Lucy bit a kid- Lawsuit pending?!

[Larka]

My neighborhood is VERY prone to break-ins and robberies. When I first moved in, the neighbors had someone break in and assault the wife, she ended up with her arm broken in 2 places. In my opinion, in this neighborhood, a dog who bites a stranger that is coming into it's area should be given a medal.

The problem with homeowners insurance is that we didn't have it when this happened. We had just moved into the trailer, were still new to the city, so it was taking us awhile to get it. We were going to get it Monday, this happened Saturday.

I'm still willing to come out of pocket for the hospital bill. I figured like $500, I'm fine with that. I'm just worried about them doing anything else. We just found out that the people who lived here before us moved out because someone in the neighborhood killed their dog because it was running loose.

[JazzysMom]

@Larka:

My neighborhood is VERY prone to break-ins and robberies. When I first moved in, the neighbors had someone break in and assault the wife, she ended up with her arm broken in 2 places. In my opinion, in this neighborhood, a dog who bites a stranger that is coming into it's area should be given a medal.

The problem with homeowners insurance is that we didn't have it when this happened. We had just moved into the trailer, were still new to the city, so it was taking us awhile to get it. We were going to get it Monday, this happened Saturday.

I'm still willing to come out of pocket for the hospital bill. I figured like $500, I'm fine with that. I'm just worried about them doing anything else. We just found out that the people who lived here before us moved out because someone in the neighborhood killed their dog because it was running loose.

Oh, geez. Something else to have to worry about.

You haven't heard anything else yet? I think the waiting would kill me.

[Larka]

I just got a visit from Animal Control… I had just let the dogs in and then they go back to the door, pointing, going "Mom, someone's here." I threw them both in one of the extra rooms and then answered the door and totally thought my heart stopped when I saw it was Animal Control.

But the guy was totally awesome. He had looked at the tie-outs and seen how far they went and how strong they were before he knocked on my door. He said that the "bite" was actually just a scratch. He asked to see Lucy's tags and all her paperwork, then asked to see Lucy. She's on house arrest until November 7th, but I can live with that. He said that the people have no leg to stand on, and the case through the County and Animal Control will be dropped on the 7th after they come see Lucy again and say she's free from house arrest. And if they want to still take it to civil court, I have all my paperwork for Lucy and all the paperwork for this case, and the Animal Control guy said that the judge will laugh in these people's faces.

AND- This Animal Control guy has been to my neighborhood THREE times for these people's chihuahua because they let it run loose! AHHAHAHAHAHA. He said that if the dog gets in my yard again, to pick it up, put it in my house and call Animal Control and they'll come get it since they already have all that on file.

[dash]

good news. I feel bad for the chihuahua though.

[Quercus]

@Larka:

I just got a visit from Animal Control… I had just let the dogs in and then they go back to the door, pointing, going "Mom, someone's here." I threw them both in one of the extra rooms and then answered the door and totally thought my heart stopped when I saw it was Animal Control.

But the guy was totally awesome. He had looked at the tie-outs and seen how far they went and how strong they were before he knocked on my door. He said that the "bite" was actually just a scratch. He asked to see Lucy's tags and all her paperwork, then asked to see Lucy. She's on house arrest until November 7th, but I can live with that. He said that the people have no leg to stand on, and the case through the County and Animal Control will be dropped on the 7th after they come see Lucy again and say she's free from house arrest. And if they want to still take it to civil court, I have all my paperwork for Lucy and all the paperwork for this case, and the Animal Control guy said that the judge will laugh in these people's faces.

AND- This Animal Control guy has been to my neighborhood THREE times for these people's chihuahua because they let it run loose! AHHAHAHAHAHA. He said that if the dog gets in my yard again, to pick it up, put it in my house and call Animal Control and they'll come get it since they already have all that on file.

Well…good that AC is on your side....but I don't know if I would get involved with the situation with the neighbor's dog. Personally, I wouldn't want to give them any reason to be angry with me, particularly with the concern you mentioned about the prior residents having their dog killed!

I hope things get better in the neighborhood for you!

