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Old 07-13-2011, 12:58 PM
 
Location: Dallas, TX
944 posts, read 2,037,208 times
Reputation: 761

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I'm so sorry this happened to you! And I'm not that surprised that ACS can't do anything too drastic.

Honestly, you have to protect yourself because to the authorities (ACS, police, etc) you're a complaint or report that gets filed later. At best they reactively help you get justice for what happened after it happens, but if you want to stop it from happening in the first place it's up to you.

I always walked the dog carrying an expandable nightstick, and my father had to use it once on a dog that attempted to attack ours. Another option is dog-effective mace. The best option to ensure you end an attack is a CHL/gun.

It might be a sad state of affairs, but I don't feel safe walking outside for any length of time without some kind of weapon/deterrent.

I really hope you end up with the owner's pants at the end of that lawsuit.
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Old 07-13-2011, 04:36 PM
 
Location: San Antonio-Westover Hills
6,884 posts, read 20,366,517 times
Reputation: 5176
Quote:
Originally Posted by rd2007 View Post
gee, you're calling me a ludicrous fool? We could get into a contest to see who better resembles that statement, but you already won that one...
I have to ask, rd, what would you say if these dogs killed her dogs? What if they seriously bit her, enough to cause maybe a staph infection that her arm would have to come off? What if they mauled her face or worse-- killed her?

Would you say these dogs ought to still have the run of their yard?
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Old 07-14-2011, 12:09 AM
 
6 posts, read 13,222 times
Reputation: 10
our story will let you know here is TX and San Antonio, they treat dogs better than human beings. Vicious dogs have more rights than people.

My little son was bitten by our neighbore's dog, and we got reports from SAPD and ACS. After mediation, the owner refused pay anything. Then I have to sue her to the small claim court. The judge didn't trust the reports and keep asking me like that: "how do you know it is her dog?" "how do you know the dog bite your son not scratch?" "why you bring your son to hospital?" "why the hospital charge you so much?". I cannot believe that the judge ignore the report and discussed with the owner and ask her "do you think he should bring the boy to hospital?" Finally, he said the hospital charged me too much, so the owner don't need pay me back. Then, finally, I understand why there are so many dog owners in San Antonio didn't train their dog well and unleash animals, just because they will not loose anything.

I really understand y2payton's feeling and helpless, my wife and I are both in the same situation. Any suggestion will be really appreciated.
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Old 07-14-2011, 03:20 AM
 
Location: San Antonio
522 posts, read 1,130,415 times
Reputation: 340
once again i think some folks are misinterpreting sympathy for dogs as a /lack/ of sympathy for victims, or more erroneously, sympathy for the owners. those laws and loop holes that folks think are protecting the dog? they're not. they're benefiting the people that failed those dogs, and screwing everyone else over. how is returning a dog to an owner who doesn't give a damn about the dog's well being or public safety benefit the dog? how does it benefit anyone but the owner?
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Old 07-14-2011, 11:30 AM
 
9 posts, read 14,392 times
Reputation: 35
Quote:
Originally Posted by siwen View Post

I really understand y2payton's feeling and helpless, my wife and I are both in the same situation. Any suggestion will be really appreciated.
You need to make a big deal about the attack. Since this happened to me, I have called ACS everyday, I went down there on Tuesday with all my files and pictures and made a scene in the lobby, I contacted my councilman, I contacted and emailed the school where this happened by, I got all my neighbors/friends/facebook friends to email their outrage to the authorities and FINALLy something is being done. An ACS rep came to my house today, where he was met by councilman Carlton Soules and his aide. They are FINALLY going to take this seriously and will schedule a hearing to determine the dogs aggressiveness and if they should be put down.

I was naive before and assumed law enforcement was on my side, but I've learned that if you want things done, you have to do it yourself and fight for your rights. I just feel bad for anyone who has gone thru this and maybe wasn't as educated about their rights, didn't know the proper channels to go thru or couldn't get time off work to fight it.
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Old 07-14-2011, 11:33 AM
 
36 posts, read 154,943 times
Reputation: 45
I second calling Kens 5. It's worth a try.
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Old 07-14-2011, 12:29 PM
 
5,760 posts, read 11,521,015 times
Reputation: 4949
Quote:
Originally Posted by majormadmax View Post
Source: Texas Animal Laws

But if a person feels the dog threatens them with death or serious injury, they may have a defense under Texas Penal Code section 9.22 Necessity. They could still be arrested for discharging a firearm in the city limits or 42.01. DISORDERLY CONDUCT ((7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code; and (9) discharges a firearm on or across a public road;). It's all a matter of how badly someone feels they need to defend themselves.

