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My child was attacked by a dog

Looking for resources on what to do next

         

Jane_Doe

5:55 am on Jun 20, 2006 (gmt 0)

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A dog belonging to some people we know recently launched an unprovoked attack on one of my children. The doctor said he should be fine within a week or so and will only have minimal scarring. But for now he can barely walk. It was a pretty terrifying experience for him as well as the rest of the family.

I won't bore you with all of the details, but basically the dog that bit my son is no stranger to animal control and has sent at least one other person to the emergency room, also during a completely unprovoked attack. Just after the dog was released for quarantine by animal control the last attack, the owners brought him to a park and left him unmuzzled and unsupervised right where children were playing, which is where my son was attacked.

The authorities have been contacted and things are moving along there regarding the recent attack on my son, but I'd also like to seek legal advice and possibly civil remedies.

Concern for the safety of others doesn't seem to be a priority for these dog owners, so perhaps concern for their checkbook will have more of an impact. They seem to need some kind of wake up call before the dog eventually maims or kills someone.

I'm not looking for legal advice, but for tips on how to find a good personal injury attorney, and any other resources, suggestions or tips an what else I can do. I want to do everything I possibly can to make sure this dog won't have the opportunity to attack anyone else ever again.

giggle

7:04 am on Jun 20, 2006 (gmt 0)

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Jane_Doe, I'm really sorry to hear about your kid, my best wishes go to him for a speedy recovery.

You've got to press to have the dog put-down. You cannot risk the same thing happening again especially if the dog has bitten someone before.

That's two people in hospital because of that dog, I know that it sounds harsh but people must come first and if the owners are not restraining or muzzling the dog then it has to go.

Jane_Doe

8:33 am on Jun 20, 2006 (gmt 0)

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I know that it sounds harsh but people must come first and if the owners are not restraining or muzzling the dog then it has to go.

They actually tried to discourage me from taking my son to the emergency room, even though he had fang marks and blood dripping down his leg. They said medical care was unecessary and they wouldn't bother!

I found out later that they had complained to a mutual acquaintance about the medical expenses they had to pay from the previous dog bite victim. My friend said they were mad because she went to a regular hospital emergency room instead of going to Kaiser where the victim was a member. Kaiser would have been a lot cheaper. (I suspect the victim may have just gone to the closest emergency room, since she had just been attacked by a dog.) My friend said they showed no remorse for the victim at all. They were just mad about having to pay the bill.

I don't know much about dog laws right now but these people need to somehow be made to realize that they would not have to worry about dog bite victim medical bills if their dog wasn't biting people in the first place.

4css

8:51 am on Jun 20, 2006 (gmt 0)

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They actually tried to discourage me from taking my son to the emergency room, even though he had fang marks and blood dripping down his leg. They said medical care was unecessary and they wouldn't bother!]

HUH? That is like a duh statment. Dogs carry diseases, and cause infections in wounds that aren't properly cared for. Puncture wounds are the worse for infection setting in.

File a police report, Have the dog put down, find out about their insurance covering the animal bites.

My dog was attacked by a pit bull and rotwhiler that got into my fenced yard. They almost killed her. She had wounds they could not stitch that became infected and I had to sit and drain these wounds for days. The ones that were stitched were horrible.

Since the guy was "so nice" about paying for the vet bill with no problem, I decided to drop the charges, not knowing the dogs had previously attacked, and did so once again to a smaller dog, who also survived. Had I pressed charges and stuck with it, that dog would not have been attacked.

If a dog attack can cause that type of infection in my dog, what could it do to your child that they said not to take to the hospital. The did not want you to take your child because there would be ramifications against them. The dog would be in quaratine and not allowe out without someone with it at all times.

And you can request their dog be put down.

I'm so sorry for this. An unprovoked attack shows a dog that is not a good one.

AWildman

11:59 am on Jun 20, 2006 (gmt 0)

10+ Year Member



Perfect example of why dogs should NEVER EVER be off-leash outside the home or a fenced in yard. I own three dogs, and I'm terrified that irresponsible neighbors do NOT keep their dogs restrained so I don't walk my dogs in my neighborhood any more. It is really sad. I truly sympathize for your child.

The dog isn't so much the problem as are the owners. The owners in question should no longer be allowed to own dogs. If the DA does not press to make this so, then the owners will just go out and get another dog and the cycle will repeat. The owners simply don't know how to raise and care for dogs responsibly. Period.

Is the dog in quarantine now after attacking your son? Hopefully, those owners will NOT get the dog back. Please let us know what happens. Best wishes to your son a speedy recovery. If he ever wants to meet nice dogs, let me know!

MamaDawg

12:14 pm on Jun 20, 2006 (gmt 0)

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Those owners should be put down!

Sorry, I'm a dog trainer and that kind of irresponsibility p*sses me off no end! Multiple "incidents" resulting in ER visits and these idiots leave that dog unsupervised around KIDS, no less? That's like waving a loaded weapon around at a school playground!

[I could go on a long rant here, but I'll spare you all ...]