[felakuti]

lets have some common sense here, you had full knowledge that the kids had a tendency to run into your yard and yet you tied the dogs out there without supervision anyway, and you also knew what kind of temperament your basenji has. I am sorry but YOU are the one responsible. Never in a million years would I tie up a basenji in my yard when i knew there were kids running around and playing. what are you nuts or something? geesh

[dash]

@felakuti:

lets have some common sense here, you had full knowledge that the kids had a tendency to run into your yard and yet you tied the dogs out there without supervision anyway, and you also knew what kind of temperament your basenji has. I am sorry but YOU are the one responsible. Never in a million years would I tie up a basenji in my yard when i knew there were kids running around and playing. what are you nuts or something? geesh

The dogs were supervised. I really think stuff happens. You should be able to tie your dogs in your yard and not have people running in it. She agreed that she was responsible and would pay for the hospital bill. I think you are being a little harsh and basically an ass. I am not sure if you are on here as a joke or you are really this rude.

[senji]

No one has the right to enter your property!!!! The kids were told to stay away from the dog. Children should be able to respect animals and property. I have children..the problem is too many parents have stopped parenting and let kids do whatever. If my child got scratched by someone elses dog in their yard I'd tell them it's a good lesson to learn and you're lucky it was only a scratch. My own cat has scratched my kids because they didn't leave her alone when they should of. RESPECT..children need to learn that again!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[tanza]

@felakuti:

lets have some common sense here, you had full knowledge that the kids had a tendency to run into your yard and yet you tied the dogs out there without supervision anyway, and you also knew what kind of temperament your basenji has. I am sorry but YOU are the one responsible. Never in a million years would I tie up a basenji in my yard when i knew there were kids running around and playing. what are you nuts or something? geesh

That is a bit harsh?…. She already said that they watch them when they are tied out?

[Basenji_Boy]

@felakuti:

what are you nuts or something? geesh

Uncalled for really…..shame shame.:(

[luvsmy2bs]

Have people gone crazy in this country????? What has happened to personal responsibility?????? From the sounds of it Larka was doing her part – keeping her dogs in her yard,,,,,,,,,the neighbors with the kids have NOT done there part,,,,,,maybe they should tie their kids out and let the dogs run free for a while and see how they like it!!!!

[lvoss]

@felakuti:

lets have some common sense here, you had full knowledge that the kids had a tendency to run into your yard and yet you tied the dogs out there without supervision anyway, and you also knew what kind of temperament your basenji has. I am sorry but YOU are the one responsible. Never in a million years would I tie up a basenji in my yard when i knew there were kids running around and playing. what are you nuts or something? geesh

I think you should read the entire post that started this thread instead of bashing someone who did everything she could think of to prevent just such a situation but can not control the bad choices of her neighbors. The dogs were supervised, they are only outside to potty which the owner has a right to do. The property owners refuse to allow any sort of fencing which really only encourages this dangerous situation. The owner has worked with both dogs so she can try to prevent these incidents but the children do not listen to her verbal requests to stay off her property and away from her dogs and the parents are not present to control their children. The person did not stand idly by and allow this to happen, it happened because they could not control their dogs and their neighbors unsupervised children simultaneously.

It is sad to see someone attack another on this forum for trying to do the responsible thing.

[Barklessdog]

Yes, the owner is always responsible for the dog, but when people or other animals do something unexpected or even if they have been warned, how can anyone control that?

In hind sight it's easy, but we all make mistakes and unforeseen things happen that sometimes you can't control.

I have never heard of a basenji seriously hurting anyone.

[Larka]

Wow, that harsh one was out of left field… I WAS out there with my dogs, I'm ALWAYS out there with my dogs. The kids have been told to stay out of my yard. And a 4 year old running loose doesn't say much for the parents. Even when kids come in my yard, I grab my dogs, have them sit, and explain to the kids that if they want to pet the dogs, they have to be calm and gentle. The kid scared Lucy, it had nothing to do with her temperament. And all she did was jump up, knock him down and then run away under my deck. After it happened, I grabbed the dogs, secured them to where they had only about 2 feet to move and went to check on the kid. I'm trained EMS- I was a Navy Hospital Corpsman. The kid wouldn't let me near him and took off.

Tonight I went over there with a huge thing of candy and a big bag of dog treats. I apologized again to both parents, asked the kid if he was okay (you can no longer see any sign of the scratch) and let him pick what he wanted and as much as he wanted from the candy bowl and gave the parents the treats for the dog. They seemed better, way more calm and thanked me for the candy and dog treats.

