Apartment building dog attack - confusing situation/how to handle

[Jess01023]

This is in Florida - thanks in advance

Incident occurred recently in a condo with myself (renter) and another woman (owner of a different unit.) As I was coming out of the elevator into the lobby, she was coming inside the front door with her dog. The dog had no leash and ran right over to mine (3 times smaller than hers) and within 10 seconds attacked her. The woman did not help and just stood there while I screamed "get your dog please" and jumped in to try and separate them. I did not want to kick or hit her dog so I tried to grab my dog with both arms to get her up and away from the other one. Without any help this was difficult and took a few times while they were still going at it.

Finally I succeeded, however since my dog was still in defense mode, she bit one of my fingers as I scooped her up, not realizing it was me. The other dog was STILL trying to attack her while my dog was in my arms, and I put her into the corner of the lobby with my body covering her. The other dog was still jumping up on my side to try and get my dogs legs. My finger is bleeding everywhere, my dog is still on the leash, the other dog is off leash still with the owner still not helping and just saying 'My dog never did this before."

I finally got into the stairwell and upstairs - the dog had 2 bite marks on her ear and was shaken up, and my finger was cut pretty bad. The board looked at the cameras and saw what happened (confirming my story as I told it.) They contacted the owner and she said "the dog got out of her collar and I didn't want her running into the street so I opened the lobby door so she would go inside." Turns out it is actually her daughters dog who lives in her apartment, and was away. She did NOT ask who I am (we do not know each other, but I do now the daughter a bit) and did NOT say to apologize or anything. The board reiterated the condo rules and sent a letter to all owners, but could not do more (I decided not to file a police report as the dog was overall not bad and the actual bite to me was from my own dog.)

I spent only about $150 at urgent care/cvs for my finger and her ear, and assumed they would be fine paying it as it was much lower than it could have been had I gone to a vet also. A few days later when the daughter came home (we know her a little bit) she texted me lots of apologies, however not much interest in paying for anything and said "oh, sorry my mom has extreme anxiety and social issues so that's probably why she didn't reach out" -- no explanation of why she did not run after the dog or help me get them apart. When the issue of $ came up, she said "My mom said she will deal with it because she was there, not me" and gave me her phone #! So, the burden is on me to call a woman who didn't help me that day, and hasn't even asked if I'm ok or apologized? I am not comfortable doing that. (I also heard from another neighbor she was saying things like "my dog just probably wanted to play etc etc -- which is absolutely insane.) However I DO want to keep the peace as it's a small buliding and we do not want to have any long standing issues over this.

Anyway, people are saying to write a letter to the Mom with the receipts and pictures, asking for the $ that way. A board member has offered to unofficially email it as a courtesy so I do not have to deal with her directly.

Questions:

1. Legally, is the mom (apt owner, person walking the dog that day) or daughter (owner of the dog") responsible/liable?

2. Am I right that it is still their responsibility for my bite, since the negligence and lack of help caused my dog to defend herself and in turn bite me?

3. Knowing I am not going to take them to court for so little, do I appeal to emotion more or write a more formal/legal-sounding letter?

Thanks all!

 

[PayrollHRGuy]

1. It may be in all of that but I can't find it. How old is the daughter?

2. Quite possibly not.

3. We don't know the people and you don't seem to either. This isn't about emotion it is about their liability. SInce that is the case I would suggest you read up on the law in Florida re: dog attacks. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0767/0767.html

 

[Jess01023]

Thanks for the reply!

Daughter is 24

Possibly not as in - they are not liable for my dog biting me due to their dog attacking her? It's an interesting situation. Yes, their dog did not bite me. However -- if she had A. kept the collar on her or B. ran after her when she got loose or C. grabbed her when she started attacking or D. helped me pull them apart at any point of the situation - the bite would likely have not happened.

True, it's not about emotion, but there is some degree of importance to keep it friendly. In the end, if they refuse then they refuse and it's not that much $, but I want to at least try. At the very least, maybe push the Mother to do the right thing if it happens again and push the daughter to maybe not have the Mom watch her dog anymore

In reading the laws briefly it seems the dog owner is liable; but I don't see anything about things caused from the attack that were not directly from the dog who attacked, but a result of it..

Thanks!

 

[justalayman]

Person in control of the dog is responsible for controlling the dog. The owner may have some liability as well if she was aware the mother would not leash the dog. Otherwise it’s on the mother.


If you aren’t willing to sue, don’t threaten to sue.

The other person is responsible for the incident. As such your injury that emanated from that incident is on her.

 

[quincy]

The dog was unleashed and attacked. The owner can be held liable.

Your idea to send a letter seeking compensation for your expenses is a good one.

 

[Just Blue]

This is in Florida - thanks in advance

Incident occurred recently in a condo with myself (renter) and another woman (owner of a different unit.) As I was coming out of the elevator into the lobby, she was coming inside the front door with her dog. The dog had no leash and ran right over to mine (3 times smaller than hers) and within 10 seconds attacked her. The woman did not help and just stood there while I screamed "get your dog please" and jumped in to try and separate them. I did not want to kick or hit her dog so I tried to grab my dog with both arms to get her up and away from the other one. Without any help this was difficult and took a few times while they were still going at it.

Finally I succeeded, however since my dog was still in defense mode, she bit one of my fingers as I scooped her up, not realizing it was me. The other dog was STILL trying to attack her while my dog was in my arms, and I put her into the corner of the lobby with my body covering her. The other dog was still jumping up on my side to try and get my dogs legs. My finger is bleeding everywhere, my dog is still on the leash, the other dog is off leash still with the owner still not helping and just saying 'My dog never did this before."

