Dog attack - Ellie dislocated toe - me, broken bones UPDATE
- Thread starter jjthink
- Start date
- Thread starter
- #52
hi everybody and thank you so very much for your concern and ideas. i just got back from the vets with ellie - at least efforts resulting in my fractures seem to have spared her a similiar or worse diagnosis. the vet could find no puncture wounds and is hopeful she just sprained her leg (she is still lame). he gave her an antiinflammatory injection. she is back with BJ now and he is celebrating with the most beautiful greeting for her and she isresponding with the sweetest little churtle sounds. she seems to need to lay an egg so i'm giving them some peaceful indoor time together.
i just called the police for a police report and they said there was none because no ambulance. i said 'i'd like to have one please and p.s. a friend drove me to the ER'. he was extremely gruff and said he'd send someone out when they could get here. what's with the attutude problem everyone has? we're paying their salaries - they could afford to at least be polite. i will ask what charges i can press and see what response i get.
i have an orthopod appt later today - hoping they don't have to rebreak/do surgery.....I don't know the owner well although ironically, the people who are flooding me out because of breaking laws with their development had these dog-owning folks lie for them at a public meeting about the development's impacts.
i ave a fenced run - was just trying to give ellie and BJ a bit of cloesly supervised 'free range' time outside of it because they were going stir crazy confined and they so fervently wanted to explore - they were still on my property though, with me only 12 inches from Ellie when it all happened, for all the good it did. pay $10K in property taxes for my littleplace and can't even safely allow my pets to enjoy it.
i just called the police for a police report and they said there was none because no ambulance. i said 'i'd like to have one please and p.s. a friend drove me to the ER'. he was extremely gruff and said he'd send someone out when they could get here. what's with the attutude problem everyone has? we're paying their salaries - they could afford to at least be polite. i will ask what charges i can press and see what response i get.
i have an orthopod appt later today - hoping they don't have to rebreak/do surgery.....I don't know the owner well although ironically, the people who are flooding me out because of breaking laws with their development had these dog-owning folks lie for them at a public meeting about the development's impacts.
i ave a fenced run - was just trying to give ellie and BJ a bit of cloesly supervised 'free range' time outside of it because they were going stir crazy confined and they so fervently wanted to explore - they were still on my property though, with me only 12 inches from Ellie when it all happened, for all the good it did. pay $10K in property taxes for my littleplace and can't even safely allow my pets to enjoy it.
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There have been a couple of people that have suggested buiding a fence. If you want to build one and save a couple of pennies, you could always build a pallet fence. I've seen some pictures of some that look rather nice. If you go on Freecycle, you can probably even get the pallets for free.
Oh, I am just SO sorry that this happened to you and your poor Ellie - it takes every ounce of self control I posses to write this with a cool head, because it is truly outrageous, and needlessly tragic.... but you know that, and my repeating it won't help you... so here's some power of information that may fortify your reaction to this tragedy.
I just looked up the NJ Statutes about dogs and livestock, and while they are not worded as strongly as in Kentucky, where BYCer "Lickskillet" is enduring the aftermath of a dog attack that decimated her flock and endangered her daughter... nor worded as strongly as in Wyoming, where I live... (oo but I did just read a statute that your Municipality is also liable for this - would be good to pursue this too so the animal control officer is held accountable for not doing his job... although going after the municipality may make it so that no damages may be filed against the owner... a person whom it sounds as though needs a bit of checkbook therapy)
It doesn't seem that you will get much help from the dinglefritz animal control officer, so I would run, not walk, to a good attorney... (I have almost NEVER given this advice, because it should be used for extreme cases of harmful negligence) It is NOT NOT NOT in any manner of imagination YOUR FAULT that this dog bit you or damaged your hen... (and for this argument, it's stronger under the law if you call her 'livestock' even though we all know they are more than that) There is ZERO GRAY AREA here. So, filing a lawsuit may be the appropriate way to a.) have a return on every penny of your medical bills, and veterinary bills... b.) create an additional cost loss for the negligent dog owner substantial enough to snap them out of the stupidity of thinking they are above the law because their dog is, to them, beloved and therefore above reproach. c.) Protect yourself and your community (including children whom this dog could bite - nevermind that they say the dog did this in a predatory frenzy... all that proves is that the dog is incapable of making a distinction, and therefore as a domesticate should be tagged as violent and dangerous and a severe liability) from an additional attack.
Next, ABSOLUTELY DEMAND all vaccination records from this dog owner... you have been exposed to anything this dog may carry. If the dog isn't current on all vaccinations, you have the right to have the dog destroyed, or at LEAST pile that on to the damages in your claim.
Here are the NJ statutes that I found with a super fast perusal this morning... and they do NOT include those statutes regarding dogs attacking people, which is your strongest argument.
