I might be getting sued

[Rebel Yell]

OK, let me clarify a few things.

#1.  My dogs are not just let out to run free.  They are in a pin while we're not home, and stay in the house while I'm home.  They are taken out on a leash.  My wife hooked the choke collar in the wrong loop (it didn't tighten).

#2.  The neighbor acts like he has a fear of dogs, but has four of his own.  Two Bassetts, a Boxer, and the biggest Yellow Lab I've ever seen.  And they are all chomping at the bit when we pass by walking our dogs.

#3.  I did go to him and apologize.  I really don't think anything will come of it.  But I'm always wary of people like freedumb. 

#4.  I do take full responsibility for what happened, it was my dog.  If the man was hurt, I would pay his medical bills.  He don't work, so there would be no lost salary.  If he deserves pain and suffering, then so does my Mom when she checks her blood sugar.

#5.  Guess who's dog was running loose yesterday?  His lab got out of his back yard and scared some kids that live across the street from me.  I know the dog is friendly (this is not the first time it has gotten out), but fact is things happen.

#6.  There is no reason to sue.  Freedumb has made it clear that he thinks civil court is the place to enforce leash laws.  If he wanted to call the law and they give me a fine, oh well.  Trying to turn a buck off of an accident where no one was hurt is mighty John Edwards of ya.  Remember a while back when you were crying about not being able to find a job?  It's called karma.

[DixieBelle]

I know this has turned into a heated debate. Let's remember that Rebel Yell is one of our fellow members. He was geniunely concerned about what happened and wanted to share. While I'm sure we all appreciate a good debate, let's remember that every situation is different and it's really easy to proclaim sole possession of the truth from behind a keyboard.

The bottom line is that Rebel's situation could go a number of ways. Clearly several of us have had experiences with dogs and lawsuits in general. They are all different and the wild card here is the neighbor. No one knows what he was thinking or what he'll do next. No sense in getting all worked up about it and turning this into a "no I'm right! and you're wrong!" contest.

I'm not chastising anyone in particular. Just gently reminding you guys to keep your eye on the ball.

Now, carry on......

Rebel if it were me, I would document this. Take pictures of your dogs, their enclosure, your yard, where it happened, etc...I don't know if you can do it without stirring things up, but getting pictures of the guy too would be great.

Let us know what happens.

[Toastedturningtidelegs]

OK, let me clarify a few things.

#1.  My dogs are not just let out to run free.  They are in a pin while we're not home, and stay in the house while I'm home.  They are taken out on a leash.  My wife hooked the choke collar in the wrong loop (it didn't tighten).

#2.  The neighbor acts like he has a fear of dogs, but has four of his own.  Two Bassetts, a Boxer, and the biggest Yellow Lab I've ever seen.  And they are all chomping at the bit when we pass by walking our dogs.

#3.  I did go to him and apologize.  I really don't think anything will come of it.  But I'm always wary of people like freedumb. 

#4.  I do take full responsibility for what happened, it was my dog.  If the man was hurt, I would pay his medical bills.  He don't work, so there would be no lost salary.  If he deserves pain and suffering, then so does my Mom when she checks her blood sugar.

#5.  Guess who's dog was running loose yesterday?  His lab got out of his back yard and scared some kids that live across the street from me.  I know the dog is friendly (this is not the first time it has gotten out), but fact is things happen.

#6.  There is no reason to sue.  Freedumb has made it clear that he thinks civil court is the place to enforce leash laws.  If he wanted to call the law and they give me a fine, oh well.  Trying to turn a buck off of an accident where no one was hurt is mighty John Edwards of ya.  Remember a while back when you were crying about not being able to find a job?  It's called karma.

I think I would have both dogs in obedience school yesterday. They can train that charging behaviour out of them. I'm working with my 19 month old black lab to break him of it. He's not aggressive just energetic but he needs to learn what behaviour is acceptable and what is not! I will not keep a dog who is not trained.

[Rebel Yell]

And for the record, GA is not a strict liability state.

