To sue or forgive? (2013, HOA, live)

[ICS67]

Totally agree with mdcrim's approach above. In his original post the OP called the dog's owner the "idiot neighbor", so I guess it's questionable if the owner will do the right thing. If he doesn't, then agree a lawsuit is in order.

I base this comment on my own experience being bit about 10 years ago while walking on the Reston trails. I was bitten from behind, on my calf, by a mutt that to judge by its appearance was at least part pit bull. I had seen it and its owner many times before, as the owner would jog with it on a leash, but with the dog straining so hard and so far ahead that it looked as if the dog was pulling the owner. After I was bit, the owner did stop, apologize, and give me his contact info. I did contact Fairfax Animal Control, which made a full report. The owner reimbursed me for my medical co-pay and for the cost of a new suit (I was walking to the bus stop to get to work when this happened), since the dog had ripped the suit pants beyond repair. Had the owner not stopped or provided contact info, I would have tried to track him down and sue his ass off, but because he did the right thing, I let the matter drop after being reimbursed.

[homebeyer2013]

Sue them. Average bite settlement is 30K. Otherwise, it will be your responsibility, when it bites again. Donate the money to chairity if you don't want it.

[cdrmike]

Animal control paid a visit and I told them the tale in person. Waiting to see what action they will take. In response to the guy who said he would have killed the dog- don't think I didn't want to. But it was a fear bite, and it immediately retreated. I had to choose between staying with my screaming child and frantic wife or running back home to get a claw hammer/hatchet/shovel, etc. I think returning to attack a dog, on a public street, would have made me the lunatic and likely put me in jail.

[Bigfoot424]

I can't believe some on here are advocating a lawsuit without really knowing all the facts and what happens on follow up. America has become such a sue happy place it's pathetic. Go sit in the courts on small claims day (open to public) and see some of the crap that's filed. Will be good for a laugh.

[BT Lover]

Originally Posted by Bigfoot424

I can't believe some on here are advocating a lawsuit without really knowing all the facts and what happens on follow up. America has become such a sue happy place it's pathetic. Go sit in the courts on small claims day (open to public) and see some of the crap that's filed. Will be good for a laugh.

100% agree. Somehow people believe that when you file a lawsuit that you don't have to pay anything. But, they rarely end up being as worthwhile as some tend to believe they are. As another poster pointed out, the damages you can receive from such a claim in the state of Virginia isn't much. Factor in the amount of money you spend filing things, hiring an Attorney, and the amount of time you have to spend away from work, it isn't worth it. I wish we had a legal system that made whomever loses pay for all the legal costs of the other party along with their own. I guarantee people would think twice then. None of us here were witnesses to what happened and in all fairness, cannot fully judge the situation because we don't have the other side of the story.

[Forehead]

Originally Posted by Bigfoot424

I can't believe some on here are advocating a lawsuit without really knowing all the facts and what happens on follow up. America has become such a sue happy place it's pathetic. Go sit in the courts on small claims day (open to public) and see some of the crap that's filed. Will be good for a laugh.

This actually sounds sort of tempting....

[HokieFan]

Originally Posted by cdrmike

Animal control paid a visit and I told them the tale in person. Waiting to see what action they will take. In response to the guy who said he would have killed the dog- don't think I didn't want to. But it was a fear bite, and it immediately retreated. I had to choose between staying with my screaming child and frantic wife or running back home to get a claw hammer/hatchet/shovel, etc. I think returning to attack a dog, on a public street, would have made me the lunatic and likely put me in jail.

Your OP implied the dog aggressively went after your child by jerking at the leash and getting away from the owner. Here you say it was a fear bite, which I take to mean the dog felt threatened and bit in (what the dog perceived as) self-defense.I'm curious as to which it was.

[VA Yankee]

Originally Posted by cdrmike

My daughter was bitten by an idiot neighbor's dog today. This is a nuisance dog and we have often commented on how the owner is barely able to control it. Well, today the pit-mix mongrel bastard pulled its leash away from him, chased and bit my kid. I saw the entire thing. The kid did absolutely nothing to antagonize the dog, except ride by on a bike, with 6 feet of clearance. The damage was minimal, just a bloody nasty tooth scraping and a scared kid. Reports have been filed with animal control, kid has been checked out by docs but I am still mad as hell. Should I search the yellow pages for Jackie Chiles or seek the peace of Buddha?

You make no mention whether there has been other incidents or if you ever spoke to the owner. You mention that you have "often commented" but where and to whom. I would also be curious to know what the owners attitude is towards all of this.

Definitely check with animal control to see what they think.

[cdrmike]

I have observed the dog dragging its owner up and down the street on "walks" for the last year. The owner is a small, physically weak man and the dog is about 100lbs of muscle. I have seen the dog lunge at other dogs and at children. Sometimes it snapped at them, other times it just bumped them. The dog is only assertive with its owner- it is in charge there. But when approached by children or other dogs, it usually tucks tail and cowers, then turns aggressive. The dog appears to have been abused and shows the type snappy, fear induced aggression that is typical. So, in this sense, a dog can indeed be scared but also aggressive and dangerous.

I have had numerous conversations with friends and neighbors about the dog, because its daily walk usually provided some comedy of inept dog handling or a drama of near disaster- always a show, as we watched from the front yard. When the dog dragged its owner up to me, about six months ago, I told him it was not safe to be unable to control a dog this size. I petted the dog briefly- it seems to be ok with adults after a timid hand sniff. But it never really relaxed, and I did not turn my back on it. I just think the doggie has issues and so does its owner. I grew up around people who raised German shepards and Dobermans. I love good dogs, and have no tolerance for screwed up ones- especially around kids.

The owner did attempt to apologize, but I was too angry to listen. I will probably try to have a conversation with him this weekend. Watching your innocent, helpless child get attacked for absolutely no reason does not put one in a conciliatory frame of mind.

[Forehead]

While I commend you for your patience on this, I wouldn't be so quick to assume the dog has been abused, or it's possible I just have a unique situation. My wife and I got a pound puppy back around Christmas of 2006, a Rott mix. She was a sweet little puppy but as snarly and snappy as you could get. We assume the problem was being separated from her mother/litter too early; the puppies were dropped off at the pound at seven weeks old.

Now we've never done the dog obedience thing with her, just showed her a lot of love, but we're very careful with her on walks. She's 80 pounds but I'm fairly large and able to control her. She does not like sudden loud noises (who does) and she really doesn't like other dogs sniffing her...her tail will go down, and then she'll do what I call an agressive retreat...she'll bark/snap while running away to hide behind me.

She's great in the house with our family, with visitors, and with our other dog, and she loves going for walks, she just has a trigger about certain things.

I guess I'm rambling a bit, just wanted to caution that the hiding/fear/snappy thing might not be abuse, there could be other factors.