I hope your son's OK ... and I hope he doesn't grow up to hate all dogs, so many of them are wonderful creatures ...

Get a good lawyer! A search for "dog bite lawyer" may turn up someone with experience in this type of case.

[edited by: MamaDawg at 12:32 pm (utc) on June 20, 2006]

trillianjedi

12:25 pm on Jun 20, 2006 (gmt 0)

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Yes, that dog has to be put down (and I'm a dog lover too).

The owners sound irresponsible - they should bring back dog licences!

TJ

Sarah Atkinson

2:04 pm on Jun 20, 2006 (gmt 0)

10+ Year Member



Where do you live?

I think here if a dog attack a kid then it is alomost always put down. Which is sad because most of the time it is the owners fault and not the dogs. Here there has been a lot of media attention srounding dog bits. One man was killed when 2 dogs came into his home and attacked him. A little girls was severly wonded and has undergond many surgerys to repair her face after a dog attacked her while she was playing in her yard. + there were 2 other incedents. local officals here are starting to file criminal complains on the owners. I think the owners of the 2 dogs that killed the man took a reckless manslauter plee.

Jane_Doe

3:15 pm on Jun 20, 2006 (gmt 0)

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Sorry, I'm a dog trainer and that kind of irresponsibility p*sses me off no end! Multiple "incidents" resulting in ER visits and these idiots leave that dog unsupervised around KIDS, no less?

They not only left the dog where kids were playing, but near a walkway where the kids had to pass by to get to a picnic area. The only other way to get to the picnic area was for the kids to walk out into the street. The kids and adults that were there that day actually had to step around the dog, as he was laying in the middle of a relatively narrow path.

The dog owners even had warned at least some of the other parents not have their kids make any sudden moves around the dog and had told them about the previous attack. But they didn't say anything to my family so we were unaware the dog might pose a danger.

AWildman

3:44 pm on Jun 20, 2006 (gmt 0)

10+ Year Member



HOW repugnant that they WARN people about the animal but don't have it sufficiently under control! Good LORD I hope there is justice and that they a) have to pay a fine and all your child's hospital bills, b) get their right to own dogs removed, and c) get jail time and/or probation with community service.

They remind me of that couple in CA that had two pit-bull type dogs that attacked and killed a woman living in an apartment building. The owners blamed the victim! I haven't heard of any cases where the owners were severely punished for dog attacks which is unfortunate because then other irresponsible owners are free to do as they please without fear of punishment.

MamaDawg

4:21 pm on Jun 20, 2006 (gmt 0)

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The kids and adults that were there that day actually had to step around the dog, as he was laying in the middle of a relatively narrow path.

The dog owners even had warned at least some of the other parents not have their kids make any sudden moves around the dog

Geez! So they not only leave the dog unsupervised in the WORST possible location, they KNEW exactly what triggered prior attacks? UN-believable!

Dpeper

4:44 pm on Jun 20, 2006 (gmt 0)

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Most peoples homeowners insurance will cover some of there financial liability in the matter. Maybe file a claim against there insurance?

Jane_Doe

4:45 pm on Jun 20, 2006 (gmt 0)

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They remind me of that couple in CA that had two pit-bull type dogs that attacked and killed a woman living in an apartment building. The owners blamed the victim!

We thought of the similarities with that incident, too. Those dog owners went to some kind of hearing to try to keep the dog from being put down after it had killed someone horrifically. The dog hearing was televised locally. I think their failure to show any empathy for the victim during the course of the hearing may well have influenced the jury pool at their eventual criminal trial. The local media had a field day with their total lack of concern for anyone but themselves and their dog.

I talked to a few lawyers this morning. One thought animal control would probably have the dog put down because of the second attack. She said that in any event it would be declared a vicious dog and the safeguards people have to take then are so expensive most people can't afford to comply and th dogs end up being destroyed instead.

AWildman

5:05 pm on Jun 20, 2006 (gmt 0)

10+ Year Member



I suppose that is a route you can take if the police and/or animal control aren't able/willing to do much. Talk to the media: the local tv news, the newspaper, whatever. If they take an interest in the story, the couple could become most uncomfortable and either do the right thing and get rid of the dog OR move. Not what you'd like to do, but it is a recourse.

There was a couple in my parents neighborhood that had a large black lab mix (likely mixed with a Rottie). They let the dog loose ALL THE TIME saying that dogs need to roam. WRONGO, buddy! If the owners didn't care about the dog attacking someone else, they SHOULD be concerned that the dog could get hurt by any number of means. In any case, my mom called animal control on them SO many times that the people up and moved. Their dog, along with a few other loose dogs, had formed a neighborhood pack and scared the CRAP outta people. Some people just shouldn't own dogs.

engine

5:20 pm on Jun 20, 2006 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



Jane_Doe, I was sorry to hear that.

I do hope the physical and mental scars clear up quickly.

Dangerous dogs (and there are many) require sensible owners. Clearly, in this example, the owner should not be allowed to own any dogs as they have no common sense.
They need to learn from this, and it may be hitting their pocket will get their attention.

