Pitbull attacked my Merlot

[mscat]

I am so sorry your yourkie was injured in an attack by anther dog. YES, I feel like the owner should be accountable for the dogs' behavior, letting it roam free in the neighborhood, and such.
I am glad your dog is going to be ok, but, may suffer from perm. injury. ALL of this makes me very irate.
I hate to see anther dog sufffer because of negligent owners, this is maddening.
I'd try and get witness statement, and police reports all together and file lawsuit against these people.

[Leesha]

Originally Posted by speck103

Hi All

My 2 yorkies and I were out walking(both on leash) 3 weeks ago, when a pitbull ran up and grabbed my oldest, Merlot by the neck and side.

I fought with the dog while trying to keep my other dog out of harms way and keep the dog from biting me. I grabbed the dog by the legs, but it would not let go. Neighbors came to help me and beat the dog with brooms until it released.

I only received scratches and bruising
My youngest was'nt hurt physically (Thank God, she's 1/2 Merlot's size)

I took Merlot straight to emergency that night. He underwent surgery for multiple lacerations, puncture wounds and torn muscles. He had draining tubes in for a week. He is up and walking now, but it has been a long recovery. He may always have a limp because of the attack.

The police and animal control arrived and took the dog into custody. He is still at animal control pending the full investigation. They were able to find where the dog lives because he walked straight home after the attack. he lives the next block over. Neighbors told animal control that the fence is often open and the dog get's out all the time.

I feel the owners should be responsible for the vet bills, my loss of work and pain and suffering or negligence. It's unfair that they just let their dog roam the neighborhood and my dog may now have a limp for life.
Not to mention I can't even walk my dogs without freaking out at every little sound or sight of other dogs.
It's changed everything. We no longer take long walks on the weekend or even just sit at the park getting fresh air. I take them out for 10 minutes to do their buisness and rush back in unless my husband is with me. I'm still having nightmares about the attack and can't seem to get it out of my head. I hate this.

Has this happened to anyone else here?
Animal Control and the police said that it's up to me to take action against the owners. They don't take part in financial claims.
Can I request payment from them for the buills, wages and negilgence or do I have to file a claim to sue?
I have tried talking to a lawyer, but they all deal with dog bites against humans. It's been hard for me to get information about this and I'm just so sick over the whole thing.

Any information would be greatly appreciated.

Pitbulls are banned in Canada and have to have muzzles when walking. THANK GOD because I am afraid of these dogs and they are so unpredictable!!

Sorry for your pain... Hope your baby gets better soon!

Link:
Pit bull ban begins

Leesha

[Shelby&Seymour]

Originally Posted by Leesha

Pitbulls are banned in Canada and have to have muzzles when walking. THANK GOD because I am afraid of these dogs and they are so unpredictable!!

Sorry for your pain... Hope your baby gets better soon!

Link:
Pit bull ban begins

Leesha

I think it is sad that they have been banned....... what would happen if someday a country would ban Yorkies ! I know that they (Pits) have a bad reputation, but I really think that the irresponsible owners need to be banned.
I know that some may disagree with me, but it really isn't the dogs fault. Their temperament has been encouraged by a lot of idiots....and some breeding done just for the best "attack/fighting dog. So sad.

[Raven]

That is just awful - for both of you - best wishes to Merlot!

[melanie daley]

Oh my god I'm SO sorry for you and lil' Merlot.... I live in Belmont Shore and most dog owners are VERY responsible here, but I know it can happen ANYWHERE.... I am SO sorry you guys are going thru this..

If the person won't take responsibility then small claims is the way to go ASAP. the cap in CA for small claims is $7,500 FYI... I hope you don't have to go that way, and that this person will take responsibility for not having their animal leashed and just having their gate open.. But it's pretty much an open and shut case IMO..... Just document EVERYTHING!!

Good luck to you, and I have said a prayer for Merlot that he has a very speedy recovery!! xx

[speck103]

Thank You ladies so much for all the advice, information and well wishes!
So much good info here and your caring has me sitting here in tears.

Yes, I have been documenting everything and the neighbors who helped us are willing to give statements if needed.

Originally Posted by roxies_mom

It's a shame that small dog owners can't walk our dogs without the fear of something like this. I've heard of this so many times I'm always a little pernoid to take Roxie out with me. You might think about a doggie stroller or taking them one at a time so you don't have to give it up completely. Then when you see a dog coming or hear one barking you pick them up untill the threat is gone. It's a shame it has to even be that way.