I know all of this won't reverse time, or change things for your dear Ellie, or for your injury, but I do I hope they help in fortifying your understanding about your rights, and the strength of the laws behind you.
New Jersey
Title 4. Agriculture and Domestic Animals. Chapter 19. Dogs, Taxation and Liability for Injuries Caused by. Article 1. Taxes and Use Thereof; Injuries to Animals and Poultry.
4:19-9. Right to destroy offending dogs
A person may humanely destroy a dog in self defense, or which is found chasing, worrying, wounding or destroying any sheep, lamb, poultry or domestic animal.
4:19-7. Effect of article on owner's liability
This article shall not exempt the owner, possessor or harborer of a dog from liability for damage done by it but he is hereby declared to be responsible for such injury. A civil action may be brought by a person for the full amount of the damages sustained by him and in such action it shall not be necessary to prove that the dog was accustomed to commit the injury complained of or a similar injury.
The presentation of a claim for damages to the governing body of a municipality shall constitute a waiver of all claims against the owner.
4:19-8. Failure to kill dog found worrying animals or poultry; penalty; triple damages
An owner or person harboring a dog which is found killing, worrying or wounding any sheep, lamb, domestic animal or poultry, who shall, after being informed thereof, fail to kill the dog within twenty-four hours after receiving such information, shall be liable, to any person who shall sue for the same, to a penalty of ten dollars ($10.00), to be recovered with costs by a civil action before the Superior Court and shall also pay triple damages for any injury done.
4:19-17. Legislative findings and declarations
The Legislature finds and declares that certain dogs are an increasingly serious and widespread threat to the safety and welfare of citizens of this State by virtue of their unprovoked attacks on, and associated injury to, individuals and other animals; that these attacks are in part attributable to the failure of owners to confine and properly train and control these dogs; that existing laws at the local level inadequately address this problem; and that it is therefore appropriate and necessary to impose a uniform set of State requirements on the owners of vicious or potentially dangerous dogs.
Here is a link to some of this...
http://www.animallaw.info/statutes/stusnjst4_19_1_4_19A_17.htm#vicious
I just looked up the NJ Statutes about dogs and livestock, and while they are not worded as strongly as in Kentucky, where BYCer "Lickskillet" is enduring the aftermath of a dog attack that decimated her flock and endangered her daughter... nor worded as strongly as in Wyoming, where I live... (oo but I did just read a statute that your Municipality is also liable for this - would be good to pursue this too so the animal control officer is held accountable for not doing his job... although going after the municipality may make it so that no damages may be filed against the owner... a person whom it sounds as though needs a bit of checkbook therapy)
It doesn't seem that you will get much help from the dinglefritz animal control officer, so I would run, not walk, to a good attorney... (I have almost NEVER given this advice, because it should be used for extreme cases of harmful negligence) It is NOT NOT NOT in any manner of imagination YOUR FAULT that this dog bit you or damaged your hen... (and for this argument, it's stronger under the law if you call her 'livestock' even though we all know they are more than that) There is ZERO GRAY AREA here. So, filing a lawsuit may be the appropriate way to a.) have a return on every penny of your medical bills, and veterinary bills... b.) create an additional cost loss for the negligent dog owner substantial enough to snap them out of the stupidity of thinking they are above the law because their dog is, to them, beloved and therefore above reproach. c.) Protect yourself and your community (including children whom this dog could bite - nevermind that they say the dog did this in a predatory frenzy... all that proves is that the dog is incapable of making a distinction, and therefore as a domesticate should be tagged as violent and dangerous and a severe liability) from an additional attack.
Next, ABSOLUTELY DEMAND all vaccination records from this dog owner... you have been exposed to anything this dog may carry. If the dog isn't current on all vaccinations, you have the right to have the dog destroyed, or at LEAST pile that on to the damages in your claim.
Here are the NJ statutes that I found with a super fast perusal this morning... and they do NOT include those statutes regarding dogs attacking people, which is your strongest argument.
I know all of this won't reverse time, or change things for your dear Ellie, or for your injury, but I do I hope they help in fortifying your understanding about your rights, and the strength of the laws behind you.
New Jersey
Title 4. Agriculture and Domestic Animals. Chapter 19. Dogs, Taxation and Liability for Injuries Caused by. Article 1. Taxes and Use Thereof; Injuries to Animals and Poultry.
4:19-9. Right to destroy offending dogs
A person may humanely destroy a dog in self defense, or which is found chasing, worrying, wounding or destroying any sheep, lamb, poultry or domestic animal.