Essex_boy

6:40 pm on Jun 20, 2006 (gmt 0)

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File a police report, Have the dog put down - I agree.

I grew up around dogs and my parents had two massive guard dogs in my childhood. Both guard dogs were enormous and savage but ONLY when we were threatened.

I and My school friends used wrestle with them with out injury.

Point here is that there were both well trained, people who drag their dogs up should be put down as well.

AS this has happened before them Id look to sue the owners.

turtlehurricane

7:42 pm on Jun 20, 2006 (gmt 0)

10+ Year Member



Well, put the dog down if it was unprovoked. Sue only for the medical damages. Dont sue for emotional harm and frivolous crap like that. this is the best thing to do.

rocknbil

7:45 pm on Jun 20, 2006 (gmt 0)

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"FRIVOLOUS?" This is one of the few cases where emotional harm applies, this kid is likely scarred for life and at the very least will have a recurring fear of dogs. And it comes out of 100% neglegence, I cannot think of a better situation for such a suit.

Jane I don't know how you contained yourself, "put down" is the lightest term, the dog likely would have left the park in a bag (and me in cuffs) had it been my child.

turtlehurricane

7:48 pm on Jun 20, 2006 (gmt 0)

10+ Year Member



Stuff happens. I was brought up in a family where we dont sue for emotional things because money cant fix emotions. It is quite frivolous in my opinion to do that. Physical damage is something to sue over but, it wont even require a suit because im sure they will turn over the money.

turtlehurricane

7:50 pm on Jun 20, 2006 (gmt 0)

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also, I hope Jane's son recovers well. any injury is very bad news.

woop01

7:55 pm on Jun 20, 2006 (gmt 0)

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Turtlehurricane, a key part of her posts was this…

I found out later that they had complained to a mutual acquaintance about the medical expenses they had to pay from the previous dog bite victim.

If there is proof of this, Jane_Doe would be a fool to not punish the owner legally. There’s a big difference between your responsibilities with a dog that has never shown aggression toward strangers and a dog that has a history. The owner of the dog knowingly endangered the children of their neighbors and should be punished for that beyond simple medical bills.

"Stuff happens” is a good explanation the first time a dog bites a stranger.

The second time "negligence" is a lot more appropriate word.

turtlehurricane

8:00 pm on Jun 20, 2006 (gmt 0)

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It is negligence. Trust me putting the dog down is an extremely good lesson for them and even more effective than a civil suit.

turtlehurricane

8:01 pm on Jun 20, 2006 (gmt 0)

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To bad the dog has to suffer for the owners negligence though. Im sure if it were with responsible owners it would be fine.

woop01

8:06 pm on Jun 20, 2006 (gmt 0)

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When you have a known dangerous dog and continue to keep in the vicinity you are knowingly endangering your neighbors. Your liability for doing that goes far beyond basic medical bills.

I would agree with you if this were the first time the dog attacked somebody. The second time is a completely different situation.

Jane_Doe

9:33 pm on Jun 20, 2006 (gmt 0)

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If there is proof of this, Jane_Doe would be a fool to not punish the owner legally.

I confirmed with animal control today what my friend had told me about the previous bite. The dog has bitten someone else and had been quarantined on that occasion to make sure it didn't have rabies. And yet they still brought it to the park with kids after that and left it unattended.

I asked to file a report beyond what Kaiser sent them regarding the attack on my son. So I'll keep you guys posted on how that turns out.

tbear

9:43 pm on Jun 20, 2006 (gmt 0)

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I go with the advice to have the dog's owner put down!

bunltd

10:32 pm on Jun 20, 2006 (gmt 0)

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Hope your son is better soon, what a scary thing to have happen. There's no excuse for the owner's of that dog - none.

LisaB

Jane_Doe

11:01 pm on Jun 20, 2006 (gmt 0)

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I just wanted to thank everyone for their posts and emails of concern and support. The situtation, besides being painful for my son, has really been emotionally draining.

turtlehurricane

1:18 am on Jun 21, 2006 (gmt 0)

10+ Year Member



I remember i was attacked by a dog once. Actually a few times. It is quite scary and I hope your son is doing good. He wont be scarred for life though which is good news.

BillyS

1:20 am on Jun 21, 2006 (gmt 0)

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There are dog bite laws in nearly every state of the nation (if you're in the US). I live in NJ and here is part of the statute:

This New Jersey statute provides that the owner of any dog that bites a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.

We've also got laws concerning vicious dogs:

A dog shall not be declared vicious for inflicting death or serious bodily injury as defined in N.J.S.2C:11-1(b) upon a person if the dog was provoked.

If a dog is declared vicious or potentially dangerous, and all appeals pertaining thereto have been exhausted, the owner of the dog shall be liable to the municipality in which the dog is impounded for the costs and expenses of impounding and destroying the dog.

I happened to research this topic recently and I found that many insurance companies are no longer covering dog bites under a homeowners policy. Still, there is a liability that comes with dogs.

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