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Whose dog is this?????

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tammy8

Senior Member
What is the name of your state (only U.S. law)? NC

In July me and my Beagle were attacked by a rottweiler that had gotten out by digging under her fence. She pushed open my fence gate and was in my backyard, when I took my 3 dogs out for their last potty break around midnight. Unforunately I got caught up in the fight and suffered many bites on my hands, arms, and shoulders. The roti drug me and my Beagle over 20 feet until I managed to get her off us. In addition to my bites, my Beagle had to have surgery to reattact/repair her ear. After the roti ran off, I realized my gown was also torn completely off:(.

The roti went to 10 day quanetee and was put down (she was up to date on her shots, thank God!).

I share about 10 feet of fence with this neighbor and the roti had dug out from her fence several times a week for the 4 months she lived in the fence.

I finally was able to find out the homeowner's insurance company and filed a claim in Sept (took me that long to find out who neighbor's insurance company was). My story is the same as the neighbors but she is now denying she owned the dog and that it was her long term(15+ yrs), live in former boyfriend, who has now split with her. Of course boyfriend will not return anyone's phone calls and the adjuster is bucking at how to handle this?????? He thinks it might be medical payments if covered at all because boyfriend *owned* the dog.

Now I understand he is not an insured on girlfriend's policy, however is homeowner not as responsible for allowing this vicious dog to live on her property, knowing the dog's history of digging out of the fence? What responsiblity does she have to keep the dog contained? Also the shot records were from the orginal *backyard* breeder the dog was purchased from (no transfer records:() and heresay is that the reason the orginal owner gave her away was because she had killed and eaten her last 2 litters. Plus rotie was in heat and even after I pointed out to both neighbors (homeowner and longterm livein boyfriend) that she likely needed to be fixed due to other dogs in the neighborhood hanging out during the day at the fence for weeks.

I hate to hire an attorney as my med bills are right at $2K and my Beagle's medical bills are around $300 especially since the neighbor was aware the dog was in active heat (my dogs are all fixed) and then got out of her fence many times (I have phone records where I had called homeowner over 5x to tell her the dog was out and in my front yard or runnng wild). I have pictures where the dog had dug under the fence and ruined my yard with huge holes.

After sending med records and over 40 photos of my injuries the day of the incident and my scars and my fingernails that are ruined and will likely never grow back, I have heard nothing from the adjuster in 17 days (including Thanksgiving week which adjuster was out of office 2 of those days).

Any suggestions, except wait and see (I talked to my company's liaibility adjuster off the record and he suggested I wait to see what was offered) but not sure how much longer to wait.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


sandyclaus

Senior Member
So, it's NOT her dog. But her former live-in boyfriend didn't take the dog with him when he left, so whose dog would it be?

IMHO, if the dog is still at the house, and the neighbor is still feeding and caring for the dog, she is in control of the dog and should be responsible for what happened.

Neighbor would also be responsible for maintaining proper fencing in order to prevent this dog from getting out. I'm sure that allowing the dog to live with her as long as it did, she knew that it had an issue with digging under the fence. Did she think that she could just look the other way when it did, especially after she and the b/f broke up and the dog remained living with her?

It's pretty easy for her to try to push blame off on the "owner" for what happened, but I don't think she will be successful.
 

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