My daughter was bit by dog

[pls5286]

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

On Friday my 8 y/o daughter was riding her bike in my mom's yard when our neighbor's dog came up in my parent's yard and bit her on the leg. This dog has snapped at all the kids for no reasons at various times in our yard. We live next door to my parents. We have asked the owner to keep the dog off of our property without success.

We took my daughter to the emergency room to be treated for the bite because her doctor was closed for the day and a report was filed about the bite. She has a small puncture below her knee and is on antibiotics for 10 days for infection. The emotional scars are much greater at this point. She is terrified of dogs right now and is screaming if she sees one.

Animal Control has the dog under quarantine and is monitoring the dog because the owner cannot verify rabies vax on this dog. At the time of the bite he assured us the dog was vaxed. All other dogs the owner has are vaxed. Animal Control said after 10 days if the dog is still healthy, we have to do nothing as far as rabies shots for my daughter.

What can we do to keep this dog from returning to the owner since it has bitten my daughter, and the owner will not keep the dog from wandering? We don't want there to be a next time because we might not be as lucky as only having a puncture below the knee. The ER physician said my daughter's jeans are what saved her leg from being worse than it is. I am afraid that if the dog returns to our property, either my dad, my husband or my son would shoot it and then we will be dealing with that fall out, as these neighbors would press charges on animal cruelty even though their dog bit my child.

 

[KakitaOCU]

So what did animal control or the police say in regards to this dog being allowed to roam without a leash? How many times has this dog been reported to the police?

Looking up the law over there, I found

Ga. Code Ann. sec. 51-2-7 provides:
A person who owns or keeps a vicious or dangerous animal of any kind and who, by careless management or by allowing the animal to go at liberty, causes injury to another person who does not provoke the injury by his own act may be liable in damages to the person so injured. In proving vicious propensity, it shall be sufficient to show that the animal was required to be at heel or on a leash by an ordinance of a city, county, or consolidated government, and the said animal was at the time of the occurrence not at heel or on a leash. The foregoing sentence shall not apply to domesticated fowl including roosters with spurs. The foregoing sentence shall not apply to domesticated livestock.

The ordinance ground requires proof of two elements. The plaintiff must prove that the animal was not at heel or on a leash as required by a local ordinance, and that the defendant either carelessly managed the animal or allowed it to go at liberty.

 

[swalsh411]

If a dog that already bite my child once stepped foot on my property again while my child was out playing in his own yard I would shoot it.

 

[The_Non-Mom]

Put a fence around the area your kids play in. Isn't this cost worth it to not have to worry about their safety?

 

[TinkerBelleLuvr]

Report the dog EVERY time the dog is off leash. Suggest video taping it also so that the animal control can see it. Make sure that you video tape it with something that can prove date and time.

 

[stealth2]

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

On Friday my 8 y/o daughter was riding her bike in my mom's yard when our neighbor's dog came up in my parent's yard and bit her on the leg. This dog has snapped at all the kids for no reasons at various times in our yard. We live next door to my parents. We have asked the owner to keep the dog off of our property without success.

We took my daughter to the emergency room to be treated for the bite because her doctor was closed for the day and a report was filed about the bite. She has a small puncture below her knee and is on antibiotics for 10 days for infection. The emotional scars are much greater at this point. She is terrified of dogs right now and is screaming if she sees one.

Animal Control has the dog under quarantine and is monitoring the dog because the owner cannot verify rabies vax on this dog. At the time of the bite he assured us the dog was vaxed. All other dogs the owner has are vaxed. Animal Control said after 10 days if the dog is still healthy, we have to do nothing as far as rabies shots for my daughter.

What can we do to keep this dog from returning to the owner since it has bitten my daughter, and the owner will not keep the dog from wandering? We don't want there to be a next time because we might not be as lucky as only having a puncture below the knee. The ER physician said my daughter's jeans are what saved her leg from being worse than it is. I am afraid that if the dog returns to our property, either my dad, my husband or my son would shoot it and then we will be dealing with that fall out, as these neighbors would press charges on animal cruelty even though their dog bit my child.

Has it occured to you or your parents to install a fence? Seriously. This is a no brainer.

 

[Proseguru]

Get a BIGGER dog. And I doubt swalsh would shoot it (he would kill it with his teeth ! And then eat it whole).

Living next to your parents? Your husband must loooove that. That's weird .. really weird.

8 year old daughter afraid of dogs now? I guess she is getting smarter.


My recommendation : sue to owner of the dog ... people love their dogs but love their money even more... he'll keep it tied up after he loses some cash.

 

[Proseguru]

Put a fence around the area your kids play in. Isn't this cost worth it to not have to worry about their safety?

No .... one cannot protect kids against everything in the world. A bloody nose, scrape, minor injury now and then is part of growing up. Its time that the 8 year old starts learning that the world can harbor dangers.

 

[stealth2]

No .... one cannot protect kids against everything in the world. A bloody nose, scrape, minor injury now and then is part of growing up. Its time that the 8 year old starts learning that the world can harbor dangers.

And that life isn't fair.

 

[The_Non-Mom]

No .... one cannot protect kids against everything in the world. A bloody nose, scrape, minor injury now and then is part of growing up. Its time that the 8 year old starts learning that the world can harbor dangers.

Obviously a fence will not protect them from every scrape or bump but it will keep the neighbor's dog out of the yard. As stealth said, this is a no brainer.

 

[pls5286]

Thank you for your advice. Animal control has deemed the dog a vicious animal and will not let the dog be returned to its owner. For the poster asking about living next door to my parents. We live on a 40+ acre farm and while it is next door, we cannot see my parents house. We still have our privacy.

I realize that I cannot protect my kids from every bump and bruise in life. I do not keep them in a bubble. My oldest is 15 and has endured 3 sets of stitches, and one broken ankle. The ankle was a result of flag football. I let my kids be kids. I do however believe that they should be allowed to play outside and not be bitten by the neighbors dog. Why should I have to fence in my kids?

 

[Bluecheese]

I cannot give legal advice but would like to comment..... Why would anyone suggest a fence? Yes that will keep the dog out of the fenced area but what about the rest of the yard or the street? Should everyone put up a fence? What about the bus stop? What if the child wants to walk to a friends house? If a fence is the answer then I guess we should put people in jail to protect them from criminals!

 

[nextwife]

Wouldn't pepper spray be more effective than a fence? It' s portable, and one only needs to use it when they need it.

And, repeated reports every time the dog is at large. Even an awesome, mellow, friendly dog should not be at large in the street, it puts the dog at risk.