[brosati]

Originally Posted by brosati

Last week I opened my garage door. Unfortunately at that very moment, two young ladies walking their dogs just happened to be crossing in front of my driveway.

Before I could stop them, my two labs ran out to greet the other (smaller) dogs. The ladies were very startled, picked up their dogs, and one of them started kicking at my dogs. As soon as the garage door finished opening, I saw what was happening and called my dogs. The ladies began shouting at me because my dogs were not on a leash. I told them that I was sorry….”my dogs are very friendly and just wanted to play” (they are accustomed to playing with other dogs at the dog park). One of the ladies kept insisting that I either put my dogs back in the house or on a leash and that if I didn’t do it immediately, she would call the police.

I told her that since my dogs were in their own yard and under my control there was no need for me to put them in the house or on a leash. This infuriated the lady. She yelled at me for a few more minutes, and then she and the other lady continued on their way.

The next day an animal control officer knocked on my door. He wanted me to bring the dogs outside so that he could take their picture. I asked him why. He said that a complaint had been filed against me; that one of the ladies claimed that her dog had a puncture wound caused by one of my dogs, and that she wanted to press charges against me. He then asked to see my dogs' Rabies Certificates. I told him I would have to look for the certificates, but that they did have their rabies tags on their collars.

He said that I did not have to give him the certificates, but make sure I have them when I show up at court.

He also said that since he did not see the incident, his job was to report it to the DA's office and the District Attorney would make the decision as to whether or not the case would be worth prosecuting. He said that I would be getting a letter from the District Attorney’s office advising me as to whether or not and when I would have to report to court.

Has anyone had a similar experience? Should I hire an attorney?

Although I never heard from the District Attorney's office regarding this issue, I did receive a certified letter from the owner of the dog today demanding that I pay her Vet bill or she will take legal action against me.

The bill came to a total of $350.00. The date of the visit to the Vet was two weeks after the incident. Apparently the owner found a bruise on her dog and took it in for x-rays.

I called the Vet to verify that the visit actually took place, and was pleased to hear that the dog is fine.

It is obvious to me that this lady just wants to punish me for the incident, one way or another.

I’ve decided to pay the $350.00 and put this whole incident behind me even though I doubt that the bruise was caused by my dogs.

[dynimagelv]

I would offer to pay half....take it or leave it

[olecapt]

Originally Posted by dynimagelv

I would offer to pay half....take it or leave it

Yup..a reasonable outcome.

If she turns you down let her sue. It basically has to be in small claims court. It is an interesting experience.

That is a Court of Equity...not of Laws. Or "Don't sweat the details do the right thing". You don't need a lawyer and the worse that happens is she nails you for the $350 and the costs which are less than $100.

[dynimagelv]

Originally Posted by dynimagelv

I would offer to pay half....take it or leave it

AND, the offer exists for one hour

[guinnessjim]

no way in hell i would pay that....two weeks after the fact? if she was really worried about her dog she would have taken it in immediately.

and i just had my bulldog in for x-rays...total cost for 2 full leg x-rays, large dose of sedative (needed to knock him out so he would relax his leg muscles), >100 lb dose of medicam, and a weeks supply of rimadyl was only $275 (i say only in the context of the $350 x-ray bill and the fact that i thought i had a torn ACL on my hands).

she is fleecing you.

i understand if it is a peace payment on your part, but she sounds like she will always be a b***h to you, so i doubt it is worth it.

[dynimagelv]

Originally Posted by guinnessjim

no way in hell i would pay that....two weeks after the fact? if she was really worried about her dog she would have taken it in immediately.

and i just had my bulldog in for x-rays...total cost for 2 full leg x-rays, large dose of sedative (needed to knock him out so he would relax his leg muscles), >100 lb dose of medicam, and a weeks supply of rimadyl was only $275 (i say only in the context of the $350 x-ray bill and the fact that i thought i had a torn ACL on my hands).

she is fleecing you.

i understand if it is a peace payment on your part, but she sounds like she will always be a b***h to you, so i doubt it is worth it.

I couldnt agree more GJ......as a peace payment 50%.....to satisfy ME.....kiss this lady

[jfkIII]

LV is just full of scam artists...and they come in all shapes, sizes, colors and genders! On principle alone...she'd have to take me to small claims court. You gotta make her work a little!

[Talia62]

Well, not to bag on the OP here, but if your dogs ran out of the garage before you could stop them, then legally they were not under your control, and the woman may actually have a case if she can prove damages. It doesn't matter if they were on your property or on the public sidewalk, you didn't have control of them at all times. That being said, I wouldn't hire an attorney until I find out if the DA is going to do anything about it.

[guinnessjim]

Originally Posted by Talia62

Well, not to bag on the OP here, but if your dogs ran out of the garage before you could stop them, then legally they were not under your control, and the woman may actually have a case if she can prove damages. It doesn't matter if they were on your property or on the public sidewalk, you didn't have control of them at all times. That being said, I wouldn't hire an attorney until I find out if the DA is going to do anything about it.

that part of the 'incident' has been well discussed. the follow up involves paying for a vet bill that occurred two weeks after the fact.

if there was truly concern of an injury to the little dog, the woman should have taken it to the vet immediately. i used to work at an emergency veterinary clinic...if we had a dog presented to us that had been injured two weeks previously, we would have considered the owner to be neglectful. i am doubting that the owner is neglectful to her dog, therefore doubting the claim of an injury serious enough to warrant a $350 vet bill.

just my opinion.

[olecapt]

Originally Posted by Talia62

Well, not to bag on the OP here, but if your dogs ran out of the garage before you could stop them, then legally they were not under your control, and the woman may actually have a case if she can prove damages. It doesn't matter if they were on your property or on the public sidewalk, you didn't have control of them at all times. That being said, I wouldn't hire an attorney until I find out if the DA is going to do anything about it.

That was all covered earlier in the thread. Dogs can run out of the garage and still be "under control". At least if you live in the County.