Suing Owner of "Dogs at Large" for Attacking my Dog

I read the Catwallet story and it got me thinking about a situation that happened a in April 2010. My family has a pug that we adopted from the Humane Society a little over a year before the incident. Anyhow, the dog has to be on a schedule for his "business" and some times needs plenty of time to handle it. So, in the mornings during accommodating weather I would take him outside and hook him of to a lead that is connected to a corkscrew that goes into the ground and then go to work. My wife normally would come out and get him within a half hour and all is good. Well, one day I received a phone call when I was nearly at work... two dogs, much larger, were attacking him and he was badly injured. So, I came home and I took him to the vet and then when home to gather evidence. We saw the two dogs on the way home, roaming the neighborhood, so we called animal control. I got a couple of pictures of them and then animal control and the police finally were able to get them. They found the owners, who lived just across the county line and served them for court just to address the dogs being out not under their control; this is known as "dog at large" in my state code. The animal control person stopped by and said that they were sorry about what had happened and would cooperate with paying the vet bills, however, we would have to get their contact information from the county prosecutor.

It took three months to even get in touch with the right people in the prosecutor's office. They said we would have to wait until they had the hearing for the "dog at large" charges, which wouldn't be for three more months. So, we called back three months later, and had trouble reaching someone that could help us, again. Finally, about a year after the incident, we were able get their contact information. As the animal control person indicated their willingness to cooperate, I wanted to be accommodating about the situation and see if they needed to make payments, as we were requesting $1200 from them as a statement of good will (covering the vet costs and a doctor's visit for my wife who received a small bite in the scuffle). So, I contacted a local attorney that is covered in my group legal through work. He indicated that he could assist me in drafting letters and "coaching" me if we had to go to court, but he could not represent me in court under our plan. So, I asked him to draft a letter requesting the funds and that we would appreciate contact within ten days so that arrangements could be made. Then, I sent a copy via normal USPS and one via certified-mail with delivery confirmation.

A couple of days passed and I was called by a very irate individual about the letter stating that there was no way he was paying anything, and that they had already paid a $500 fine for the "dog at large" charge and that we should have been at that court hearing if we wanted to do anything about it. I called him back, as this was a voice mail message and explained my perspective and that we were trying to be accommodating. He refused so I told him that we would have to go to court. He called back a couple of hours later very apologetic as he spoke with a free attorney (he works for a local university as a systems analyst.. found him on LinkedIn... and they have a law school)... and he said he would need to see proof for the charges, which I provided within two days, again via normal USPS and certified-mail with delivery confirmation. He contacted me and said he would have his attorney look them over. I didn't hear back from him for a couple of weeks, so I sent another letter and indicated that if arrangements were not made, we would seek the maximum damages because my original request did not include PTO from work that I spent, nor any intangible damages... like having to purchases lots of medical supplies for regular dressing changes on the dog and having to take additional care of him above and beyond normal circumstances.

Anyhow, long story short, I have not heard from him and I need to go to small claims court (state limit is $6k for small claims court, and I happen to live in the county in Indiana recently reported in the WSJ where plaintiffs can "shop" for the "best" court within the jurisdiction).

I intend to litigate on my own without an attorney, though I may seek the services of the attorney that are covered in preparation. Here is what I have:

1. Pictures of my dogs initial injuries and the long healing process where he needed three surgeries to close the wounds as his skin kept dying in the affected area.
2. Pictures of the soon-to-be defendants' dogs in my neighborhood.
3. Eye witness in neighbor that first responded to the altercation and rang our doorbell to get my wife's attention.
4. Receipts from the vet for all surgeries, pain and antibiotic medications, and a week's worth of boarding at the vet as he needed special attention while I had to go out of town for work-related training. In addition, I have receipts for my wife's rabies test and sutures for her hand.
5. Copies of the court paperwork for their civil infractions.

Also, I was going to charge them for 8 hours of my PTO at $50/hour.

