i live in ga. a person in my neighborhood was working outside of his yard and he let his large mix male loose and unattended. (weighs about 60-70 lbs) this dog came into my fenced yard and grabbed my 4 lb males tea cup yorkie off my deck , jumped the fence and ran off in the woods with him, shaking him and causing serious injuries to my dog. Not only did the man let his dog loose and unattended, but he had not had his dog vaccinated. another neighbor saw his dog running through the woods and called me to tell me she thought my yorkie was in the larger dogs mouth, she could hear him squealing. i ran outside and sure enough when i made it up to the owner's home he had my yorkie and he handed him to my husband and says "your dog needs help." I took my dog to my vet and he couldn't even do anything for him. he told me to bring him immediately to the dog hospital because my yorkie was in such dire shape. once we got to the dog hospital and my dog was examined, it showed he had 3 broken ribs, 2 punctured lungs, both collasped, contusions, hemoraging, puncture wounds around his neck and chest area. he had no blood pressure and finally after 8 hrs of medical care and one damn good vet along with 2 transfusions he pulled through, but was still considered critical. i was advised to bring him to UGA where he stayed app 1 week. 2 of the ribs were so badly damaged that the vet there told me normally surgery would be required but since my yorkie is so small and these breeds do not generally react well with anesthestic, we should take our time and wait to see if he possiblely could began healing on his own. to make this short, my guy came through, he is one tuff little dog. the owner of the dog that attacked mine was given citations for unattended dog, no proof of vaccinations, etc, but he plead a nolo and was only required to pay $175.00. my medical bills are over $4300.00. I am trying to take him to court to force him to pay. Can anyone out there give me any advice? I don't want to be reimbursed for anything but the medicals. Although it took 2 hours to drive to UGA from my home, and another 2 hours to drive home, we visited my dog every day, i missed work, had a few dollars out of pocket for medical supplies when he came home, I still only want the $4300.00 paid. ANY advice will be Greatly Appreciated.
have you looked into the laws of your town? If there is something that says you should be outside with your dog then you might not want to waste your time.Fences and leashes don't always help because some towns say your dog should not be out alone. I've heard of that happening a couple times. they will say his dog wasn't leashed but you weren't watching yours eitheir. See if anyone else in your town has been in a situation close to that.
He isn't necessarily a bad owner for not vaccinating though. A lot of us don't do it regularly. How did the dog get through the fence,I think I missed that.
***Edited By: joce on 8/24/2005 12:49:06 PM*** Reason: g
I'm soooooo happy your yorkie pulled through it...omg what you must have gone through.
You need to consult an attorney because you can be reimburse for your drives, medical bills, the whole enchillada.
It's more than a small claims suit because of the expense involved - PLEASE consult the attorney, he will know exactly what to do for you.
ANOTHER THING --- See if his and your home owners insurance carries this clause (the very last line):
Personal liability. This coverage is designed to protect you against claims or legal action that results from bodily injury or property damage to others. For this coverage to apply, the bodily injury or property damage must be caused by an incident covered under the HO-3 policy. Legal defense coverage is provided with this policy, even if a suit is false or fraudulent.
Medical Payments to Others. This coverage is designed to help pay for medical expenses for persons other than residents of the household. This coverage applies, regardless of legal liability, when an insured's personal activities cause bodily injury; an accident on your covered property results in bodily injury; or a pet that you own causes bodily injury.
***Edited By: harleys Mama on 8/24/2005 1:27:54 PM*** Reason: add
my yorkie was on my deck surronded by a fence. his dog was loose and unattended in the neighborhood while he was out doing yard work, outside of his yard. his dog jumped my fence and grabbed my yorkie, then the dog jumped back over the fence with my yorkie in his mouth.
the owner became very indignant when I mentioned filing a claim with his home owner's insurance and he suggested i do that. which, i assume is impossible because i don't own his home, he finally contacted his insurance company and they are willing to settle for 2000.00, not even half of what the costs involved is.
i have been told that the only compensation i can receive is the original price i paid for my dog, which seems entirely unfair to me, since 1. my dog did not die and i don't want him replaced. 2. i spend a great deal of my time training my yorkie, although i don't consider him to be the brightest dog in the world, he is somewhat trained. 3. the price i paid for him originally is not even in the neighborhood of what i consider this little dog worth today. 4. can anyone really, honestly put a price on a pet who is your constant companion, someone who meets you at the front door every day with a wag on the tail and a lick on your face, so happy to see you return.
People are responsible for what their children do when it comes to damage, shouldn't they be responsible for their pets also?
As long as your bills are directly related to the accident with the dog you can be compensated. The insurance companies are going to tell you everything under the sun not to settle. Find out what the statute limits for small claims court and go file and take him to court and get your money back..
The price of the dog can only be charged if he lost your dog or something. An attack and medical bills directly related is a diffrent subject and one you will win.
I don't know, it would be 50/50 legally and it would depend on your state and area. Legally speaking the doller value on your dog IS what you paid. It was your choice to have taken your animal to an expensive vet clinic and save your pet, you had the option of putting him down. That is what the defendants lawyer will say.
An insurance claim may be an easier route. I am glad your yorkie pulled through I know it doesn't take much to harm one of the little guys.
OH thats not a nice story! I am so sorry to hear what happened to your baby, but I am glad to hear he pulled through.
I wouldn't settle with that insurance co. I would make sure I got the full amount. They are just trying to get out cheap. Most likely when you win and you will, they will cancel the neighbors ins. for having a dangerous dog.
Good luck! Give that baby a kiss from my big huge babies, that would never hurt him!
Eeek what an aweful situation. I would want to beat the owner and his dog (hate to say it, but if my yorkie was in a dogs mouth it would be fair game).
I would say that you will be lucky to get over what you originally paid for your dog. Legally, pets are not people and they have to have a value, and it is normally the purchase price, though maybe you could claim that particular dog was somehow worth more than what you paid (print off current puppyfind ads).
Umm... I know it is a hard subject and you didn't do a thing wrong and the neighbor was clearly at fault but what a defense attorney would say is that you knew the pet was valued at X and still you CHOSE to opt for the expensive vet treatments when you had the option of putting your dog to sleep and replacing it. To the law it is an object of value and they really don't care about your emotions. Otherwise, what if your dog had needed $10,000 in surgery, or $100,000 where is the limit as the other persons responsiblity? Dog lovers would like to say never, but the law will not. It is always a hard choice to make. Can you try to settle with the neighbor through an arbitratior (sp), before it goes to court?