Pitbull attacked my Merlot

[LDandPasquale]

Originally Posted by Nancy1999

I'm so sorry you had to go through this, and I'm glad that Merlot survived this attack. You are correct, this has changed you forever; something this traumatic always does. I believe you can take it to small claims court and sue for up to $5,000.00 in most states. Every judge will cover hospital costs, and subsequent vet visits, and items purchased for recovery. Most will not allow you to receive money for the pain and suffering of the animal because they are considered a possession. Some judges will allow you to claim work related claims, while others won't. Some will add punitive damages, if you can prove that the owner was negligent, i.e. pictures of a broken fence, or neighbor's testimony that the dog has gotten out many times, even a police record of this would be helpful. Keep your paperwork in order and clear and concise, and you are sure to get awarded the money, however collecting it may be another issue, and some people have found it better to just go to the owners, and ask for the money covering expenses. If you can find out the name of their home owner's insurance this can be helpful too, because most pit bull owners don't want their insurance companies to know they have a pit bull.

Excellent post...especially the part on the homeowners insurance..i didnt even think of that! I wish Mass was like most states on the small claims maximum....Mass you can only sue up to $2,000 and usually most things you sue over are way past that amount!

I hope Merlot is feeling better. We will keep you in our thoughts!!

[xxmxaxrxyxx]

i am so sorry to hear that...i too think the owner should be liable for the damages

[Valeria Morriso]

God love your baby. I do believe that their homeowner's insurance will cover this incident. Good luck and God bless your baby and you.

[phfgkl]

I've seen Judge Judy before, when there have been attacks on dogs by other dogs. Is there a leash law there? If there is, I would go to the peoples house and tell them you feel they should pay for the vet bills, pain and suffering, etc and if they don't, that you will get ahold of your attorney. Actually I do know that home owners ins. does charge you extra for pitbulls, etc. but, I'm sure a lot of people don't let the ins. companies even know they have these kinds of dogs.

[MollysMum54]

what an awful thing to happen to you. its the one thing i fear when out walking with Molly. I really hope that you all have a speedy recovery and that you can find somewhere else to walk and enjoy the fresh air, without fear. big hug to you and your little ones.

[hugz4all4]

Im so sorry how scary for all of you.

[NewYorkieLover]

How awful! Poor Merlot, and poor you too! To not feel safe, now, walking your doggies in your neighborhood - that's horrible. Poor little guy!

I think you got lots of good advice already. I would definitely take (plenty of) pictures, get witness info., police reports, and keep all vet bills. Write down everything you can while it is fresh in your mind - all details - in case it comes up later.

I would first present your request for payment to the dogs' owners. They might be more willing to go along with your request and do the right thing if given the chance. To just bring a lawsuit might be more likely to put them on the defensive and make them less cooperative. If they don't pay for your expenses, then I'd take the next step.

Good luck, and continued healing thoughts to Merlot!

[TurkletonsMom]

Oh my gosh, that is absolutely heartbreaking! I am so sorry that this happened to you and Merlot. I agree that the owner should be 100% responsible for the bills. I can't imagine that you wouldn't have a case...especially if you are able to take a neighbor as a witness. Best of luck to you and God bless yer little baby. *hug*

[JoeyP]

This kind of thing makes me so angry

If you Own a Dog YOU are Responsible for that Dog
Yes ... I think absolutely you should sue these people
While I don't like when animals are put down because of
the self-centeredness and laziness of people like these

They should not even be allowed to keep a goldfish

I'm glad your Yorkie is going to pull through but Nobody should have to go through what you did

[jenn1381]

I am so sorry this happened... I can imagine how terrifying it must have been. The advice given already is basically what I would say.. document everything, pictures, paper trails, etc. and I also agree that giving the owners a chance to make things right before seeking legal aid is a good idea.

It makes me sad to see this sort of thing happen... Pit bulls are not allowed in Ontario anymore, if you owned one before the law came into effect you have to have it muzzled at all times when outside the home.

I hope Merlot continues to heal physically, and that you all can start to heal emotionally. Take care and keep us informed.

[Reinell]

I am so sorry this happened to you. I think you can sue - I have seen similar cases on TV and as long as you have documented evidence (you obviously have a police file as well which is good) and some witnesses that will help you a lot. Such a shame some owners are so negligent!

[linda44]

Im so sorry this happened to you and Merlot. Im glad he pulled thru though. You got a lot of good advise. Good luck.

[msjagg]

Poor little Merlot!! Glad to here he's recovering nicely. 3 weeks ago I took Baron for a walk down the street and @ 3 different homes dogs came out to bark and attacked Baron. Thank goodness I use a 4 prong cane to walk with!!! I've never said that before, But without it we'd be toast. I went to the homes and no one would open the door. Kids outside said they're out and off the leash all the time. This development is getting dangerous. I have'nt gone for a walk since. Calling the police doesn't help, they're too busy....... I hope everone reads your post and uses extra caution when walking their little ones!!! Blessings to you both....

[PrestigeousYT]

Oh my dear I am so sorry Merlot and you have gone thru such a horrible situation.
I am so glad you were able to get help from your neighbors, they will also come in handy if you have to sue for this.
I am sure any judge will ask you first off, did you present them with the bills and give them a chance to take care of it.
They may be afraid to contact you.
I would take someone with you like one of the neighbors so they can also witness you giving the pit owner the oppurtunity to take care of the expenses since if it goes to court hopefully the neighbors will agree to go as a witness.
Very very sad.
Give Merlot a big hug from us.
Again I am so sorry it breaks my heart to hear of this.

[Sookie]

Your poor baby! I can't imagine how scared you must have been - I would have passed out on the spot. You have been given some good advice, so I can't add to that - just wanted to say I'm happy Merlot is doing better. If I were you I wouldn't give up until they acknowledged their role in this - only then will they keep a better watch over their dog, who is an obvious danger to small animals in the neighborhood. It's amazing how some people will become more responsible when it involves their wallet.