Neighbor's dog seriously injured my dog

[Christe_1981]

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

I'm not sure if I'm posting this in the correct forum so I apologize if not, but here goes..

Two weeks ago, my dog was attacked by the neighbor's pit bull. It resulted in extensive injuries to his leg which have amounted to approximately $2,000 worth of vet bills, so far. I'm wondering what, if any, legal rights I have. Here are some of the facts...

- Prior to the incident, the neighbor's dog has been charging our fence aggressively for some time. We've had several visitors who have said that the dog is going to come through the fence someday. My father visited recently and we hadn't even told him about the neighbor's dog. He went in the backyard one day and came back in stating he didn't like the neighbor's dog
- They have a large kennel in the backyard that they put the dogs in sometimes, but on this day they were not in
- On the day of the attack, my dogs were in the backyard and I heard a terrible scream, so I ran outside to find a piece of the fence missing and the pit bull with my dogs leg in it's mouth. It would not let go, and was trying to drag my dog through the hole in the fence. The owner was hitting the dog with a stick but it wouldn't let go. Approximately 5 minutes later she was able to get him off (we have a 6 foot wooden privacy fence, new house, fence in good condition)
- My dog's leg was badly mangled and we had to take him to ER, where he almost lost his leg, but the vet has been able to save it so far
- I called the police when it happened, an officer came out after we had already left to the vet and got the neighbor's statement. They state my dog had been digging by the fence and got his paw under it.. which the pit grabbed on to and then pulled through. The officer never really got our statement, he said he didn't believe any criminal charges were pending. From what it looked like to me with the fence, the fence was broken on their side by their very large pit bull, which left the open part allowing the dog to get my dog's leg.
- The day after, the neighbor's did fix the fence, and also installed a double electric fence.
- We went over to talk to the neighbor, the homeowner, the day after the attack. She stated the dogs belong to her daughter's boyfriend, who lives there. She didn't really know the details of the attack. She stated she didn't believe she was 100% liable. We agreed on 50% they would pay, but the homeowner said since the dogs belong to the boyfriend, she would talk to him to see what he thinks
- It has been over 2 weeks and we have not heard anything else, and they are hardly home for us to talk to

The neighbors claim my dog was in their yard, but I feel this is unfair to say since their dog dragged my dog halfway into their yard. He probably would have pulled him through and killed my dog if my dog had not grabbed onto the runner of the fence and held on with his teeth, causing damage to his mouth as well. I feel like they are 100% responsible for not being able to control their dog. Would it even be worth it for me to hire a lawyer since they seem to be avoiding helping to pay? I think if I did hire a lawyer, I would go for 100% of vet bills, is that reasonable? We had to open a credit card to pay for my dog which must be paid off in 6 months to prevent interest, but I just can't afford that right now and I feel they should help, since their dog did the significant. damage. I don't have an issue with the pit bull breed, but I feel if you are going to have a powerful dog that can do that much damage, you should be able to control it. What if my 5 year old stuck her hand through the fence, does that give the dog the right to mangle her arm?

I need some advice What is the name of your state (only U.S. law)? Texas

 

[Banned_Princess]

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

I'm not sure if I'm posting this in the correct forum so I apologize if not, but here goes..

Two weeks ago, my dog was attacked by the neighbor's pit bull. It resulted in extensive injuries to his leg which have amounted to approximately $2,000 worth of vet bills, so far. I'm wondering what, if any, legal rights I have. Here are some of the facts...

- Prior to the incident, the neighbor's dog has been charging our fence aggressively for some time. We've had several visitors who have said that the dog is going to come through the fence someday. My father visited recently and we hadn't even told him about the neighbor's dog. He went in the backyard one day and came back in stating he didn't like the neighbor's dog
- They have a large kennel in the backyard that they put the dogs in sometimes, but on this day they were not in
- On the day of the attack, my dogs were in the backyard and I heard a terrible scream, so I ran outside to find a piece of the fence missing and the pit bull with my dogs leg in it's mouth. It would not let go, and was trying to drag my dog through the hole in the fence. The owner was hitting the dog with a stick but it wouldn't let go. Approximately 5 minutes later she was able to get him off (we have a 6 foot wooden privacy fence, new house, fence in good condition)
- My dog's leg was badly mangled and we had to take him to ER, where he almost lost his leg, but the vet has been able to save it so far
- I called the police when it happened, an officer came out after we had already left to the vet and got the neighbor's statement. They state my dog had been digging by the fence and got his paw under it.. which the pit grabbed on to and then pulled through. The officer never really got our statement, he said he didn't believe any criminal charges were pending. From what it looked like to me with the fence, the fence was broken on their side by their very large pit bull, which left the open part allowing the dog to get my dog's leg.
- The day after, the neighbor's did fix the fence, and also installed a double electric fence.
- We went over to talk to the neighbor, the homeowner, the day after the attack. She stated the dogs belong to her daughter's boyfriend, who lives there. She didn't really know the details of the attack. She stated she didn't believe she was 100% liable. We agreed on 50% they would pay, but the homeowner said since the dogs belong to the boyfriend, she would talk to him to see what he thinks
- It has been over 2 weeks and we have not heard anything else, and they are hardly home for us to talk to