I also want to seek intangible damages to the maximum now and also PTO that I will consume litigating at $55/hour (I make more now).

It costs $81 to file and I intend to do it this Friday. I know two of the nine small claims court judges, one is nearest my home and one is nearest my work (which is about 30 miles from home). I can choose either of these courts, or any of the other seven. I have to imagine that the one near my work, which is the furthest of the nine from my home, and slightly further for the defendants, will be the most inconvenient for them... but it will also be the most inconvenient for my witness.

Can anyone that has personally litigated smalls claims cases on their own behalf provide any insight? What about seeking intangible damages? Since it is small claims court, I can seek up to $6k, should I seek the maximum? Also, I have seen that many will show up and look to settle just before court, now that I have been inconvenienced further, what should I settle on now, if the opportunity arises? If i win judgement, what options are available for recovery? Can I just sell the debt to a debt collector (if i win a $6k judgement, perhaps I sell for $1500-2000)?

While more money is better, I am not doing this because of my financial situation... the vet bills have been paid and the dog is sleeping by my side, healthy, as I type this. My original intent was just to collect enough to cover the basic costs because I shouldn't have to pay for someone else's mistakes; now it is about seeking further justice against someone that wants to skirt his responsibilities.

I wish you luck and this should be a easy case, however, I very much doubt the court will reward you for time taken off work.

Oh, where did this attack took place?

I can't give you any specific guidance about small claims or your state's law, but generally intangibles like PTO can't be recovered in litigation, especially not PTO that you're incurring to litigate. You probably can't recover for your own time in something like this. And the judge isn't going to be very happy if you ask for the max without anything to back up that amount. You should add up all the vet bills, medical supplies, medical bills for your wife, mailing expenses, and filing fees, and claim for that.

However, just because I (some guy on the Internet who does happen to be a lawyer, but not in your state, so take anything I say with a grain of salt) say you can't recover for PTO doesn't mean you can't ask for it. You're not a lawyer, and as long as what you're asking for seems genuinely related to the harm the defendants caused you, the judge probably won't hate you for it. There's a decent chance that they either won't show at the hearing or will try and settle the day before, and either way it's in your interest to have the amount you're claiming be as high as possible. Just have something to back it up - if you add up all the stuff you've mentioned and you don't get to $6k, then don't claim for $6k.

Also, I'm glad that your dog is doing well after this. I hope he wasn't too traumatized by the experience.

That really doesn't answer my question... is it inside your fence?

IANAL, but one of my quilty pleasure is watching those 1/2 hour small-claim TV shows. It raised a question in my mind that you *seems* to left that detail out, you can bet your behind the the judge will too. Be completely honest and open about the circumstances since you have a decent case even if you put the dog in your unfenced front yard.

Wouldn't they be able to prosecute the dog owner(s) for their dogs biting your wife? I don't have any sympathy for people who let their dogs run the neighborhood freely like that. Were both roaming dogs owned by a single individual?

Go for all you can, and good luck.

Yo Ma-Ma said:   Wouldn't they be able to prosecute the dog owner(s) for their dogs biting your wife? I don't have any sympathy for people who let their dogs run the neighborhood freely like that. Were both roaming dogs owned by a single individual?

Go for all you can, and good luck.

They did. And yes, both dogs were from the same owner. They had just adopted one of them from the Human Society, according to the animal control person... so, it was probably a pack hierarchy situation where the new dog asserted dominance over the older dog and got him to follow. They live about a mile away and the son didn't put the garage door down when he got home and the dogs were in the garage because they were muddy.

I originally wanted to be accommodating because I know that they didn't intend for this to happen... but he didn't even apologize for it happening... he essentially told me to go #$@% myself. If the roles would have been reversed, I would have sought them out to apologize and make things right; he didn't even do that after I found him.

Just as much your fault for keeping your dog chained outside all day. If that is your solution when working, you should not have a dog. They are 50% at fault imo.

