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Pitt Bull attacked my dog, owners aren't being cooperative...

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ladyamos

Junior Member
What is the name of your state (only U.S. law)? Kentucky (city is Ashland)


Hello all, and thanks for taking the time to view my post. I’ve found the forums here very helpful in the past and thought I would see if any of you could offer up some advice on a situation that I have encountered. (Sorry the post is so long, just wanted to include as much detail as possible)

Around midnight on 4/27 I was walking my dogs (2 shih tzus) on their normal route (we live in a set of townhomes, there is a huge backyard—but they prefer to walk on pavement, so I take them to this huge parking lot that is adjacent to the backyard) and both were leashed. I’m finishing up a Master’s degree, so their walks aren’t at any set time—they basically go out on my schedule. Anyway, when me and my fur babies got to the parking lot, a Pit Bull ran up to my male Shih Tzu and growled for a second. I immediately froze in fear. Approximately another second or so later, the Pit Bull literally picked up my dog by his neck, like he was a chew toy! I let go of the leash and it retracted, I then grabbed my dog away from the Pit Bull, in the process of doing this, the Pit Bull starts growling at me. (side note: We are under 24-hour surveillance, so this entire incident/attack is on film.)

The next thing I know a lady (the dog’s owner) comes out and starts screaming for him. I of course was very upset over the situation, and fearful for my dog’s safety. We ended up exchanging a few, not-so-kind words, and I told her that there is a leash law in the city limits of Ashland. Anyway, I get back in the house and notice that the Pit Bull actually broke my dogs collar and there were bite marks on his neck—blood came to the surface, but he wasn’t bleeding. My ex-husband is staying with me, and when I got back in the house he asked what all the commotion was about. I explained the situation to him and he went to her unit and told her that she needed to leash her dog and that our dog was going to need a trip to the vet because of the incident. They ended up getting into a heated argument, it was so loud, I came out and she literally starting “sic’ing” (spelling?) her dog on my ex-husband.

I immediately called 911. A cop promptly arrived, (prior to him arriving I did call my landlord to advise him of the situation). The officer filled out a report after speaking with both parties. He stated in the report that she was upset at the time the interaction occurred because myself and my ex-husband were both very livid, and didn’t use the best words when approaching her. But she would “foot the bill” for the vet visit.

I love my dogs, they are like kids for me; I couldn’t imagine going through a day without them—and I most certainly would not want anything to happen to anyone else’s dog, but I felt like I had no other choice than to call Animal Control. Animal Control said that they would not take the dog from her unless there were 2 documented incidents such as this one, which I found reasonable, even though I do not want to risk this happening again. So, the Dog Warden came out and filed a report. He is going to cite her for not having a leash and let her know that the incident has been reported and a record exists. He’s not been able to get a hold of her yet.

My landlord isn’t local, and travels out of the country often for work. As I stated, I did inform him of the situation prior to the cops arriving. For some reason, he felt the need to appoint a “mediator”, whom happens to be a 22-year-old kid whose extremely rude, and get this…he’s a tenant as well and is next door neighbors with the owners of the Pit Bull. So yesterday evening the “mediator” came and knocked on my door, and said that effective immediately that all dogs are to be leashed while outside. I told him that wasn’t an issue whatsoever for me, my dogs are always leashed, and were at the time of the incident. He then went on to mention the heated argument that I had with the lady when the incident occurred, and expressed that he didn’t appreciate my choice of words—I told him the landlord was aware of everything and that I really didn’t feel like any of this was his business and I was too busy to talk to him.

About an hour later the “mediator” comes back with the Pitt Bull’s owner and her husband. They requested to see copies of my dog’s medical records. I told them that I do not have copies of their medical records, because I don’t—just shots, vaccines, and what not. The husband said that he was willing to pay 50 percent of the vet bill. I told him that under no circumstances would I accept that offer, as his wife had stated the night before (and it’s on the police report), that she would cover the vet costs. He proceeded to get very ill tempered with me and said that as a pet owner it’s my responsibility to pay to have my dog taken to the vet. I told him as a pet owner it was his responsibility to ensure that his dog was leashed or this would have never happened in the first place. He gave me his number and said to call or message him with how much it’s going to cost.

