Pitbull attacked my Merlot

[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.

[MinMuf1]

Oh my goodness... I'm so sorry! Many, many well wishes to Merlot!!! I am no expert on this, I believe that you have to file your case in Civil Court as the matter sounds as though the case would be based on the tort negligence of the pitbull's owner. Good luck and keep us posted!

[SusieQ_61397]

The poor dear. I'm so glad your Merlot is doing better. Each state is different as far as the laws go regarding dogs attacking dogs. I would check with your city to find out details. I live in a small city in Arkansas, and they have what they call a first bite clause. Which means they give a dog one chance and if they do it again, that dog will have to be taken away and euthanize. I hope that helps.

[MyPeanutAbbyGra]

I'm certainly no expert on these things, but you have witnesses, so proof shouldn't be a problem. Depending on what the expenses are and what the limit is in small claims court in your area, you could take them to small claims court. Again, that all hinges on if the limit is enough to cover all costs.

I am sooooooo sorry this happened. I can not even begin to imagine how terrifying that must have been for you and your babies.

for Merlot. I hope he makes a full recovery.

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.

[LilDaysha]

I am so sorry this happened to you. I hope Merlot recovers quickly. And I would definitly sue those people for letting there dog walk freely its not fair for you to have to pay all the vet bills for their negligence. This is the same reason why I bearly walk Cookie where I live. Its like every other person around my neighborhood has a pitbull and walks them without a leash.

[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.

[Josie's Mom]

I'm so-- sorry. I don't have any advice, but I do strongly agree that the owner should have to pay for what their Dog did.

Best wishes to Merlot for a quick recovery, poor baby.
Best wishes to you too.

[DYMONDS MOM 08]

This is an outrage! First off let me start by saying I am sorry that you all had to go through this ordeal. I am especially sorry for Merlot. I would definitely file a small claims lawsuit against the owners. This will probably mark you and your furbabies for life. Sue for everything that you think you should you probably won't get it all but if you don't try you will get no compensation. Those negligent owners need to be taught a lesson and with some people they only get the message if it hurts there pockets. So sad!

[LuvmyYorkies2]

That poor baby! The owners of the pit bull definitely should have to pay for what they did. I'm assuming they have not even attempted to contact you to see how Merlot was doing or to see what monetary help they could provide. I would go to your local court and file a civil suit. The clerks there will point you in the right direction on what you need to fill out in order to file. Keep pictures of your dog and of course, all paperwork, vet bills, witnesses phone numbers/names/addresses, etc. First and foremost, I wish Merlot a speedy recovery. Best of Luck!!

[bonnielynn]

What a terrible nightmare. I hope you receive full restitution and restored restful sleep.

[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.

[roxies_mom]

I'm sorry this happened to you. It's so unfair that you are responsible with yours and keep them on a leash out for a nice leisurly stroll and get attacked. I agree with others that the owners should have to pay for damages caused by their own neglect. I don't know much about the laws pertaining to this either. But if you do take it small claims court make sure you have every bit of documentation. Write down the whole incident on paper for something to go by for facts and call any witnesses you can to take to court with you to testify on your behalf. 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.

[roxies_mom]

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 must have been posting at the same time. but you made some even better points!!

[Patti]

That is terrible Your poor baby!! I would go after the owners with every thing I could. It is bound to happen again and it could be fatal to a pet or child.

[Shelby&Seymour]

I am so sorry for what Merlot (and you) had to go thru.... and are continuing to go thru. As far as the Pit's owners, I think that I would ask for help with the bills first...... but if they haven't contacted you I would be surprised if they would help..... unless they are just afraid of a lawsuit, and in that case, they may cooperate just to stay out of court.
I hope that you have names of the witnesses... or the police took their names so you have access.
Good Luck and keep us posted...... I am hoping to hear that Merlot's feeling better and better everyday!!