Legal course of action: dog attacked
 

So a few weeks ago, my dad was riding around the neighborhood with my dog and my dog got attacked by someones boxer.

The owner of the dog ran out of the house and got a hold of his dog and threw him into his truck and drove off.

The wound was about 1.5 inches deep according to the vet, and to be safe he treated it as an abscess, etc. Bill came out to be about $800.

So we finally tracked down the owner and which house the dog ran out of, and thats where my questions begin. The dog's owner is in between homes right now and was temporarily staying/storing his items at his parents home (where his dog ran out of). Initially he was being a decent human being and gave us his phone number and name and said he would make payments towards the bill.

Its been nearly 4 weeks since that first talk and hes only made two payments of $50. Each of these times, my father needed to initiate contact and collect it from him (I'm away at school), instead of him letting us know hes ready to pay like he said he would do.

However, now is when things changed. My dad stopped by his place again to collect money, as they previously discussed and this time the dude lashed out and said a bunch of bs followed up by a threat of "next time you come here, i'll shoot you". Even though theres a good number of wannabe gangsters around here, i'm treating this as a legitimate threat. So my dad went to the police station to see what he could do and they basically told him they cant do anything against conditional threats, and 911 is your friend. Thats it.

So in summary after 4 weeks hes paid 100/800 owed, and now hes threatened my fathers life and is denying to pay any more.

What do you think is the appropriate course of action?

- Going call animal control - didnt at first because we assumed he would pay.
- Sister is going to look into small claims court filings, but the issue is collecting the payment. 1) Not sure if he has a legitimate job to garnish wages from 2) he has no real estate property to lien 3) im not exactly sure how asset seizing works

I don't know dude. That sucks to hear.

If my dog had attacked your dog I might pay for it to be a good person but I doubt you could win in court.

I'm not a lawyer but as I understand it dogs attack each other all the time, its unpredictable because they are animals. If a person had been attacked that would be one thing but in the case you described you would need to go to small claims court.

I'd just be prepared to either A) go to small claims court or B) let it go.

For $700, you will be chasing your tail if you go the small claims route. All you'll end up with is fees out of pocket, a debt that's never repaid, and a judgement that is nearly impossible to enforce and could eventually expire depending on your state laws.

As for the threat, there's no telling but I would warn your dad to just stay away. If it escalates, things can only get worse and he still won't have his $700.

You probably should have reported the incident when it happened. Weeks after the fact may not do you much good, but it's worth a shot, if anything just to make things more difficult on the other owner.

No offense, but a truck enthusiasts board isn't the best place for legal advice. A lawyer is the best place for legal advice, and lots of lawyers will offer free or low-cost consultations to let you know where you stand before you hire them for real.

Talk to a lawyer.

Nor is it the place to get advise on careers or battling depression and yet some have requested and gotten help here on those topics, right?

You need to follow up with your local animal control. Depending on your city/county ordinances, dude may be criminally responsible. We have a "dog at large" law that prohibits dogs from running around like that which allows the judge to order restitution in cases where a dog attacks another dog, destroys property etc. That way, if the the guy is found guilty and judge orders he pay, he can be locked up for violating a court order if he doesn't comply. Your story is rather vague, you stated your dad was "riding around," what does that mean? I would agree a civil action would be a waste of time, you could try but it sounds like you wouldn't get too far with this guy. Conditional threats aren't illegal in VA either, you should stay off his property at this point tho and let the a/c folks handle it. In our city, they have quasi police power and carry guns etc.

My first question would be, was your dog on a leash? If he was and the other dog, obviously, wasn't, then the owner is liable for any injuries that occur. At least that's the law here in LA county. Twice now our dog has been attacked while out on our daily walk. Once by a boxer and the other an Airedale. Luckily our 100# German Shepard fu€ked their sh!t up. Both times the owners came out of their houses. One apologized profusely. The other had the nerve to call the cops! The police told them that since we had our dog on a leash and their dog was loose, then WE had the right to file a report for damages.

Do some independent research on your local laws. You may or may not have a compelling case.

If you decide to pursue legal action, it's possible to find a lawyer who will work on contingency, but you're still going to shell out money and worse yet, it's going to cost you a significant amount of your time. $700 bucks is a stinger, but I would probably just let this guy go. Or accidentally run over his dog :rofl:

Ahhhh I actually think we give great advice on careers or education.

You are welcome to comment anytime.

i know here in AZ , theres no law for dogs attacking other dogs, just people attacking dogs, and dogs attacking people.