I called my vet to see how much pricing would be—after speaking with my vet I contacted the Pit Bulls owners and relayed to them that the vet’s office would require that they contact them with a payment method prior to the exam, as they’re not able to determine cost over the phone without an exam/diagnosis. (They wouldn’t answer my calls, I sent this in text message, and I know that they received the message as I have an iPhone, as do they, and it clearly shows in the body of the conversation the message was read).

I’ve sent 2 other messages today and they’re still not responding. I was laid off from my job in March and don’t start my new job until May. I am receiving unemployment benefits, however, I cannot afford to take my dog to the vet currently. I don’t have the money. I do feel that he really needs to be seen soon, he’s having spasms in his back and keeps jerking.

Can anyone offer up some advice on what I can do? The neighbors’ aren’t being cooperative at all. I just want my dog taken care of, by no means am I seeking to get any money whatsoever out of this.
 


Zigner

Senior Member, Non-Attorney
If the neighbor refuses to reimburse you for the vet visit, then I'd suggest that you sue the neighbor in small claims court. Unfortunately, the more you hem and haw about this, the harder it's going to be for you to collect anything from the neighbor.



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


Hello all, and thanks for taking the time to view my post. I’ve found the forums here very helpful in the past and thought I would see if any of you could offer up some advice on a situation that I have encountered. (Sorry the post is so long, just wanted to include as much detail as possible)

Around midnight on 4/27 I was walking my dogs (2 shih tzus) on their normal route (we live in a set of townhomes, there is a huge backyard—but they prefer to walk on pavement, so I take them to this huge parking lot that is adjacent to the backyard) and both were leashed. I’m finishing up a Master’s degree, so their walks aren’t at any set time—they basically go out on my schedule. Anyway, when me and my fur babies got to the parking lot, a Pit Bull ran up to my male Shih Tzu and growled for a second. I immediately froze in fear. Approximately another second or so later, the Pit Bull literally picked up my dog by his neck, like he was a chew toy! I let go of the leash and it retracted, I then grabbed my dog away from the Pit Bull, in the process of doing this, the Pit Bull starts growling at me. (side note: We are under 24-hour surveillance, so this entire incident/attack is on film.)

The next thing I know a lady (the dog’s owner) comes out and starts screaming for him. I of course was very upset over the situation, and fearful for my dog’s safety. We ended up exchanging a few, not-so-kind words, and I told her that there is a leash law in the city limits of Ashland. Anyway, I get back in the house and notice that the Pit Bull actually broke my dogs collar and there were bite marks on his neck—blood came to the surface, but he wasn’t bleeding. My ex-husband is staying with me, and when I got back in the house he asked what all the commotion was about. I explained the situation to him and he went to her unit and told her that she needed to leash her dog and that our dog was going to need a trip to the vet because of the incident. They ended up getting into a heated argument, it was so loud, I came out and she literally starting “sic’ing” (spelling?) her dog on my ex-husband.

I immediately called 911. A cop promptly arrived, (prior to him arriving I did call my landlord to advise him of the situation). The officer filled out a report after speaking with both parties. He stated in the report that she was upset at the time the interaction occurred because myself and my ex-husband were both very livid, and didn’t use the best words when approaching her. But she would “foot the bill” for the vet visit.

I love my dogs, they are like kids for me; I couldn’t imagine going through a day without them—and I most certainly would not want anything to happen to anyone else’s dog, but I felt like I had no other choice than to call Animal Control. Animal Control said that they would not take the dog from her unless there were 2 documented incidents such as this one, which I found reasonable, even though I do not want to risk this happening again. So, the Dog Warden came out and filed a report. He is going to cite her for not having a leash and let her know that the incident has been reported and a record exists. He’s not been able to get a hold of her yet.

