Dog attack recourse, need advice - Page 1

So I just got back from animal emergency, a puppy I bred was attacked and I met with her family there.

She was taking her for a walk when a boxer and a pit broke down their fence and attacked her five month old pup. Worst injuries for the pup were deep punctures to her forearm, no breaks, and something with her teeth, I think her puppy teeth ripped out and they put some stitches in her mouth. I'm sure she has holes in other places, too, but she stayed on her feet and fought back. Bless her fiery little heart, that pit did not go away unscathed.

The owner took a deep puncture to her hand with some scrapes on top, it was swelling heavily when I saw it and she's at the hospital now.

Get this crap. The owner of the dogs who attacked was not even home. Left the dogs alone in the yard. The icing? They've done this before, the police have it on record. They are at animal control now, will be deemed vicious, and likely euthanized.

I know we have a few knowledgeable people here when it comes to dog bite law, anyone have any advice to share, specifically in the state of IL? One person advised legal recourse through the homeowner's insurance. I don't know how that works, so any tips on how this girl can get paid her dog's vet care, her medical care, and some restitution to cover the training costs to make sure this doesn't f*@# up this dog for life, would be much appreciated.

She can definitely go through the homeowners insurance. Most likely then the homeowners will cancel the homeowner. Sorry I dont live in Il answer specific questions relating only to that state. Small claims court comes next.

Be aware however that if this woman does not have group health insuranace and is a cash pay, I wouldnt wait for the homeowners policy to pay or she may be sent to collection. I say that because I used to work trauma and patients would wait for "the other person to pay" and I would end up sending them to collection because they refused to pay.

Barb

Are there going to be any criminal charges based on the dog attack?  In my jurisdiction we have harboring a vicious dog.  I am prosecuting one right now and restitution will be part of any adjudication of the matter.  With that said, resolution in a criminal matter is not always speedy and there is truth to the saying about getting blood from a turnip....  I would be looking into the insurance angle along with any potential criminal charges.

Before starting any legal action, contact the owner of the two dogs and give them the opportunity to "do right" by the actions of their dogs--cover all costs to both you and your dog.  It is true that your pup could have future emotional problems that will affect his temperment and personality; and if you do not have the knowledge to train this out of your pup, you will need professional help.  It may take a lot of patience and time on your part.  The breed and age of your pup has a lot to do with the long term problems.

I personally get very upset with dog owners that do not train and do not provide proper supervision of their dogs.  Many breeds get a bad wrap because the owners of the dogs do not take responsibility--and get off the couch--to properly raise a pup to adulthood so it becomes a good member of society.  I do rescue work and spend a lot of time retraining (or more acurately TRAINING FOR THE FIRST TIME) dogs that owners give up because they are uncontrollable.  Even after training, however, I must be very careful where I place these dogs out to.

Chances are the homeowner will not step up to the plate in this case.  If the police already have a file on the dogs, the owner was negligent in not properly confining the dogs so they could not get out of the yard.  The entire situation could have been MUCH worse.  Every state has their own laws governing dog attacks and bites.  Unfortunately, I believe the pit is done for.  I believe Illinois has strick laws governing pit bulls.  If there is a previous record, both dogs will probably be put down.  I hate to see this happen to dogs because of stupid owners.  You do not buy any dog, take it home, do nothing with it, and get Rin Tin Tin.  DOGS ARE A BIG RESPONSIBILITY. 

You will probably have to contact a lawyer in the matter.  When you win your case in court, the judgement will probably cover court cost, attorney fees, and damages.  But again, I am not an attorney, this is just from personal knowledge and courts can be funny places.  And by the way, just because you win the court case and receive a judgement, it does not mean you will necessarily receive a single penny.  To collect the damages you may have to go thru a lot more hassel. That is why going to the owner is your first step.  He or his homeowners insurance are your first step.  He may not carry much insurance however; and his insurance company may have an exclusion in their policy for those breeds of dogs.  Insurance doesn't cover everything.  It is, however, the easiest (and therefore the first avenue) way to get the matter handled.  Good luck and I hope both you and your pup are doing well.  Elizabeth  P.S.  Thankfully most dog owners are responsible people and try to raise their precious family members properly.
 

Stroud Haus, she's isn't my puppy, I bred her. The owner has been training with me for a while now, and we will definitely keep her on track. This is a fiesty little girl who has a big mouth anyway. One of the damnedest things about this was as she went on her walk last night, her owner was so proud that she walked so nicely and did not make a peep at a single dog they passed- then this happened.

Personally, I would go after the pit's owner hard, her dogs broke out and attacked a dog previously and yet she made the concious decision to leave these dog in her yard while she was not home. I seriously doubt she will do right by this woman and her puppy, but I guess we'll see. I hope she receives some sort of legal punishment for her gross negligence.

My experience from 1990's - 2005 in Texas was that its almost impossible to get reparations from someone who refuses to be responsible for their dogs. These people are irrisponsibe and disrespectabe and don't give a damn about anyone but themselves.  I've had show horses ruined, been bitten on while on my own property, had animas destroyed on my own front porch and in my barn, and more..... The police would make reports, I would file charges, they would get a slap on the wrist and the problem would continue. I'd file a law suit and they would move without forwarding addresses....Lawyers didn't want to bother because the didn't have enough money to make it worth while.

Laws have changes since then and I hope your pup's owner will at least be able to recoup the medical expenses, milage, time off from work, maybe a bit for .... reduced value of the pup and trama/pain and suffering....

IMO - Its never unfortunate for a vicious dog to be put down, sad maybe but never unfortunate.

TX has kind of backward animal laws, though. Hopefully IL is a little better. 

Have your pup's owner contact an attorney, preferably one who specializes in dog bite law. They often offer free consultations. 

In Texas, it is demonstrated that the way to rid yourself of nasty neighbor dogs is to buy chickens and and then shoot the dogs when they go after them. Works like a charm, I hear!

@beetree- You are feeling feisty! (I recall the thread you are referring to.)

Thanks everyone for the suggestions. I'm going to see how the pup is doing later today and I know her owner will be getting an attorney. Apparently these dogs were ALREADY deemed vicious from a previous attack, so this will not look good for the attacking dogs' owner. I'm just livid. You know how there's always one little firecracker that grabs your heart? This was that pup for me.