I concur

Do you have leash laws out there?

yes there are leash laws.

You definitely need to call a lawyer.

If you get a lawyer, you might end up being able to collect legal fees on top of the vet bills. The legal problem was created by the Douche, so the court could end up pinning that to him. However, he sounds like a deadbeat. It might be best just to realize that some people suck and move on with your life. I sure as hell wouldn't want to go that route if I were you, but it might make the most practical sense.

Yea sorry i should have worded it better.
My dogs get walked around the neighborhood once (on leash) and then the older gets to rest, while my younger dog gets brought around the neighborhood (on leash) while my dad rides his bicycle.
We initially hesitated to call animal control because the dogs are not there permanently and didnt want to risk looking like we filed a false report. But will be considering this jackass's behavior.

This happened in LA county as well: SF valley. My dog was leashed and his was not.

I was looking at it this way as well, my sister brought up a point about home insurance..

I think he was saying we're all gravy here. Thanks though

What I was saying in response to the poster I was responding to is that even though this is obviously not THE place for professional advise on many subjects, solid reasonable advise can still be gotten here none the less from many intelligent and experienced people.

Let it go honestly.

We got dicked around by a contractor last year out of $1500 for work on the house, after speaking with some attorney friends, it wasn't worth it. And that's even with a signed contract with deadlines, work expected, etc.

And as mentioned, even if you win in small claims court it's not like the police escort him to the bank and force him to withdraw money and pay you.


Does it suck? Yes.

Will staying pissed off about it get you anywhere? No.

file a complaint with animal control. file a small claim. he already admitted liability and made 2 payments, which is proof of his acknowledgement of fault. file a complaint with the police even if they try to dissuade you. you will get a judgement against him, including pain and suffering if requested. will you ever collect the money? probably not, but thats not the point. the point is to do what you can to hold him accountable. each of these three options is simple and not very time consuming. taking these steps will be a constructive response instead of passive acceptance. he's a scummy piece of self centered trash. let him experience some consequence, including a judge declaring him responsible. Doing something will, at the very least, make you feel better than doing nothing.

I was a bit hesitant until i spoke with animal control today. The officer gave me necessary information but seemed like i was inconveniencing him, :mmph: whatever.

Found these parts of the LA municipal code worthy of using

SEC. 53.34. ANIMALS AT LARGE.
(Title amended by Ord. No. 162,537, Eff. 8/8/87.) (Section amended by Ord. No. 162,748, Eff. 9/24/87.)

A person who owns or is in charge of or controls or who possesses a dog or other animal who permits, allows or causes the dog or other animal to run, stray, be uncontrolled or in any manner be in, upon, or at large upon a public street, sidewalk, park or other public property or in or upon the premises or private property of another person is guilty of a misdemeanor if said dog or other animal bites, attacks or causes injury to any human being or other animal.

Any person convicted under this section or Section 53.33 shall not own, possess, control or be in charge of any animal of the species which caused the bite, attack or injury for a period of three (3) years from the date of conviction. The Department shall not issue or renew any license or permit for said species of animal, except that upon the written request of the person so convicted, the General Manager may authorize the issuance of a dog license pursuant to the provisions of Section 53.15(b).


SEC. 53.34.1. MENACING DOGS.
(Added by Ord. No. 168,864, Eff. 7/7/93.)

No person, owning or having custody or control of any dog, whether or not restrained by a substantial chain or leash, shall permit the dog to unlawfully assault, threaten or menace any human being or other animal upon any public street, sidewalk, park or other public property, or in or upon the premises or private property of another.

SEC. 53.34.2. IMPOUNDMENT – BITING OR ATTACKING ANIMAL.
(Added by Ord. No. 162,537, Eff. 8/8/87.)

(a) The Department shall have the power to summarily and immediately impound a dog or other animal where there is evidence it has attacked, bitten or injured any human being or other animal pending any court or dog license or animal permit revocation proceeding arising from the attack, bite or injury; or to undertake a hearing pursuant to Section 53.34.4. A duly authorized Department employee may enter and inspect private property to enforce the provisions of this section as provided by Section 53.03 of this article.

Failure to surrender to the Department upon demand a dog or other animal which is subject to being impounded pursuant to this section is a misdemeanor.

A dog or other animal, impounded pursuant to the authority of this section, shall be returned to the owner or custodian as provided by Section 53.34.4 or when it is no longer required as evidence, or if a notice of a hearing pursuant to Section 53.34.4 to declare the dog or other animal a dangerous animal has not been served on the owner or custodian within seven days after the impoundment.