My landlord isn’t local, and travels out of the country often for work. As I stated, I did inform him of the situation prior to the cops arriving. For some reason, he felt the need to appoint a “mediator”, whom happens to be a 22-year-old kid whose extremely rude, and get this…he’s a tenant as well and is next door neighbors with the owners of the Pit Bull. So yesterday evening the “mediator” came and knocked on my door, and said that effective immediately that all dogs are to be leashed while outside. I told him that wasn’t an issue whatsoever for me, my dogs are always leashed, and were at the time of the incident. He then went on to mention the heated argument that I had with the lady when the incident occurred, and expressed that he didn’t appreciate my choice of words—I told him the landlord was aware of everything and that I really didn’t feel like any of this was his business and I was too busy to talk to him.

About an hour later the “mediator” comes back with the Pitt Bull’s owner and her husband. They requested to see copies of my dog’s medical records. I told them that I do not have copies of their medical records, because I don’t—just shots, vaccines, and what not. The husband said that he was willing to pay 50 percent of the vet bill. I told him that under no circumstances would I accept that offer, as his wife had stated the night before (and it’s on the police report), that she would cover the vet costs. He proceeded to get very ill tempered with me and said that as a pet owner it’s my responsibility to pay to have my dog taken to the vet. I told him as a pet owner it was his responsibility to ensure that his dog was leashed or this would have never happened in the first place. He gave me his number and said to call or message him with how much it’s going to cost.

I called my vet to see how much pricing would be—after speaking with my vet I contacted the Pit Bulls owners and relayed to them that the vet’s office would require that they contact them with a payment method prior to the exam, as they’re not able to determine cost over the phone without an exam/diagnosis. (They wouldn’t answer my calls, I sent this in text message, and I know that they received the message as I have an iPhone, as do they, and it clearly shows in the body of the conversation the message was read).

I’ve sent 2 other messages today and they’re still not responding. I was laid off from my job in March and don’t start my new job until May. I am receiving unemployment benefits, however, I cannot afford to take my dog to the vet currently. I don’t have the money. I do feel that he really needs to be seen soon, he’s having spasms in his back and keeps jerking.

Can anyone offer up some advice on what I can do? The neighbors’ aren’t being cooperative at all. I just want my dog taken care of, by no means am I seeking to get any money whatsoever out of this.
 

commentator

Senior Member
I find it hard to imagine why the neighbors should pay for your dog's imaginary or far in the future visit to the vet. He suffered no damages in this incident from the sound of it. Dogs don't do "mental anguish" or get to sue for pain and suffering. They don't have PTSD, at least that we can diagnose at this point until they learn English.

Why are you pursuing the whole thing? Keep your ex husband on leash, too. Nobody appreciates someone coming to their door and threatening them because of something like this. Your neighbor was way out of line letting their pit bull off leash where it could attack your dogs. I have owned pit bulls, and you really have to watch them, off leash isn't acceptable, they will want to get violent with other dogs. I agree with this. Thankfully, your dog was not harmed.

But reporting them to animal control, which requires two incidents, and now you've established one, is as far as you need to go. No, I do not think they owe you a free visit to the vet some weeks after the incident. Spasms in his back may or may not be related to this incident, I doubt it, really.
 

tranquility

Senior Member
Can anyone offer up some advice on what I can do? The neighbors’ aren’t being cooperative at all. I just want my dog taken care of, by no means am I seeking to get any money whatsoever out of this.
You're a bit overwrought. Do you have a case? Sure. If all you said is true, you have a right to have the person (though their dogs) who did wrong compensate you for your damages. You called the police. You called animal control. Other than filing a lawsuit if they don't pay what you think you deserve, there is nothing else you can do.

Certainly, the fact of how the other party was confronted will cause problems. I am also concerned that you don't feel the "mediator", no matter the qualifications, is not going to be fair. That alone makes me think there is more going on.

If you have damages from the purported attack, take care of your dog and sue for the cost. Other than that, I don't see there is much more you can do.
 

LdiJ

Senior Member
If the neighbor refuses to reimburse you for the vet visit, then I'd suggest that you sue the neighbor in small claims court. Unfortunately, the more you hem and haw about this, the harder it's going to be for you to collect anything from the neighbor.
While I agree with this, you are expecting the neighbor to basically be prepared to write a blank check, which nobody would ever agree to do. You also haven't taken your dog to the vet yet, and the dog is still alive, so obviously there is no emergency.
 

ladyamos

Junior Member
...