I always thought I was being vigilant and would promptly pick my dogs up and go inside whenever I saw a stray.
This dog took us by surprise though. he ran up from behind before my dogs even knew he was there. I first reacted by pulling on my leashes to pick them up, but the pit was too fast and jumped and grabbed him before I could do anything.
This happened about 10ft from the front door of our complex.

Originally Posted by 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....

I'm so sorry that happened to you. The only reason the police responded so quickly was because a neighbor called it in as a domestic dispute or attack. They thought my screams for help were because of a person attacking me at first.

Originally Posted by melanie daley

Oh my god I'm SO sorry for you and lil' Merlot.... I live in Belmont Shore and most dog owners are VERY responsible here, but I know it can happen ANYWHERE.... I am SO sorry you guys are going thru this..

If the person won't take responsibility then small claims is the way to go ASAP. the cap in CA for small claims is $7,500 FYI... I hope you don't have to go that way, and that this person will take responsibility for not having their animal leashed and just having their gate open.. But it's pretty much an open and shut case IMO..... Just document EVERYTHING!!

Good luck to you, and I have said a prayer for Merlot that he has a very speedy recovery!! xx

Thanx for all the info. I actually contacted Justin Rudd because I know he does so much for animals here and in Belmont. he gave me an animal lawyer to contcat, but he was'nt taking any clients out of his area, so could'nt help me.

Originally Posted by 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

Thank You and I agree! The thing is I'm not even mad at the dog, I blame the owners. When I had to identify the dog in the animal control truck, he just looked so pitiful. It's sad all the way around.

[speck103]

You ladies are so amazing. I've gained more info and support here than from anyone I have contacted. I don't think they see how serious we were attacked from just talking on the phone.

Originally Posted by MyPeanutAbbyGra

Another thought, have you contacted the owners of the pittbull and just asked them if they'd be willing to pay? There's a chance that they would do the right thing...I would hope.

Thank You, you're right. I'm going to compile everything I have including total cost and approach them berfore filing a claim.
I pray that they will react positively.

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 info. I did'nt know most of this. I will check into the HO ins.

Originally Posted by alisonJ

While it is fresh in your mind, I would get notarized affadavits from witnesses. And TAKE LOTS OF PICTURES of Merlot, the area where the incident occurred, etc. I would even make a map showing your house, the location of the pit's house, and where the incident occurred. Write down all of your recollections of the event.

So sorry this happened to you. I think you will have no problem prevailing in small claims court. But if small claims does not pay enough to cover your costs in your state, you might want to go by another venue.

By the way, you may be able to file against the homeowners insurance of the pit bull's owner, if they have such coverage.

I highly recommend a lawyer. They usually do not charge for initial consultation.

We have taken a ton of pics and I had to write everything down for the animal control, so I will use that report of an account of the events.
Very interesting about HO ins. I have to look into that.

[Keely_momma]

Im soo sorry this happened to you! And i am soo Glad that your dog is recovering.


I dont want to start a debate, And i dont mean to offend. But please dont blame the attack on the fact that the dog is a pittbull. PLEASE dont. Im not trying to lecture, But the reason there have been alot of pittbull attacks is definatly the owners fault. Pitts are very loving and caring animals, very eager to please and what not. But they are indeed terriers, And MOST people buy these dogs and dont do ANYTHING with them as far as training, And we all should know how terriers need to be taght manners Most get one and will accually teach the dog to be viscious because they think it is in some way cool to make a pittbull a mean and scary dog. .

Sounds like They got the dog to be cool and in someway impower themselves by having a scary dog, and these types of people will indeed not teach the dog manners, obediance and will even try to make the dog mean and train it to bark and gorwl at people. And by the sounds of it, These people arent concered about there dog much considering they let him roam.

He may even be used for Dog fighting. were his ears cropped? they are cropped so they arent as vulnerable to its aponent and the aponent cant bite them by the ears and pull them down.

So my qeustion is, Was the dogs ears cropped? Because if so, He could very well be used for fighting, and that may be why he tore off after your little one. And if he just wasnt socialized and taught anything, that is also not his fault, but his owners. Or maybe his owners thought he would look better with cropped ears. I dunno. But een this simple sign could mean sooo soo much.


