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I'll be filing a report with animal control this morning and speaking with a supervising officer as well. Will keep you updated.
I found some information regarding dog bite law in NC. It appears the owners may be liable if animal control deems the dog "potentially dangerous".
Also, received a call from the vet last night. Colonel Mustard will need to have his tail amputated.
§ 67-4.4. Strict liability.
The owner of a dangerous dog shall be strictly liable in civil damages for any injuries or property damage the dog inflicts upon a person, his property, or another animal. (1989 (Reg. Sess., 1990), c. 1023.)
§ 67-4.1. Definitions and procedures.
(a) As used in this Article, unless the context clearly requires otherwise and except as modified in subsection (b) of this section, the term:
(1) "Dangerous dog" means
a. A dog that:
1. Without provocation has killed or inflicted severe injury on a person; or
2. Is determined by the person or Board designated by the county or municipal authority responsible for animal control to be potentially dangerous because the dog has engaged in one or more of the behaviors listed in subdivision (2) of this subsection.
b. Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
(2) "Potentially dangerous dog" means a dog that the person or Board designated by the county or municipal authority responsible for animal control determines to have:
a. Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization; or
b. Killed or inflicted severe injury upon a domestic animal when not on the owner's real property; or
c. Approached a person when not on the owner's property in a vicious or terrorizing manner in an apparent attitude of attack.
"I went outside around 6pm (it was dark) and saw a dog running around the outside of our perimeter fence. The rear flood lights were on so I could not make out the breed/size very well. I walk down into the back yard and see a pitbull mix looking at me from the other side of the fence. I was unaware that our small dachshund (approximately 17 pounds) followed me outside."
Just trying to understand, did the dog jump your fence and attack your dog?
I had a neighbors dog trying to jump my fence to attack me. I am very nervous to even mess around in my own back yard now. Would like to hear what happens in your situation. Best to Col. Mustard, and you.
Last edited by JanND; 01-18-2012 at 07:01 AM..
Reason: spacing
If you choose to work with the owner of the dog PLEASE make sure you get a notarized promissory note stating the exact arrangement you have made in regard to reimbursements for medical expenses.
Yes definitely. And I would be sure to have an exact dollar amount on the promissory so there's no wiggle room should it have to go to court. But like others have said she should file a claim with her homeowner's insurance.
I'll be curious to see how this all plays out. Many years ago I was attacked by two rottweilers while walking to school. Initially the police were reluctant to do anything until the school pitched a fit and then the dogs were quarantined and eventually put down. Of course the jerk that let his dogs roam around unleashed just went out and bought two more dogs after it happened I heard after I graduated another kid was attacked by his new dogs and they actually filed some sort of criminal charges against the guy. Was not sad at all when I saw a few years ago his trailer had been torn down and houses built in its place.
10 or so years ago our neighbor had a Rottweiler that would occasionally get loose and terrorize the neighborhood. No matter how many times people called, Animal Control and the RPD never responded quick enough to stop it. The dog was a indoor dog, but the owner would let it out to do its business and it would take off running.
One day, while out working in the yard, the dog charged me IN MY OWN YARD and I took off running for the closest object which happened to be a large "breaker bar" I kept in the garage for stubborn bolts on the cars. I struggled to get a good shot on the dog as it chased me around and meant serious damage.
After lots of chasing, cursing, barking, and threatening by the dog I got a serious lick on the dogs rib cage and off he went. The whole ordeal lasted about 10 minutes (it felt like HOURS). I called the cops and they said they couldn't do anything since I was not bitten and they did not witness it.
About a month later, I got a phone call from my wife asking if I was alive. I said yes I was at work and fine. Turned out that somebody had been by our house and found our porch full of flesh pieces and blood. Not knowing if it was a loved one I rushed home to find a pool of torn skin and blood covering the entire front porch and a trail leading to the middle of the front yard.
I checked with the kids, family, friends, and nobody knew nothing of what happened nor was anybody hurt. I was really concerned because it looked like somebody was torn to shreds (very gory) and looks as if it happened within' the past few hours as it was in the early afternoon and there was nothing to speak of prior to leaving. Before I got the chance to call the cops a gentle man in his eighties showed up on my front porch and very quietly and humbly apologized for the mess and asked if we would let him clean it up? I asked him what happened and it turned out that his wife was walking by our house and the dog charged her (as it had me) and she ran into our yard and tried to hide behind our storm door from the dog as it mauled and shredded the tissue of her leg trying to pull her out maybe? The dog finally left her and was crawling through our yard when somebody spotted her and called 911.