4:19-7. Effect of article on owner's liability
This article shall not exempt the owner, possessor or harborer of a dog from liability for damage done by it but he is hereby declared to be responsible for such injury. A civil action may be brought by a person for the full amount of the damages sustained by him and in such action it shall not be necessary to prove that the dog was accustomed to commit the injury complained of or a similar injury.
The presentation of a claim for damages to the governing body of a municipality shall constitute a waiver of all claims against the owner.
4:19-8. Failure to kill dog found worrying animals or poultry; penalty; triple damages
An owner or person harboring a dog which is found killing, worrying or wounding any sheep, lamb, domestic animal or poultry, who shall, after being informed thereof, fail to kill the dog within twenty-four hours after receiving such information, shall be liable, to any person who shall sue for the same, to a penalty of ten dollars ($10.00), to be recovered with costs by a civil action before the Superior Court and shall also pay triple damages for any injury done.
4:19-17. Legislative findings and declarations
The Legislature finds and declares that certain dogs are an increasingly serious and widespread threat to the safety and welfare of citizens of this State by virtue of their unprovoked attacks on, and associated injury to, individuals and other animals; that these attacks are in part attributable to the failure of owners to confine and properly train and control these dogs; that existing laws at the local level inadequately address this problem; and that it is therefore appropriate and necessary to impose a uniform set of State requirements on the owners of vicious or potentially dangerous dogs.
Here is a link to some of this...
http://www.animallaw.info/statutes/stusnjst4_19_1_4_19A_17.htm#vicious
Your best option is to contact an attorney. Most will take a case on a contingency basis and take 1/3 of the settlement as their fee. In most states you can ask for damages above and beyond your medical expenses. Hopefully, the idiot has homeowner's insurance because surgery is going to be expensive. If you cannot find a lawyer to help I would suggest a letter either from you or somebody acting on your behalf.
Maybe something like this (yes, I like to write letters)
Your name
your address
Stupid Dog Owner
Stupid dog owner's address
Re: Dog at large causing injury
date
Dear Stupid,
On (insert date) your dog was running at large on my property chasing, worrying and attempting to injure or kill my poultry. In my attempt to intervene, I was attacked and injured by your large dog. Local laws prohibit dogs running at large, dogs chasing, worrying, injuring or killing domestic animals and livestock and dogs biting humans.
Dogs running at large are a hazard to the safety of people, pets and livestock. It is your legal obligation to keep your animals in your yard. Please be advised of the following New Jersey statutes.
4:19-8. Failure to kill dog found worrying livestock, penalty
4:19-8. An owner or person harboring a dog which is found killing, worrying or wounding any sheep, lamb, domestic animal or poultry, who shall, after being informed thereof, fail to kill the dog within twenty-four hours after receiving such information, shall be liable, to any person who shall sue for the same, to a penalty of ten dollars ($10.00), to be recovered with costs by a civil action before the Superior Court and shall also pay triple damages for any injury done.
4:19-9. Right to destroy offending dogs
A person may humanely destroy a dog in self defense, or which is found chasing, worrying, wounding or destroying any sheep, lamb, poultry or domestic animal.
It is your responsibility as a pet owner to contain your animals on your property. Legally, I would have been within my rights to kill your dog. I could also demand that your dog be euthanized (see the above mentioned statute) for "chasing and worrying" my birds. I am still considering that option. I value my animals greatly and do not want to see them maimed or killed by other people's pets.
The purpose of this letter is to attempt to resolve the issue of damages arising from your dog attacking and injuring me and attacking my animal. You are responsible for this incident because your dog was not contained on your property. As a direct result of this incident, I will incur substantial losses due to medical bills, inability to work, vet bills and emotional suffering, etc. In an attempt to avoid the time and expense of formal civil court proceedings, I suggest that we resolve the issue. You clearly are responsible for all of the losses that resulted from this incident. Instead of civil court proceedings, I propose that these damages be paid by you or your insurer. Please forward to me the contact information for your insurance company. If you have no insurance or inadequate insurance, I will hold you personally financially liable.
If the requested insurance information is not immediately forthcoming, I will take legal action. I will additionally hold you liable for any and all legal costs I incur.
Sincerely,
your name
I hope your hand comes out OK. I can't believe the callousness of the dog owner and AC. YOu need to become the squeaky wheel. If you can't just shoot the dog, you need to use all of the laws to your advantage. Go to the police and insist charges be presses. Dogs injuring humans are dangerous. If the police are unresponsive, visit the county, city or district attorney and demand charges be presses. It is your right. Also, visit animal control and insist that they listen to you. Educate them that one pet is not more valuable than another. I'll be thinking of you. Prayers sent your way.