BY the sounds of it. It isnt the dogs fault. Dont blame the breed, blame the owners. Again i dont know if anybody hear accually beleives the crapola about pitts being mean forocious dogs. And honestly, if you do i pitty you. BUt dont blame the breed.

[cocoangel]

Oh I am so so sorry for your Merlot and for what you have been through!!
The pictures are heartbreaking! I'm glad that Merlot is doing better.

IMO the Pit Bull's owner should be responsible for the damages. Best of luck to you both.

[LilMissy]

This is so incredibly sad.

If that dog gets out regularly, it can't be the first time it's attacked someone/something. I would definitely expect compensation from the owners for vet bills, and pain/suffering.

I hope Merlot has a speedy recovery. I can't blame you for being freaked out about going for walks now. I think that I will be too after hearing about what happened to Merlot. Pretty sad that you can't even go for a nice leisurely walk with your pet.

[MyPeanutAbbyGra]

Originally Posted by 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.

Good Point!
When we bought our home nearly 14 yrs ago, I remember being asked if we had a pool or dogs, when I told them about our dogs, they asked the breed. Since we did not have what they considered a dangerous breed, there was no extra charge.

[MyPeanutAbbyGra]

Originally Posted by speck103

You ladies are so amazing. I've gained more info and support here than from anyone I have contacted. I don't think they see how serious we were attacked from just talking on the phone.




Thank You, you're right. I'm going to compile everything I have including total cost and approach them berfore filing a claim.
I pray that they will react positively.



Excellent info. I did'nt know most of this. I will check into the HO ins.



We have taken a ton of pics and I had to write everything down for the animal control, so I will use that report of an account of the events.
Very interesting about HO ins. I have to look into that.

You are very welcome I just hope that you get some compensation for all the medical bills and lost work time. A big plus would be something for pain and suffering. You could treat little Merlot and your other baby to a day at the doggy spa, when Merlot is feeling better.

Big Hugs to Merlot from Abby, Daisy and Me

[Lucia]

That's awful - it must have been so frightening! It's beyond me why anyone would let ANY dog roam freely around a neighbourhood - these 'owners' could end up with the death of a pet or child on their conscience. I wish Merlot a speedy recovery.*

[Lovetodream88]

Originally Posted by Shelby&Seymour

I think it is sad that they have been banned....... what would happen if someday a country would ban Yorkies ! I know that they (Pits) have a bad reputation, but I really think that the irresponsible owners need to be banned.
I know that some may disagree with me, but it really isn't the dogs fault. Their temperament has been encouraged by a lot of idiots....and some breeding done just for the best "attack/fighting dog. So sad.

Pitbulls have the strongest jaws of all dogs its like a weapon and even if a dog is trained very well you cannot know when or if they will attack!

[Lovetodream88]

Originally Posted by Keely_momma

Im soo sorry this happened to you! And i am soo Glad that your dog is recovering.


I dont want to start a debate, And i dont mean to offend. But please dont blame the attack on the fact that the dog is a pittbull. PLEASE dont. Im not trying to lecture, But the reason there have been alot of pittbull attacks is definatly the owners fault. Pitts are very loving and caring animals, very eager to please and what not. But they are indeed terriers, And MOST people buy these dogs and dont do ANYTHING with them as far as training, And we all should know how terriers need to be taght manners Most get one and will accually teach the dog to be viscious because they think it is in some way cool to make a pittbull a mean and scary dog. .

Sounds like They got the dog to be cool and in someway impower themselves by having a scary dog, and these types of people will indeed not teach the dog manners, obediance and will even try to make the dog mean and train it to bark and gorwl at people. And by the sounds of it, These people arent concered about there dog much considering they let him roam.

He may even be used for Dog fighting. were his ears cropped? they are cropped so they arent as vulnerable to its aponent and the aponent cant bite them by the ears and pull them down.

So my qeustion is, Was the dogs ears cropped? Because if so, He could very well be used for fighting, and that may be why he tore off after your little one. And if he just wasnt socialized and taught anything, that is also not his fault, but his owners. Or maybe his owners thought he would look better with cropped ears. I dunno. But een this simple sign could mean sooo soo much.


BY the sounds of it. It isnt the dogs fault. Dont blame the breed, blame the owners. Again i dont know if anybody hear accually beleives the crapola about pitts being mean forocious dogs. And honestly, if you do i pitty you. BUt dont blame the breed.

The pittying thing really really bugs me and I suggest you save you pitty for someone who really needs it!