[Rebel Yell]

OK, let me clarify a few things.

#1.  My dogs are not just let out to run free.  They are in a pin while we're not home, and stay in the house while I'm home.  They are taken out on a leash.  My wife hooked the choke collar in the wrong loop (it didn't tighten).

#2.  The neighbor acts like he has a fear of dogs, but has four of his own.  Two Bassetts, a Boxer, and the biggest Yellow Lab I've ever seen.  And they are all chomping at the bit when we pass by walking our dogs.

#3.  I did go to him and apologize.  I really don't think anything will come of it.  But I'm always wary of people like freedumb. 

#4.  I do take full responsibility for what happened, it was my dog.  If the man was hurt, I would pay his medical bills.  He don't work, so there would be no lost salary.  If he deserves pain and suffering, then so does my Mom when she checks her blood sugar.

#5.  Guess who's dog was running loose yesterday?  His lab got out of his back yard and scared some kids that live across the street from me.  I know the dog is friendly (this is not the first time it has gotten out), but fact is things happen.

#6.  There is no reason to sue.  Freedumb has made it clear that he thinks civil court is the place to enforce leash laws.  If he wanted to call the law and they give me a fine, oh well.  Trying to turn a buck off of an accident where no one was hurt is mighty John Edwards of ya.  Remember a while back when you were crying about not being able to find a job?  It's called karma.

I think I would have both dogs in obedience school yesterday. They can train that charging behaviour out of them. I'm working with my 19 month old black lab to break him of it. He's not aggressive just energetic but he needs to learn what behaviour is acceptable and what is not! I will not keep a dog who is not trained.

Already looking into it.  Thanks, though.

[terry]

Well I hope no one gets sued.

My parents had a large dog, a mutt.  They had it chained in their yard.   They had an elderly neighbor and very close friend that visited them several times a day.   The neighbor was accustomed to coming through the backyard and in the back door.  When my folks got the dog they told Mr. M to come to the front door to avoid the dog.

Mr. M didn't.  He got badly bitten.   His son convinced him to sue.  My folks home owner's insurance company settled for $25,000.

Some times it doesn't matter whether you are negligent or not.

My folks did get rid of the dog, even before the lawsuit because he was really too much for them to handle.

[Rebel Yell]

Well I hope no one gets sued.

My parents had a large dog, a mutt.  They had it chained in their yard.   They had an elderly neighbor and very close friend that visited them several times a day.   The neighbor was accustomed to coming through the backyard and in the back door.  When my folks got the dog they told Mr. M to come to the front door to avoid the dog.

Mr. M didn't.  He got badly bitten.   His son convinced him to sue.  My folks home owner's insurance company settled for $25,000.

Some times it doesn't matter whether you are negligent or not.

My folks did get rid of the dog, even before the lawsuit because he was really too much for them to handle.

This is my thinking.  If someone comes in my yard, where they are not suppose to be, or tries to break in my house and they get bitten, **** 'em.  I won't get onto or punish my dog for doing it's job.  I told my neighbor if she bit someone trying to get into the house I wouldn't give a damn. 

[jendf]

OK, let me clarify a few things.
#2.  The neighbor acts like he has a fear of dogs, but has four of his own.  Two Bassetts, a Boxer, and the biggest Yellow Lab I've ever seen.  And they are all chomping at the bit when we pass by walking our dogs.

#4.  I do take full responsibility for what happened, it was my dog.  If the man was hurt, I would pay his medical bills.  He don't work, so there would be no lost salary.  If he deserves pain and suffering, then so does my Mom when she checks her blood sugar.

That definitely changes things a bit. Why didn't you reveal that yesterday? I wouldn't have gotten so riled up! 

[Chris_]

OK, let me clarify a few things.

#1.  My dogs are not just let out to run free.  They are in a pin while we're not home, and stay in the house while I'm home.  They are taken out on a leash.  My wife hooked the choke collar in the wrong loop (it didn't tighten).