I finally got into the stairwell and upstairs - the dog had 2 bite marks on her ear and was shaken up, and my finger was cut pretty bad. The board looked at the cameras and saw what happened (confirming my story as I told it.) They contacted the owner and she said "the dog got out of her collar and I didn't want her running into the street so I opened the lobby door so she would go inside." Turns out it is actually her daughters dog who lives in her apartment, and was away. She did NOT ask who I am (we do not know each other, but I do now the daughter a bit) and did NOT say to apologize or anything. The board reiterated the condo rules and sent a letter to all owners, but could not do more (I decided not to file a police report as the dog was overall not bad and the actual bite to me was from my own dog.)

I spent only about $150 at urgent care/cvs for my finger and her ear, and assumed they would be fine paying it as it was much lower than it could have been had I gone to a vet also. A few days later when the daughter came home (we know her a little bit) she texted me lots of apologies, however not much interest in paying for anything and said "oh, sorry my mom has extreme anxiety and social issues so that's probably why she didn't reach out" -- no explanation of why she did not run after the dog or help me get them apart. When the issue of $ came up, she said "My mom said she will deal with it because she was there, not me" and gave me her phone #! So, the burden is on me to call a woman who didn't help me that day, and hasn't even asked if I'm ok or apologized? I am not comfortable doing that. (I also heard from another neighbor she was saying things like "my dog just probably wanted to play etc etc -- which is absolutely insane.) However I DO want to keep the peace as it's a small buliding and we do not want to have any long standing issues over this.

Anyway, people are saying to write a letter to the Mom with the receipts and pictures, asking for the $ that way. A board member has offered to unofficially email it as a courtesy so I do not have to deal with her directly.

Questions:

1. Legally, is the mom (apt owner, person walking the dog that day) or daughter (owner of the dog") responsible/liable?

2. Am I right that it is still their responsibility for my bite, since the negligence and lack of help caused my dog to defend herself and in turn bite me?

3. Knowing I am not going to take them to court for so little, do I appeal to emotion more or write a more formal/legal-sounding letter?

Thanks all!

Did you report this to animal control? If not...Why not?

 

[Jess01023]

Person in control of the dog is responsible for controlling the dog. The owner may have some liability as well if she was aware the mother would not leash the dog. Otherwise it’s on the mother.


If you aren’t willing to sue, don’t threaten to sue.

The other person is responsible for the incident. As such your injury that emanated from that incident is on her.

Thanks -- the daughter did not know as it was a 'got loose' situation which is why I'm trying not to be to angry (though standing there and watching while I desperately try to separate the dogs is really maddening!) I think it's more that she didn't even ask who I was or if I was ok - just let it go as if nothing mattered. Ugh.

Will draft a firm but friendly letter and attach receipts/pictures. They both know the issue of $ is coming, but do not know the amount - hoping that when they see it is so little, they will be relieved.

 

[Jess01023]

Did you report this to animal control? If not...Why not?

No, as the damage was minor and there have been no incidents previously/the daughter is responsible and usually here. AC would possibly put the dog down or start something bigger and I really didn't want it to go there. If there were serious injuries or it had happened before, that would have been a different story. I'm still amazed the dog only had 2 small bite marks - the way it looked I expected a lot worse.

Part of the reason I want to write the letter even if they don't pay is to make sure they realize it's serious and needs to be addressed/handled.. I did get it all on file with the board so there's a complete record of the incident.

 

[quincy]

No, as the damage was minor and there have been no incidents previously/the daughter is responsible and usually here. AC would possibly put the dog down or start something bigger and I really didn't want it to go there. If there were serious injuries or it had happened before, that would have been a different story. I'm still amazed the dog only had 2 small bite marks - the way it looked I expected a lot worse.

Part of the reason I want to write the letter even if they don't pay is to make sure they realize it's serious and needs to be addressed/handled.. I did get it all on file with the board so there's a complete record of the incident.

You appear to be handling the incident well.

Not everything needs to be addressed through the police or with threats of lawsuits.

I hope the dog owner and her mom appreciate this and pay your costs without question - and learn to control the dog better in the future.

I am sorry you and your dog were injured. I hope your recovery is swift.

 

[Jess01023]

You appear to be handling the incident well.

Not everything needs to be addressed through the police or with threats of lawsuits.

I hope the dog owner and her mom appreciate this and pay your costs without question - and learn to control the dog better in the future.

I am sorry you and your dog were injured. I hope your recovery is swift.

Thanks, that makes me feel better. Us dog people are fiercely protective but I also know it's easier to be kind than cruel regardless of fault, and though she was wrong, you never know what someone is going through. Though an apology or even asking the board if i was ok and to send an apology really isn't tough. I just hope she is not assigned dogsitting duties ever again!

I texted a photo of a good harness to the daughter and she said she would look into it (not sure if that means she is getting one) but it's a start.

 

[Shadowbunny]

You are a breath of fresh air, Jess01023. We see countless posters who are unreasonable to the point of lunacy; your reaction is both measured and mature.

(And just a thought that may lessen your anger towards the dog's owner: we've all heard of "flight or fight" in reaction to a crisis situation, but for some people, there's the third F, which is Freeze. Sounds like she's up for a part in the next Frozen movie.)