And oddly enough, there are laws concerning dogs attacking livestock, domestic animals, or fowls; but nothing specific about them attacking humans!!

Anyhow, San Antonio does have animal control laws, so loose dogs are a violation of those. I for one am not going to risk injury or even rabies if a large dog like that was attacking, I'd put it down and deal with any consequences that may arise.

Hell, if our governor can do it, what can't I?

Bu the way, state law requires that all animal bites must be reported to Animal Care Services. You may call the bite office line at (210) 207-6667 or 311 24 hours a day, 365 days a year! (Source) Maybe ACS will know how to handle the situation better than the SAPD!

Cheers! M2
Your "pawspal" link is (intentionally?) misquoting the law.

Here it is in full >>>

TEX PE. CODE ANN. § 42.092 : Texas Statutes - Section 42.092: CRUELTY TO NONLIVESTOCK ANIMALS

One thing is for sure. The cities that are too lazy to enforce the dog laws are also too lazy to enforce any laws against shooting them.

Back in South Dallas, I shot so many feral pit bulls I lost count. Hood Rats in the neighborhood would breed and train them for sport fights and turn them loose.

They would come around our place looking to kill and eat our cats for food.
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Old 07-14-2011, 12:45 PM
 
36 posts, read 87,806 times
Reputation: 40
Take pictures right away of all the injuries and contact an attorney. Though my case was different. I sent my wife to a salon while she was pregnant to pamper herself and they burned her face while doing a facial. They denied any wrong doing, she called me and was in tears. They accused her saying she was putting on an act because she didn't want to pay!!!! As soon as I got there, they quickly changed attitudes and started applying lotions and asking her how far she is in her pregnancy. They apologized and we left. I contacted an attorney that I know, we sent him pics of the burn marks. All is took was one document to be sent, they quickly turned around and wanted to settle out of court. We could have made about 5K but settled for 1600$ simply because we wanted to prove a point! We were NOT in it for the money. So I don't know how this would apply in your case but worth a shot. The fact that there is an elementary school that is DANGEROUS! I would also try and contact the media and make A LOT OF NOISE. If you want I can give you the contact info for my attorney if that helps. Good luck!
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Old 07-14-2011, 01:47 PM
 
6 posts, read 13,222 times
Reputation: 10
I contact some lawyers, both think it is not a big case, so nobody want take it. We are temporarily living in San Antonio, so we rent the apartment. The dog owner lived in the same apartment complex with us. I know the lawyers think they can not get big money from the owner so they will not take this case.

We are moving to another state soon. Maybe cannot do anything if the lawyer don't want take it. But I am still happy you get something you deserve.
Quote:
Originally Posted by y2payton View Post
You need to make a big deal about the attack. Since this happened to me, I have called ACS everyday, I went down there on Tuesday with all my files and pictures and made a scene in the lobby, I contacted my councilman, I contacted and emailed the school where this happened by, I got all my neighbors/friends/facebook friends to email their outrage to the authorities and FINALLy something is being done. An ACS rep came to my house today, where he was met by councilman Carlton Soules and his aide. They are FINALLY going to take this seriously and will schedule a hearing to determine the dogs aggressiveness and if they should be put down.

I was naive before and assumed law enforcement was on my side, but I've learned that if you want things done, you have to do it yourself and fight for your rights. I just feel bad for anyone who has gone thru this and maybe wasn't as educated about their rights, didn't know the proper channels to go thru or couldn't get time off work to fight it.
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Old 07-14-2011, 10:05 PM
 
1,316 posts, read 3,401,203 times
Reputation: 940
Quote:
Originally Posted by y2payton View Post
You need to make a big deal about the attack. Since this happened to me, I have called ACS everyday, I went down there on Tuesday with all my files and pictures and made a scene in the lobby, I contacted my councilman, I contacted and emailed the school where this happened by, I got all my neighbors/friends/facebook friends to email their outrage to the authorities and FINALLy something is being done. An ACS rep came to my house today, where he was met by councilman Carlton Soules and his aide. They are FINALLY going to take this seriously and will schedule a hearing to determine the dogs aggressiveness and if they should be put down.

I was naive before and assumed law enforcement was on my side, but I've learned that if you want things done, you have to do it yourself and fight for your rights. I just feel bad for anyone who has gone thru this and maybe wasn't as educated about their rights, didn't know the proper channels to go thru or couldn't get time off work to fight it.
You are amazing! Good for you! You should feel proud of yourself for having that courage to stand up for what you know is right.
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