

afripino
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Your roads are fine.

4/25/2016 2:08:18 PM

EMCE
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For real, if they have renters insurance, the insurance company's goal is going to be to protect their client and clients property. If they are faced with the facts (their clients dog not on a leash), they would be absolutely insane to allow this to go to court. To them, court means getting animal control involved, paying court costs, the costs of an attorney, and paying vet bills when they lose.
It would be much better for them to just pay you to go away before the situation gets escalated. If the city in which you live is like just about every other city, then they have leash laws. It should be relatively simple to show fault in this case.

4/25/2016 2:35:00 PM

PaulISdead
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Who let the dogs out?

4/25/2016 3:00:21 PM

synapse
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I would be surprised if they have renter's insurance

4/25/2016 3:41:00 PM

ussjbroli
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Some complexes require it now

4/25/2016 4:01:43 PM

krallum2016
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Everywhere I have ever rented required renter's insurance, even the two houses I've rented from individuals. I don't remember exactly how much but, mine is not very expensive if I recall correctly.

4/25/2016 4:04:44 PM

ShawnaC123
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Yeah my complex requires renters insurance. I have no idea if theirs does. I'm not sure if the dog owner technically even lives there because it was her sister that was there at the time and they said their mom was also there and three kids so I'm not sure if all six of them live in an apartment that can't be more than 2 bedrooms.

To clarify: my dogs were on leashes when their dog got out of the apartment unsupervised and ran up and attacked one of my dogs.

When it happened it was 7:30 pm on a Sunday and my dog was bleeding a lot so my concern was getting her to the vet, not waiting around for the cops or animal control.

4/25/2016 7:26:31 PM

drtaylor
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For some reason I feel like I read something that pets only have replacement value in regards to damages in situations like this. It's been decided that way in NC. Thinking hard I may have been researching my downside for resolving a neighbor situation a few years back.

I'm almost 100% sure you won't get the vet bill. I'm pretty sure you won't get anything if the animal lived.

I think if your dog died you could maybe sue for "replacement" value, but based on the person on the other side you will probably just wind up with a judgement and no money and inconvenience yourself more than the other person.

I'd just get your dog patched up and save yourself additional stress and move on.



[Edited on April 25, 2016 at 9:58 PM. Reason : Not a lawyer. Feremulon]

4/25/2016 9:57:05 PM

jtdenny
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I'm sorry about your dog

I hope you track down the witness, file a complaint with animal control and their apartment manager. Even if you can't get all $1200, they should be held responsible in every way possible.

4/25/2016 10:21:43 PM

MrGreen
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consider it karma for never picking up your dog's shit

4/25/2016 11:15:05 PM

TreeTwista10
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also

4/26/2016 1:47:00 AM

wdprice3
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Quote :
"For some reason I feel like I read something that pets only have replacement value in regards to damages in situations like this. It's been decided that way in NC. Thinking hard I may have been researching my downside for resolving a neighbor situation a few years back.

I'm almost 100% sure you won't get the vet bill. I'm pretty sure you won't get anything if the animal lived.

I think if your dog died you could maybe sue for "replacement" value, but based on the person on the other side you will probably just wind up with a judgement and no money and inconvenience yourself more than the other person.

I'd just get your dog patched up and save yourself additional stress and move on."



You can be reimbursed for vet bills, or other necessary direct costs related to the event. This has nothing to do with replacement value.

AXE ME HOW I KNOW

[Edited on April 26, 2016 at 8:41 AM. Reason : add another note]

4/26/2016 8:40:59 AM

BigMan157
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how do you know?

4/26/2016 8:44:54 AM

jbrick83
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You can definitely get Vet bills if the person has the money. But sometimes the time and effort isn't worth it (small claims can be a pain in the ass). I recommend asking them to pay the vet bills and you won't report the bite. If they refuse, just take the L...especially in your situation. I imagine you would like to spend as much time with your dog in these last days instead of fighting these dumbasses for money.

Sucks about your dog. I hope you can experience some good moments in these last days/weeks/months.

4/26/2016 8:46:34 AM

wdprice3
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In all likelihood, this bite means very little in the legal world, assuming both dogs are UTD on their rabies vaccines. Dogs biting dogs just isn't much of a legal issue. You guys are thinking of dogs biting humans.

[Edited on April 26, 2016 at 8:56 AM. Reason : oh dag]

4/26/2016 8:56:12 AM

afripino
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It's not really your place to seek justice in what is clearly an animal kingdom issue.

4/26/2016 1:57:44 PM

ShawnaC123
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I did some Facebook stalking and I think this is the dog that did it.

[Edited on April 26, 2016 at 5:24 PM. Reason : J]

4/26/2016 5:23:28 PM

krallum2016
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I did not expect this to be a white dog

4/26/2016 5:28:33 PM

TreeTwista10
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looks like a lab/pit mix

4/26/2016 9:23:46 PM

EMCE
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^^ hahahaha

4/26/2016 9:42:01 PM

alfredough
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Sorry to hear about your dog. Has the vet work already been done? I probably would have called the police when I got home to get a police report and the person's info. Then, if you can't afford the vet bills you could go to small claims court or if you make good money, you could lawyer up. At the very least, if something happens to your dog because of this, I would go back to that person's apartment and tell them what happened, make them feel bad and maybe they'll keep their dog on a leash next time so this doesn't happen to another dog.

[Edited on April 27, 2016 at 11:26 PM. Reason : ]

4/27/2016 11:24:50 PM

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