• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

dog attacks on other dogs

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

C

cherylholmes

Guest
i need some answers desperately because i feel like i'm going nuts...or going to die from a broken heart.

my 2 leashed shelties were attacked by a mastiff weighing 150 lbs.. the mastiff was running at large. my precious sheba (18 ls. died) and my other baby hilly has permanent damage to 1 of her eyelids tho it doesn't affect her eyesight. here's the details of what happened.

i was walking my 2 girls on leashes for their potty walk. i lived in my rv at the time and the attack took place on the grounds of the motel and rv park where i lived. the mastiff lives on the property adjacent to the motel and rv park. anyway, we were walking as normal and this mastiff came up from behind us..i never saw her, we never heard her approach..she immediately jumped my hilly (the younger of my 2 girls) in an immediate frenzy. but then she turned hilly loose and jumped my little sheba and was brutally attacking her. it was so horrible because i was screaming to the top of my lungs, sheba was screaming and crying and that mastiff was growling. i tried to pull that mastiff off my sheba but i just didn't have the physical strength and there was nothing i could do to save her. my precious baby was all i had in life. she was my everything. i'm disabled and my girls are my life! my only source of companionship! i love them with all my soul! and it's literally killing me to lose sheba. the stress has caused all sorts of health and emotional problems and i am under doctor's care. i live alone and on ssd. even after the attack, the mastiff's owner still allowed her to roam at large and further terrorize us. everyday i walked out my door i had to look all over to see if that dog was around and even while walking had to constantly chk behind myself to see if that mastiff was around. i bought a baseball bat (wooden) and walked hilly carrying a baseball bat and a cell phone to call 911 if i had too. but then being an animal lover and having a history of working with animals at the humane society, i was really screwed up in the head about having to most likely kill that animal when she attacked us again. i did move from that place because i couldn't bear living where my sheba was killed and both had been attacked. in fact because i was treated unfairly by the police and because they violated my rights i left the town completely.

i did file a police report and have witnesses. the police took the report relunctantly and seem to mock me. in that town dogs are seen as no more than a piece of garbage. the officer who took the report didn't even write it at the scene. i had to insist he take my name and do a report.

then when me and my mom went to get a copy of the report, the lt. in charge told me i wasn't allowed to have one...a direct violation of the texas open records act. he said i had to have the permission of the reporting officer...not true...then he decided he would let me have part of the report. but i insisted i wanted all of it. he said if we didn't leave he would arrest me, have me physically removed and he would take that report out of my hands...by that time my mother was ready to do something..i said "what about my rights?" he said "you don't have any rights!" at that point we did leave at my mom's insistance. i never did get the entire report and the part that i did get was full of falsehoods. i see why he didn't want me to have it...

before this heated verbal altercation i was told by the sheriff, the county attorney and the reporting officer that no laws were broken by the mastiff's owner so my only recourse was in civil court. the also said that in the absence of laws civil court can punish him with damages.

my sheba had an impeccable pedigree with a long lineage of top shelties in the us. her grandfather was the winningest sheltie ever. i'm told by an official with the akc who is a breeder of op shelties that another pup with a lineage like sheba's will run between $600-1500.00 depending on the *****.

i have a pretty good idean what i can do civilly, but i'd also like to her advice and opinions..i'm totally devestated emotionally from witnessing the attack of my 2 girls (whom i feel as if they are my daughters), sheba's death, the terror is uffered afterwards, the poor treatment by the police. i can't begin to tell you how i fell...thanks for your help in advance...i live in texas..thanks cheryl

p.s. i have alot of postings on about.com's dog forum under general. i have received alot of emotional support from people on that forum...
 


C

cherylholmes

Guest
yes the park has leash rules but no leash laws in the county. the park isn't located in the city but it's in the etj. (.4 of a mile out of the city limits). i am also fling complaints against the law enforcement there with the texas rangers (dps), fbi and texas attorney general. found out yesterday while researching that altho there may be no physical law on the books to protect me, something like this may fall under "common law" in texas...the mastiff's owner may have had a common law duty to have his dog under his control (especially living next to a business such as this) whether there was a statutory duty or not. it's a common law duty to public safety.
thanks for your suggestions and advice...cheryl

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by loudrich:
Get off your butt.. hire a lawyer and sue the dog owner and the park, for not following the "Leash laws" they have them in your park RIGHT?

Claim all damages, and since you are disabled you have even MORE rights to a pet.
You could be in for a nice settlement....

IF you are willing be nasty, and to demand equal justice.. time to fight Girl!


<HR></BLOCKQUOTE>

 
P

prairielaw3

Guest
With many other exceptions, often when one is talking about "common law" duties they are talking about common law duties we all gewnerally have acting with "reasonable" care to avoid harm to others--i.e.failure to act reasonably is another word for negligence. Thus under negligence laws, a person may have a claim for the damages lost. It may make sense to at least talk to a lawyer.Many will at least do an initial consultaion for free.

------------------
George H. Senteney
http://www.prairielaw.com
 
C

cherylholmes

Guest
yes , your are right and i plan to do so. the owner of the mastiff has violated my "property rights" at the very least, and i know i can sue him under tort law...i also have case law to back me up..thanks again cheryl


<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by prairielaw3:
With many other exceptions, often when one is talking about "common law" duties they are talking about common law duties we all gewnerally have acting with "reasonable" care to avoid harm to others--i.e.failure to act reasonably is another word for negligence. Thus under negligence laws, a person may have a claim for the damages lost. It may make sense to at least talk to a lawyer.Many will at least do an initial consultaion for free.

<HR></BLOCKQUOTE>

 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top