Holding a Viciuos dog owner responsible for his dog mauling two people in a year?.

[twallace]

What is the name of your state (only U.S. law)? I live in Lake Elsinore Ca. I was mauled by a Pitt bull Jan,7 2015. I was going to visit someone on the property and was never told there was a vicious dog there I was holding my little Dog when I saw the dog head butt the gate and was on me and ripping my arm open I had to have 4 hours of surgery and I'm still in a lot of pain due to nerve damage. The dogs owner has no insurance and is trying to blame me. and has sent me threating text . I have a attorney but its a slow pros. The Dog mauled once more just last week this time the person had his nose ripped off both arms are fractured and he has no skin left on his hands. I went to animal control and begged them to put the Dog down and all they did was put the dog on probation for 36 months how can I hold the Dog owner and animal control accountable? Any Help would be helpful thank you. sincerely.Tee

 

[CdwJava]

Animal Control is not to blame. But, you can make a claim and sue the dog's owner, if you wish ... and, if you believe they have the ability to pay any award. You may have to pay many thousands of dollars up front to sue, but, you can. On the other hand, if the damages are low enough you can make the claim in Small Claims court.

 

[quincy]

What is the name of your state (only U.S. law)?

... I have a attorney but its a slow pros ... how can I hold the Dog owner and animal control accountable?

The question you ask here is better asked of your attorney. S/he has all of the facts necessary to know how (or if) you can hold the dog owner and/or animal control accountable.

I wish you a full recovery.

 

[twallace]

The question you ask here is better asked of your attorney. S/he has all of the facts necessary to know how (or if) you can hold the dog owner and/or animal control accountable.

I wish you a full recovery.

I'm asking because I'm not getting any answers from my attorney and thinking maybe I need a new one someone more aggressive.

 

[CdwJava]

Civil suits ARE slow processes. Expect the process to take a couple of years, at least. Small Claims might be faster, but, if your damages are significant, then of course you need that attorney.

Does the dog owner have the capability to pay any award and attorneys fees IF you prevail? Keep in mind that this lawsuit may cost you about $20,000 at the start.

What ARE your damages?

 

[quincy]

I'm asking because I'm not getting any answers from my attorney and thinking maybe I need a new one someone more aggressive.

Here is a link to Lake Elsinore's Animals and Animal Control Ordinances. You might want to read 6.04.250 on Vicious and Unsafe Dogs.

http://www.codepublishing.com/CA/LakeElsinore/html/LakeElsinore06/LakeElsinore0604.html

It is possible that Animal Control investigated the dog attacks and reviewed the matter and, if the dog was confined to his own fenced yard, Animal Control might have decided that those who were injured could be considered trespassers and the dog not so much an aggressor or vicious but rather a protector of the home and family. But I don't know.

That is why your attorney and the answers he can provide to you will be better than any you can receive on a forum. We do not have access to all of the facts necessary to know what is going on with the dog, the dog's owners and the legal actions that are or are not being taken against them.

If you are not happy with your current attorney, however, you can consider firing him and starting all over with a new one - but I suspect that if you ask the attorney the question flat out (i.e., "Why isn't the dog being euthanized?"), the attorney might provide you with an answer.

I am sorry you were injured as badly as you were. I hope you recover fully. Good luck.

 

[twallace]

Civil suits ARE slow processes. Expect the process to take a couple of years, at least. Small Claims might be faster, but, if your damages are significant, then of course you need that attorney.

Does the dog owner have the capability to pay any award and attorneys fees IF you prevail? Keep in mind that this lawsuit may cost you about $20,000 at the start.

What ARE your damages?

This Dog owners the biggest jerk ever and has no intension of paying me one cent .And that's why I wish he could be charged with some kind of crime. If some one was to hit you with a machete knife in the arm it would be about the same kind of damage I have from that Dog and still do. So between the Hospital bills and physical therapy Ill wait as long as I have too for some kind of settlement. It happened on his Grandmothers property so I'm suing her also them keeping that Dog was a slap in the face for me and look what happened this other persons in the hospital fighting for his life. Why would anyone want a Dog like that and the only thing I could think of is he has no compassion for anyone. The Dog owner made that Dog vicious he needs to be accountable.

 

[CdwJava]

This Dog owners the biggest jerk ever and has no intension of paying me one cent .And that's why I wish he could be charged with some kind of crime.

I don't see that a crime was committed. So, you are limited to a lawsuit.

If some one was to hit you with a machete knife in the arm it would be about the same kind of damage I have from that Dog and still do.

Since he did not sic the dog on you he did not commit a violent assault upon your person. It's not the same thing as swinging a machete at you.

So between the Hospital bills and physical therapy Ill wait as long as I have too for some kind of settlement.

How much did all that cost YOU. Not, how much did it cost your insurance company, how much did it cost YOU out of pocket? If $10,000 or less this is a Small Claims matter.

http://www.courts.ca.gov/1062.htm

It happened on his Grandmothers property so I'm suing her also them keeping that Dog was a slap in the face for me and look what happened this other persons in the hospital fighting for his life. Why would anyone want a Dog like that and the only thing I could think of is he has no compassion for anyone. The Dog owner made that Dog vicious he needs to be accountable.

If he were to allow the dog to run wild or it breaks out of the yard, I would see your point and it is likely that something else might have happened here. As it is, the dog does not appear to be facing capital punishment and the owner is not facing any crime. You can sue, but that will take a long time unless they settle, and may cost you far more than your actual damages in an effort to get an award.

What does your attorney say about your chances of prevailing? has he told you how much he wants for a retainer to pursue the claim? And what are your damages??