The neighbors claim my dog was in their yard, but I feel this is unfair to say since their dog dragged my dog halfway into their yard. He probably would have pulled him through and killed my dog if my dog had not grabbed onto the runner of the fence and held on with his teeth, causing damage to his mouth as well. I feel like they are 100% responsible for not being able to control their dog. Would it even be worth it for me to hire a lawyer since they seem to be avoiding helping to pay? I think if I did hire a lawyer, I would go for 100% of vet bills, is that reasonable? We had to open a credit card to pay for my dog which must be paid off in 6 months to prevent interest, but I just can't afford that right now and I feel they should help, since their dog did the significant. damage. I don't have an issue with the pit bull breed, but I feel if you are going to have a powerful dog that can do that much damage, you should be able to control it. What if my 5 year old stuck her hand through the fence, does that give the dog the right to mangle her arm?

I need some advice What is the name of your state (only U.S. law)? Texas

Sue the homeowner in court.

I wish you would have taken pictures of the fence damage, you claim that the neighbors dog came through. that would have sealed your case really.

 

[Zigner]

Why would you need to pull the dog BACK on to your property?

 

[Christe_1981]

I did take pictures of the fence that night, but it was dark out so they aren't as good as they could be. The owner had already moved the plank that was missing, but I do have pictures before they had fixed the fence.

 

[Christe_1981]

Why would you need to pull the dog BACK on to your property?

I'm not sure what you mean, I didn't pull him back onto my property. The pit bull pulled him halfway through the fence but he never actually left my property cause he was holding on. The pit had his leg through the fence but the rest of his body stayed on my side of the fence, thankfully.

 

[Banned_Princess]

Why would you need to pull the dog BACK on to your property?

I think its because she is claiming the big bad pitbull broke the fence and grabbed her dog by the leg, and was trying to drag it through the fence to his side.

Thats a believable story, and with pictures and the hospital / vet bills this is a cinch to get the full amount.


Was your dog digging under the fence before this???

 

[Zigner]

I think its because she is claiming the big bad pitbull broke the fence and grabbed her dog by the leg, and was trying to drag it through the fence to his side.

Thats a believable story, and with pictures and the hospital / vet bills this is a cinch to get the full amount.


Was your dog digging under the fence before this???

I agree with you - was just clarifying

 

[Christe_1981]

Was your dog digging under the fence before this???

I looked, not that I can tell. I have a picture that shows the ground next to it and it doesn't look disturbed to me like there was digging. The fence doesn't meet completely to the ground, because of the way the builder's install it. But there is a huge cinderblock there on their side to cover the hole.

 

[Antigone*]

I looked, not that I can tell. I have a picture that shows the ground next to it and it doesn't look disturbed to me like there was digging. The fence doesn't meet completely to the ground, because of the way the builder's install it. But there is a huge cinderblock there on their side to cover the hole.

Send the owner a demand for payment. Give them 30 days to pay. If they do not, sue them for the damages you incurred.

BTW, did you call animal control? You should so at least there is a vicious dog report already on file if this happens again.

 

[Christe_1981]

Yeah we called animal control, but I guess here it's like 3 strikes before they do anything. I never heard anything from animal control.

 

[Christe_1981]

So the demand for payment should just come from us right, not an attorney or anything? How long do I have to sue them, it will be 3 weeks on Monday that this happened.

 

[Antigone*]

So the demand for payment should just come from us right, not an attorney or anything? How long do I have to sue them, it will be 3 weeks on Monday that this happened.

Three weeks is nothing to wait. I'm not sure of the SOL in your state, but I am sure it is at least a year.