Going to research what is needed to be done on the police side now that i have the animal control laws.

Regardless of what the police tell you, you can file a complaint with them re the trashy dude's threat. The police won't do anything. There isn't anything for them to do because nothing happened. The reason to file the complaint is to document the threat.
Small claims is where you go to be made whole financially. Small claims is about money, just money, simply money. Small claims doesn't care about moral indignation and such. They just want to know the simple facts, hear the simple testimony, and see the documents. It is where you go to be reimbursed for actual costs and for pain and suffering when merited. Documentation of the injury is important, as is your dad's testimony, and proof of trashy's 2 payments.
Often a magistrate presides instead of a judge. A judge is preferable.

Regardless of what the police tell you, you can file a complaint with them re the trashy dude's threat. The police won't do anything. There isn't anything for them to do because nothing happened. The reason to file the complaint is to document the threat.

Something similar happened to me. A guy threatened to "bash my brains in" with a baseball bat in front of my wife, two kids and 4 adult neighbors. My neighbors .357 persuaded him to move on. I called the police and their attitude was "we didn't see or hear, it so….". Even with the neighbors backing me up.

A year later an old man flipped me off so I returned it to him and the cops showed up at my ****ing door trying to give me a paper arrest for disorderly conduct.

I told the cop what had happened and how I got blown off by them and he told me to have a nice day.

Short end of it, call the cops and ask why this guy can threaten to shoot your dad and get away with it.

Boxer Attacks??????
 

I know that any dog can bite or attack if it is not trained, being a boxer owner and as Paul knows my dogs personality I just can't see boxers going nuts and biting but I know it happens.

Anyhow,

As said before. Read up on the local city ordinances and laws. The only way you are going to get anything out of the owner of the dog is by taking him to small claims court period, even at that point it will take for ever to get $$$$ out of him or back.

Up too you.

I wish you pup the best of luck and I'm sorry the Dick Head owner was not a better dog owner. I hope you don't hold it against the dog.

Blue



Just for the sake of good Boxers, hear is my boy.

Should have called the police, I would still try and file a police report and get the guy charged if he won't pay

I have dogs run out of their yards and come after my dogs all the time, 90% of the time, they're boxers.

Oh no. I never blame the dog, its 99% of the time the owners fault. I always go to the dog park, "aggressive" breeds likes pits or staffies, in addition to boxers are usually some of the friendliest dogs there!

We will take him to small claims court, and if not for the money to show him he can't just get away with being a jackass loser.

Sometimes I wish we lived in a world where you could just pull his head off and call it even.
I got jumped on my cyclocross bike by two border collies once. I fended one off with the bike while punching the other in the face as hard as I could... the lady ran over saying 'Dont hurt my dogs!'
I told her to buy a F'n leash, and that I wish she was a man... lol
What can I say? I was pissed

Yea its pretty ridiculous. A week before this happened someone elses dog got loose and my dad had his walking stick with him (not on bicycle) and hit the floor with it to ward off the dog. Owner comes running out calling my dad a psycho and if he touched his dog, he'd kill him. Must have been another psychopath to throw around threats like that but sometimes you just want to go back to lex talionis.

Maybe your dad should get a treadmill and just walk inside?

J/K, I feel ya on the situation. As easy as it is to walk away and take the hit, knowing you did everything right makes that decision seem like a cop out. Totally different situation, but I got shafted out of close to $1k from a boss of mine. Instead of just complaining about it, I paid the $80 small claims fee, read up all I could on Google about law regarding my situation, and sued him for triple what he owed me. His a** got embarrassed in court, and I was a much happier person than I would have been if I had just let it go.

Who knows how many times this has happened with his dog already, and by getting a judgement against him, you can help prevent it from happening again.

A judgement isn't going to prevent anything. It's basically a legal recording showing a debt owed. That's it. And you are unlikely to ever see a dime.

-Someone that's been sitting on a judgement for 14 years




Also, if you really wanted to handle this the right way and to help prevent other incidents, the cops and animal control should have been called immediately. It's really too late now, imo. Chalk it up as a lesson learned and move on.

Annoying thing is, is he has a treadmill and still wants to keep taking the dogs out. When im home, i exercise my dog by letting him play play fetch/frisbee across our 3 closest neighbors lawns but with an e collar just in case anything happens where he would act stubborn. But for some reason he wont do the same. Idk. Stubborn old men :l