By no means did I expect the neighbor to handover a blank check. My dog is having severe muscle spasm's all down his back to the point that it's making him twitch. Also, there are visible bite marks. I live in a 3 story townhouse, and until this incident occurred my dog was able to run up and down the steps. He can't get up one step now. He cries and screams.

By no means am I trying to make money out of this situation, however, I don't feel that I should be financially responsible for his veterinarian bill the calls my neighbor was careless and did not abide by city ordinances which require all dog owners to have there'll told leashed when outside.


The mediator is a joke to me. They could have communicated with me by phone, email or directly through my landlord. My landlord did state that they advised him they would cover the entire bill, but, they're telling me a different story.

The owner messaged me back shortly after I posted the original post and said they he will pay half of the vet bill IF my dog is still in pain in 3 days. Why should my dog have to suffer got 3 days due to their negligence? I will say it again, by no means am I trying to get money out of this for personal gain. I just want his veterinary bill covered. He would not be in the shape had he not basically been attacked by dog that is 10 times his size I am at the animal emergency room right now, my mother allowed me to use her credit card bc his condition has worsened
 

ladyamos

Junior Member
...

I don't know why, but some of you people really like to get on here and be rude. I'm not trying to sync money out of this, but Cox said that animals are considered personal property in law-enforcement, and that the owner would be responsible for his vet bill. I am simply asking what I can do to be reimbursed for what I am about to pay. The owner of the pitbull says he will only pay half of the bill
 

quincy

Senior Member
... I am simply asking what I can do to be reimbursed for what I am about to pay. The owner of the pitbull says he will only pay half of the bill
Zigner told you what you needed to do in his first response to your question.

When you have copies of your dog's veterinary bills that relate to the pit bull attack, you present them to the owner of the pit bull and ask to be reimbursed. If the pit bull owner refuses to reimburse you for the costs of veterinary care for your dog, you will have to take the pit bull owner to court.

Good luck.
 

AdoptADog

Member
First and foremost is getting your dog taken care of. Just because you are arguing over the responsibility for the bill, you stll need to see to your dog.

Also, the longer you wait, the less it appears to be an emergent situation. Have the dog seen to, then take the other dog owner to court over the bill if you have to. I do hope you dog is not seriously injured.
 

ladyamos

Junior Member
Thanks

Thanks for your response. We ended up with a 340 dollar bill. He's got pulled muscles and was prescribed pain meds and a muscle relaxer for dogs. So, do I have to take this to small claims court or is there another way?
 

Zigner

Senior Member, Non-Attorney
Thanks for your response. We ended up with a 340 dollar bill. He's got pulled muscles and was prescribed pain meds and a muscle relaxer for dogs. So, do I have to take this to small claims court or is there another way?
Now that you actually have a bill, have you asked them to pay it in full. Perhaps a day for them to think about it would have straightened their thinking out. If they still refuse, then yes, small claims is the way to go.
 

AdoptADog

Member
I am glad that your dog has been seen to. You indicated that your landlord was willing to pay half, and the dog owner is willing to pay half. If that comes to fruition that would make you whole. Are you ok with that?
 

quincy

Senior Member
Thanks for your response. We ended up with a 340 dollar bill. He's got pulled muscles and was prescribed pain meds and a muscle relaxer for dogs. So, do I have to take this to small claims court or is there another way?
On the chance that the pit bull owner refuses to pay all or half of your dog's veterinary expenses related to the attack, here are links to information on small claims actions in Kentucky, the first link to the Kentucky Office of the Attorney General's Small Claims Handbook and the second link to the Kentucky Legal Aid Society:

http://courts.ky.gov/resources/publicationsresources/Publications/P6SmallClaimsHandbookweb.pdf

http://kyjustice.org/node/1859

I hope that the pit bull owner will be reasonable so that you do not have to resort to a court action. Good luck.
 
If your dog is "having spasms in his back and keeps jerking" as you described, please get him to a vet ASAP! Many communities have low cost vet facilities based on ability to pay. Check around. If he doesn't get checked by a vet, things could get worse for him. He may be in pain, and many times dogs will not show that they are in pain. They suffer in silence.

Please get him to a vet!
 

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