Jody
Maybe something like this (yes, I like to write letters)
Your name
your address
Stupid Dog Owner
Stupid dog owner's address
Re: Dog at large causing injury
date
Dear Stupid,
On (insert date) your dog was running at large on my property chasing, worrying and attempting to injure or kill my poultry. In my attempt to intervene, I was attacked and injured by your large dog. Local laws prohibit dogs running at large, dogs chasing, worrying, injuring or killing domestic animals and livestock and dogs biting humans.
Dogs running at large are a hazard to the safety of people, pets and livestock. It is your legal obligation to keep your animals in your yard. Please be advised of the following New Jersey statutes.
4:19-8. Failure to kill dog found worrying livestock, penalty
4:19-8. An owner or person harboring a dog which is found killing, worrying or wounding any sheep, lamb, domestic animal or poultry, who shall, after being informed thereof, fail to kill the dog within twenty-four hours after receiving such information, shall be liable, to any person who shall sue for the same, to a penalty of ten dollars ($10.00), to be recovered with costs by a civil action before the Superior Court and shall also pay triple damages for any injury done.
4:19-9. Right to destroy offending dogs
A person may humanely destroy a dog in self defense, or which is found chasing, worrying, wounding or destroying any sheep, lamb, poultry or domestic animal.
It is your responsibility as a pet owner to contain your animals on your property. Legally, I would have been within my rights to kill your dog. I could also demand that your dog be euthanized (see the above mentioned statute) for "chasing and worrying" my birds. I am still considering that option. I value my animals greatly and do not want to see them maimed or killed by other people's pets.
The purpose of this letter is to attempt to resolve the issue of damages arising from your dog attacking and injuring me and attacking my animal. You are responsible for this incident because your dog was not contained on your property. As a direct result of this incident, I will incur substantial losses due to medical bills, inability to work, vet bills and emotional suffering, etc. In an attempt to avoid the time and expense of formal civil court proceedings, I suggest that we resolve the issue. You clearly are responsible for all of the losses that resulted from this incident. Instead of civil court proceedings, I propose that these damages be paid by you or your insurer. Please forward to me the contact information for your insurance company. If you have no insurance or inadequate insurance, I will hold you personally financially liable.
If the requested insurance information is not immediately forthcoming, I will take legal action. I will additionally hold you liable for any and all legal costs I incur.
Sincerely,
your name
I hope your hand comes out OK. I can't believe the callousness of the dog owner and AC. YOu need to become the squeaky wheel. If you can't just shoot the dog, you need to use all of the laws to your advantage. Go to the police and insist charges be presses. Dogs injuring humans are dangerous. If the police are unresponsive, visit the county, city or district attorney and demand charges be presses. It is your right. Also, visit animal control and insist that they listen to you. Educate them that one pet is not more valuable than another. I'll be thinking of you. Prayers sent your way.
Jody
- May 1, 2009
- 68
- 0
- 29
This may be over-stepping on my part, and if so, I apologize in advance, but...
Is there perhaps somebody who lives near enough to JJ to help her out by accompanying her when she deals with the authorities-they obviously aren't taking her seriously and I'd hate to see them continue to brush her off or bully her until she gives up. Or..if nobody is available to do this, maybe somebody could stop by now and then to help her with her chores while her hand heals?
Again, if I'm out of bounds for even suggesting these things, I apologize and only mean well.
Best wishes for a speedy recovery to JJ and Ellie both.
Is there perhaps somebody who lives near enough to JJ to help her out by accompanying her when she deals with the authorities-they obviously aren't taking her seriously and I'd hate to see them continue to brush her off or bully her until she gives up. Or..if nobody is available to do this, maybe somebody could stop by now and then to help her with her chores while her hand heals?
Again, if I'm out of bounds for even suggesting these things, I apologize and only mean well.
Best wishes for a speedy recovery to JJ and Ellie both.
if the next officer trys to blow you off , call the NEWs station they like "they won't do their job" and animal attack stories
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- Thread starter
- #58
police just came, took a report and left - said i could get it next thursday. they recommended i have animal control issue a summons to these folks for the dog being at large if i intend to pursue the matter w/civil case for med bills etc. asked her about getting the dog owner's homeowners insurance info and she said she didn't think that would cover anything - she may just not know. animal control called while i was with the police - said i'd call back but quickly told her the vet told me the dog should be quarantined for 10 days and then seen by a vet. the aco said they don't do the vet thing. will call her back as soon as i can stomach some more of her lax attitude.
jj
hcc, jody, everyone - just seeing your posts as i was about to enter this one - will read shortly - thx very much.
jj
hcc, jody, everyone - just seeing your posts as i was about to enter this one - will read shortly - thx very much.
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- May 1, 2009
- 68
- 0
- 29
Another perfect letter, Jody.
In the meantime... get a can of Bear Spray. Works wonders...
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