I was in tears at how humble the old man was and felt so bad knowing she was pounding on our door begging for help as that dog tore her up and nobody was home to help. Very very upsetting and I can't seem to get the images out of my head.
To the OP, make sure to take them to the cleaners. A dog like that is not a IF it is a WHEN. I should have killed that Rottweiler while I had the chance, it would have saved that elderly woman some serious trauma and her leg.
I don't know the laws in NC. You might call your insurance agent, not to file a claim, just to ask them what it is. In NY, there is a "one bite rule" - a dog gets one bite. After that, an owner is held "strictly liable" which means an owner is liable no MATTER what preceded the attack. Basically, you get one chance.
Based on what you posted above, it looks like in NC you don't even get one bite - an owner is liable from the get-go.
Here is what I would do.
Obviously call animal control AND either call back the cops or go to the police station. When you are on their turf and they can't just leave, you'll get more attention.
Send a certified letter with a copy of your vet's bill to your neighbor - whoever owns the home. Attach a copy of the statute and explain what it means. Tell them you want to handle this neighborly. They can pay the bill, or they can report it to their insurance. If they don't respond with (x) number of days, you'll have no choice but to file claims in small claims court. If the damage is above that amount you'll need to get an attorney.
Make sure you take pictures of your dog, your yard, your fence and their yard. Just in case.
Are there any limits to civil damages or liability a dog owner can face if their dog injuries someone else? Does their insurance kick in or do they have to pay out of pocket. I can see this potentially bankrupting someone or put them in deep financial trouble.
10 or so years ago our neighbor had a Rottweiler that would occasionally get loose and terrorize the neighborhood. No matter how many times people called, Animal Control and the RPD never responded quick enough to stop it. The dog was a indoor dog, but the owner would let it out to do its business and it would take off running.
One day, while out working in the yard, the dog charged me IN MY OWN YARD and I took off running for the closest object which happened to be a large "breaker bar" I kept in the garage for stubborn bolts on the cars. I struggled to get a good shot on the dog as it chased me around and meant serious damage.
After lots of chasing, cursing, barking, and threatening by the dog I got a serious lick on the dogs rib cage and off he went. The whole ordeal lasted about 10 minutes (it felt like HOURS). I called the cops and they said they couldn't do anything since I was not bitten and they did not witness it.
About a month later, I got a phone call from my wife asking if I was alive. I said yes I was at work and fine. Turned out that somebody had been by our house and found our porch full of flesh pieces and blood. Not knowing if it was a loved one I rushed home to find a pool of torn skin and blood covering the entire front porch and a trail leading to the middle of the front yard.
I checked with the kids, family, friends, and nobody knew nothing of what happened nor was anybody hurt. I was really concerned because it looked like somebody was torn to shreds (very gory) and looks as if it happened within' the past few hours as it was in the early afternoon and there was nothing to speak of prior to leaving. Before I got the chance to call the cops a gentle man in his eighties showed up on my front porch and very quietly and humbly apologized for the mess and asked if we would let him clean it up? I asked him what happened and it turned out that his wife was walking by our house and the dog charged her (as it had me) and she ran into our yard and tried to hide behind our storm door from the dog as it mauled and shredded the tissue of her leg trying to pull her out maybe? The dog finally left her and was crawling through our yard when somebody spotted her and called 911.
I was in tears at how humble the old man was and felt so bad knowing she was pounding on our door begging for help as that dog tore her up and nobody was home to help. Very very upsetting and I can't seem to get the images out of my head.
To the OP, make sure to take them to the cleaners. A dog like that is not a IF it is a WHEN. I should have killed that Rottweiler while I had the chance, it would have saved that elderly woman some serious trauma and her leg.
This is a horrible story.
And to the OP, I'm so sorry about your dog and hope he makes a full recovery. I have papillons, and they probably would have been killed in such an attack.
That said, a dog that attacks other dogs does not necessarily mean it will attack humans. I have met many dogs (in my dog filled life) that could NEVER be trusted around other dogs, but would also never hurt a human.
Are there any limits to civil damages or liability a dog owner can face if their dog injuries someone else? Does their insurance kick in or do they have to pay out of pocket. I can see this potentially bankrupting someone or put them in deep financial trouble.
Just another reason to invest in training your dog well.
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I heard after I graduated another kid was attacked by his new dogs and they actually filed some sort of criminal charges against the guy. Was not sad at all when I saw a few years ago his trailer had been torn down and houses built in its place.