 

[Christe_1981]

Awesome, thank you guys for the advice. One last question I promise. Since I'm only asking them for 50% since they did put up the electric fence and I seriously want to avoid a neighbor feud, should I only demand 50% in the demand for payment? Then, if in fact they refuse to pay, will this limit me to only suing for 50% or can I still calim 100% then? Does this make sense.....

Maybe I should just put 100% demand for payment in the letter and then verbally agree to 50%??

 

[Zigner]

Awesome, thank you guys for the advice. One last question I promise. Since I'm only asking them for 50% since they did put up the electric fence and I seriously want to avoid a neighbor feud, should I only demand 50% in the demand for payment? Then, if in fact they refuse to pay, will this limit me to only suing for 50% or can I still calim 100% then? Does this make sense.....

Maybe I should just put 100% demand for payment in the letter and then verbally agree to 50%??

You COULD write that, while you feel you are entitled to the full amount, in hopes of avoiding "bad blood" between neighbors, you would accept payment of 50% as a fair settlement.

 

[RRevak]

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

I'm not sure if I'm posting this in the correct forum so I apologize if not, but here goes..

Two weeks ago, my dog was attacked by the neighbor's pit bull. It resulted in extensive injuries to his leg which have amounted to approximately $2,000 worth of vet bills, so far. I'm wondering what, if any, legal rights I have. Here are some of the facts...

- Prior to the incident, the neighbor's dog has been charging our fence aggressively for some time. We've had several visitors who have said that the dog is going to come through the fence someday. My father visited recently and we hadn't even told him about the neighbor's dog. He went in the backyard one day and came back in stating he didn't like the neighbor's dog
- They have a large kennel in the backyard that they put the dogs in sometimes, but on this day they were not in
- On the day of the attack, my dogs were in the backyard and I heard a terrible scream, so I ran outside to find a piece of the fence missing and the pit bull with my dogs leg in it's mouth. It would not let go, and was trying to drag my dog through the hole in the fence. The owner was hitting the dog with a stick but it wouldn't let go. Approximately 5 minutes later she was able to get him off (we have a 6 foot wooden privacy fence, new house, fence in good condition)
- My dog's leg was badly mangled and we had to take him to ER, where he almost lost his leg, but the vet has been able to save it so far
- I called the police when it happened, an officer came out after we had already left to the vet and got the neighbor's statement. They state my dog had been digging by the fence and got his paw under it.. which the pit grabbed on to and then pulled through. The officer never really got our statement, he said he didn't believe any criminal charges were pending. From what it looked like to me with the fence, the fence was broken on their side by their very large pit bull, which left the open part allowing the dog to get my dog's leg.
- The day after, the neighbor's did fix the fence, and also installed a double electric fence.
- We went over to talk to the neighbor, the homeowner, the day after the attack. She stated the dogs belong to her daughter's boyfriend, who lives there. She didn't really know the details of the attack. She stated she didn't believe she was 100% liable. We agreed on 50% they would pay, but the homeowner said since the dogs belong to the boyfriend, she would talk to him to see what he thinks
- It has been over 2 weeks and we have not heard anything else, and they are hardly home for us to talk to

The neighbors claim my dog was in their yard, but I feel this is unfair to say since their dog dragged my dog halfway into their yard. He probably would have pulled him through and killed my dog if my dog had not grabbed onto the runner of the fence and held on with his teeth, causing damage to his mouth as well. I feel like they are 100% responsible for not being able to control their dog. Would it even be worth it for me to hire a lawyer since they seem to be avoiding helping to pay? I think if I did hire a lawyer, I would go for 100% of vet bills, is that reasonable? We had to open a credit card to pay for my dog which must be paid off in 6 months to prevent interest, but I just can't afford that right now and I feel they should help, since their dog did the significant. damage. I don't have an issue with the pit bull breed, but I feel if you are going to have a powerful dog that can do that much damage, you should be able to control it. What if my 5 year old stuck her hand through the fence, does that give the dog the right to mangle her arm?

I need some advice What is the name of your state (only U.S. law)? Texas

I'm sorry but your story just doesnt make sense. The bolded statements are conflicting. Was your dog in their yard or not? At the top it says that your dog was drug halfway into their yard but the statement continues to say that he wasnt pulled through the fence..which is it? And if the dog didnt come into your yard then how did it get to your dog unless your dog was at the fence with the neighbors dog? If you knew the neighbors dog was aggressive then why didnt you work to reinforce your own fencing? And my own personal question, why did you find it necessary to identify the neighbors dog as a "pit bull" but leave out the breed of your own dog? Are you hoping this will win you sympathy points? Exactly what breed of dog is yours??