[Quercus]

@felakuti:

lets have some common sense here, you had full knowledge that the kids had a tendency to run into your yard and yet you tied the dogs out there without supervision anyway, and you also knew what kind of temperament your basenji has. I am sorry but YOU are the one responsible. Never in a million years would I tie up a basenji in my yard when i knew there were kids running around and playing. what are you nuts or something? geesh

Well…hmmm...I certainly could leave some of my basenjis tied out while kids were running around...they wouldn't even think twice about it...worst case, they might get really tangled, or chew their way free....but that is beside the point....

I think your post is overly harsh...and doesn't reflect the whole story, as Larka has mentioned the dogs WERE supervised; the child was unsupervised; things happen; the child is okay, the dog is okay

[Vanessa]

Larka,

I am not entirely sure what the laws are in TX but in California, it is strict liability. You own a dog..you are liable for what your dog does. Even if someone is on your property. It doesn't matter if you post a "beware of dog sign" you are still liable if your dog attacks and injures someone.
I understand your situation. It’s a catch 22. This child ran towards your dog. Your dog was defending itself. This was your front yard. The courts out here don't see it that way. Basically people are supposed to control their dog no matter what. Even if the dog gets loose and you are not there.
Now with the family threatening that they will sue…I think you will be ok. This is the first offense with your pup. Animal control came to your home and checked everything out. Be cooperative with them and offer to help and if I were you, I would offer to help pay any medical expenses that the child has.
Usually animal control will take your dog and keep it for a period of 5-7 days to observe its behavior. Usually this is done if the attack is severe. If they have not done that than that’s a good thing.

I really do feel bad for what you are going through. People are quick to jump on the "lets sue" bandwagon before even trying to resolve situations amicably. Just stay in contact with animal control and your be cooperative with local authorities.
Good luck and please keep us posted. .

[jenwilson]

@felakuti:

lets have some common sense here, you had full knowledge that the kids had a tendency to run into your yard and yet you tied the dogs out there without supervision anyway, and you also knew what kind of temperament your basenji has. I am sorry but YOU are the one responsible. Never in a million years would I tie up a basenji in my yard when i knew there were kids running around and playing. what are you nuts or something? geesh

Sounds like you owe someone and APOLOGY!!! SHAME :mad:

[JazzysMom]

@felakuti:

lets have some common sense here, you had full knowledge that the kids had a tendency to run into your yard and yet you tied the dogs out there without supervision anyway, and you also knew what kind of temperament your basenji has. I am sorry but YOU are the one responsible. Never in a million years would I tie up a basenji in my yard when i knew there were kids running around and playing. what are you nuts or something? geesh

Just wondering where and when the parental responsibility kicks in?

I have six kids, and if they, ESP. if they'd been warned, ran past any dog, but esp. a tethered dog and were bitten…... there would for sure be hell to pay -- but it'd be my kids were who paying!!!!!!

[Larka]

@JazzysMom:

Just wondering where and when the parental responsibility kicks in?

I have six kids, and if they, ESP. if they'd been warned, ran past any dog, but esp. a tethered dog and were bitten…... there would for sure be hell to pay -- but it'd be my kids were who paying!!!!!!

Seriously! My older brother was mauled by a Rottweiler when he was about 9. Why was he mauled? Because he went into the fenced yard where the Rott lived and took it's food bowl. Yes, my parents flipped out, but THEY took responsibility for not looking after their kid. They didn't just turn around and go "We should sue them for this." My brother learned a lesson about getting in fences with strange dogs, my parents learned to keep a closer eye on their kids and the people who owned the Rott learned that he was food aggressive. Everybody learned from it, no one sued, and life went on.

I've been working with Animal Control and my local County Sheriffs Department. My dog is on "house arrest" until the 7th. She can't be in contact with people other than me and my roommate, she can't be in contact with dogs other than our other dog, she can't go to the dog park and she can't go to the vet unless it's an emergency. I've already admitted that my dog jumped on their kid, I've already apologized and I've already made clear that I am willing to pay them up to a reasonable point. I'm not just sitting here going "Oh my god, my dog bit a kid and now they want to sue. This is crap, I'm not at fault at all." I know that there is SOME blame to be laid with me, but the whole situation is not my fault. I'm willing to come forward for my part, now I just want the parents of this kid to come forward on theirs.

[Vanessa]

Larka,
If you find out that the parents decide to sue, PM me and I'll track down counsel for you in Tx. I work for an attorney in Ca.