#2.  The neighbor acts like he has a fear of dogs, but has four of his own.  Two Bassetts, a Boxer, and the biggest Yellow Lab I've ever seen.  And they are all chomping at the bit when we pass by walking our dogs.

#3.  I did go to him and apologize.  I really don't think anything will come of it.  But I'm always wary of people like freedumb. 

#4.  I do take full responsibility for what happened, it was my dog.  If the man was hurt, I would pay his medical bills.  He don't work, so there would be no lost salary.  If he deserves pain and suffering, then so does my Mom when she checks her blood sugar.

#5.  Guess who's dog was running loose yesterday?  His lab got out of his back yard and scared some kids that live across the street from me.  I know the dog is friendly (this is not the first time it has gotten out), but fact is things happen.

#6.  There is no reason to sue.  Freedumb has made it clear that he thinks civil court is the place to enforce leash laws.  If he wanted to call the law and they give me a fine, oh well.  Trying to turn a buck off of an accident where no one was hurt is mighty John Edwards of ya.  Remember a while back when you were crying about not being able to find a job?  It's called karma.

Where to start, where to start. 

Let me knock of #6 first.  I have never been unemployed in my adult life. I have always had a new job before leaving the prior one. I have never "cried about not being able to find a job."  You have me confused with someone else.

Let me summarize your argument: No harm, no foul and shit happens. Well, you aren't the arbiter of someone else's pain or fear.  In the final analysis it is up to the law. Now if the guy did NOT call the cops, that is a definite point in your favor since any judge will ask "if you were so hurt why didn't you report this?"  Keep that in mind if this gets into litigation.

You have a duty to keep your dog controlled.  In most jurisdictions (not all ,as Texicon pointed out), it is very close to strict liability. Yes, shit happens.  If your car breaks something and you hit another driver, that is on you (civilly). Negligence doesn't mean acting badly, it just means you didn't take all the required steps. 

I guess what got my dander up was your cavalier attitude -- "it was just a small bite, oops, my bad, bummer for you."

I am just warning you to be careful if it goes to litigation, you have a probable loser on your hands. Keep it out of there if possible.

As far as the guy's dog being out -- take pictures or video.  It is theoretically irrelevant, but can help you establish an argument that leash laws don't seem to be important to the (titular) plaintiff, so why is he going after you for the same?

Just some thoughts.  If you recall who you were talking about in #6, let us know.

[Rebel Yell]

  Let me knock of #6 first.  I have never been unemployed in my adult life. I have always had a new job before leaving the prior one. I have never "cried about not being able to find a job."  You have me confused with someone else.
Let me summarize your argument: No harm, no foul and shit happens. Well, you aren't the arbiter of someone else's pain or fear.  In the final analysis it is up to the law. Now if the guy did NOT call the cops, that is a definite point in your favor since any judge will ask "if you were so hurt why didn't you report this?"  Keep that in mind if this gets into litigation.

You have a duty to keep your dog controlled.  In most jurisdictions (not all ,as Texicon pointed out), it is very close to strict liability. Yes, shit happens.  If your car breaks something and you hit another driver, that is on you (civilly). Negligence doesn't mean acting badly, it just means you didn't take all the required steps. 

I guess what got my dander up was your cavalier attitude -- "it was just a small bite, oops, my bad, bummer for you."

I am just warning you to be careful if it goes to litigation, you have a probable loser on your hands. Keep it out of there if possible.

As far as the guy's dog being out -- take pictures or video.  It is theoretically irrelevant, but can help you establish an argument that leash laws don't seem to be important to the (titular) plaintiff, so why is he going after you for the same?

Just some thoughts.  If you recall who you were talking about in #6, let us know.

I apologize, I must have you mixed up with someone else.  It was probably a year ago.  Again, I apologize.

I guess I just expectg people to act the way I do.  If I'm have medical bills or out any money, I don't expect anything but an apology and appropriate action to make sure it doesn't happen again.  That's just the way I was raised.  I'm not sue happy. 

[Chris_]

  Let me knock of #6 first.  I have never been unemployed in my adult life. I have always had a new job before leaving the prior one. I have never "cried about not being able to find a job."  You have me confused with someone else.
Let me summarize your argument: No harm, no foul and shit happens. Well, you aren't the arbiter of someone else's pain or fear.  In the final analysis it is up to the law. Now if the guy did NOT call the cops, that is a definite point in your favor since any judge will ask "if you were so hurt why didn't you report this?"  Keep that in mind if this gets into litigation.

You have a duty to keep your dog controlled.  In most jurisdictions (not all ,as Texicon pointed out), it is very close to strict liability. Yes, shit happens.  If your car breaks something and you hit another driver, that is on you (civilly). Negligence doesn't mean acting badly, it just means you didn't take all the required steps. 

I guess what got my dander up was your cavalier attitude -- "it was just a small bite, oops, my bad, bummer for you."

I am just warning you to be careful if it goes to litigation, you have a probable loser on your hands. Keep it out of there if possible.

As far as the guy's dog being out -- take pictures or video.  It is theoretically irrelevant, but can help you establish an argument that leash laws don't seem to be important to the (titular) plaintiff, so why is he going after you for the same?

Just some thoughts.  If you recall who you were talking about in #6, let us know.

I apologize, I must have you mixed up with someone else.  It was probably a year ago.  Again, I apologize.

I guess I just expectg people to act the way I do.  If I'm have medical bills or out any money, I don't expect anything but an apology and appropriate action to make sure it doesn't happen again.  That's just the way I was raised.  I'm not sue happy. 

Sadly, many are.  You need to keep that in mind -- to protect you and your family if nothing else.

Let us know what happens.  I have some tricks up my sleeve if he pursues this.  I have never lost in Small Claims Court.  Never. (Buahahaha)

[debk]

Hey, Rebel Yell.....I hope you don't think I was piling on too....I was only trying to let everyone know that dogs have become a real issue with homeowner's insurance.


An important thing, that I think everyone needs to keep in mind.....with the economy the way it is and continuing to go...people are getting desperate.

We all know there are lawyers out there who will sue for a hangnail, and most liability cases are taken on contingency....the lawyer may take a huge chunk, but a huge chunk of 50 -100 -150+K....is a lot of money to both lawyer and plaintiff.

If anyone is in any situation where there is a possibility for a lawsuit....CYA.....document, photograph, whatever you need to do....cause, people.....I think things are going to get worse before they get better.

In my business (real estate) we are getting so cautious and making sure we are covered, the paper work is ridiculous. My theory is ...if I make sure my tush is covered....then so is my client's!

[Rebel Yell]

Hey, Rebel Yell.....I hope you don't think I was piling on too....I was only trying to let everyone know that dogs have become a real issue with homeowner's insurance.


An important thing, that I think everyone needs to keep in mind.....with the economy the way it is and continuing to go...people are getting desperate.

We all know there are lawyers out there who will sue for a hangnail, and most liability cases are taken on contingency....the lawyer may take a huge chunk, but a huge chunk of 50 -100 -150+K....is a lot of money to both lawyer and plaintiff.

If anyone is in any situation where there is a possibility for a lawsuit....CYA.....document, photograph, whatever you need to do....cause, people.....I think things are going to get worse before they get better.

In my business (real estate) we are getting so cautious and making sure we are covered, the paper work is ridiculous. My theory is ...if I make sure my tush is covered....then so is my client's!

I don't have a problem with any of the feedback I've gotten here.  No hard feelings for anyone, I appreciate honesty.  FreeDumb shocked me with the whole I'd sue for everything zi can get regardless of how minor a bite he would get, but I'm not upset with anybody.

[Full-Auto]

Be preemptive.  Call the police and report him having attacked your dog in your yard with some object that looked like a stick or a club. 

[djones520]

Be preemptive.  Call the police and report him having attacked your dog in your yard with some object that looked like a stick or a club. 

And then you bit him in self defense.  Thats where the small hole on his hand came from.