Lack of a fence shouldn't make the OP liable, negligent or responsible AfAIK. Its his property and the dogs that attacked were illegally let to roam at large. IANAL

I did at one point think it may be prudent to "incentivize" the defendant to cooperate by offering up an alternative of notifying my medical insurance company of the situation so that their legal team might go after him for what they covered for my wife...

My life is much too hectic to pursue this as a personal injury case... I really just want my expenses covered and then to humble this guy a bit... After my first phone conversation, I couldn't stop from laughing uncontrollably about this guy's attitude toward the situation.

RedCelicaGT said:   Can you file a claim against his homeowner's insurance?

The attorney with whom I spoke didn't seem to think so...

BEEFjerKAY said:   Dus10 said:   RedCelicaGT said:   Can you file a claim against his homeowner's insurance?

The attorney with whom I spoke didn't seem to think so...

Then find an attorney that's not incompetent.

Dog bites, etc are among the most common homeowners liability claim types.

Well, in the "fog of war"... my wife doesn't know which dog bit her... it could have been our own dog, as he was in a defensive position trying to protect himself. He would have never bitten her outside of those circumstances, so I know where the blame stands... but since nobody knows the facts, or is willing to outright state them, it is probably more prudent to skirt that conversation.

But didn't your DOGS get bitten? Or am I just confused?

As for your wife, it should be relatively straight forward to rule your dog in or out based on the bite pattern.

Again, find an attorney that's not an idiot.

edit: never mind, I see now in the wall of text that this took place months ago. No wonder the attorney said it wasn't worth trying the homeowners insurance route.

Yeah, these threads all get so dreary when the OP includes boatloads of useless info and skirts owning up to what s/he really knows.

SUCKISSTAPLES said:   reading between the lines, it sounds like op knows his dog bit his wife

No, I don't know that... I was not there. My wife said she didn't know which dog it was. Since the witness didn't know either, it is pretty much just her word... and the doctor didn't do any genetic forensics like on CSI to figure out which dog did it... so there is just no evidence with a proper chain of custody. I don't want to run into something looking foolish.

I have substantial evidence for the other matters, including their admission in the civil court. Seems reasonable to pursue that route.

Dus10 said:   SUCKISSTAPLES said:   reading between the lines, it sounds like op knows his dog bit his wifeNo, I don't know that... I was not there. My wife said she didn't know which dog it was. Since the witness didn't know either, it is pretty much just her word... and the doctor didn't do any genetic forensics like on CSI to figure out which dog did it... so there is just no evidence with a proper chain of custody. I don't want to run into something looking foolish.

Please. Back in the day, they just took photos of the bite.

"Proper chain of custody" ... this is turning into My Cousin Vinny.

BEEFjerKAY said:   But didn't your DOGS get bitten? Or am I just confused?

As for your wife, it should be relatively straight forward to rule your dog in or out based on the bite pattern.

Again, find an attorney that's not an idiot.

edit: never mind, I see now in the wall of text that this took place months ago. No wonder the attorney said it wasn't worth trying the homeowners insurance route.

Yes, my dog nearly died. His skin had necrosis that spread from the area of the dog bite. And yes, this took a considerable amount of time due to delays for the county prosecutor's office.

I have an unfenced yard, and early on, two large roaming dogs came into my yard and knocked my child off of his bike and chased him. Let's just say if it ever happened again, it's likely it wont be a 'dog' story or any litigation, but an "aggressive trespasser threatening my family". I really don't have time for court, or repeat offenders.

I hate people leaving dogs off leash at public places. When I complain, they say the dog is cute and harmless. I don't believe it. Once I met an accident while driving a bike when an off-leash dog suddenly ran towards me barking, and the dog owner was nowhere near (or he chose to hide)

OP, I know hindsight is always 20/20, but I think you were remiss in not getting the dog owner's information sooner. A simple open records request for the animal control and/or police reports would have likely gotten you the correct information. The quicker you follow up on something the easier it will be.
My mother in law's dog was attacked in her own backyard by a neighbor's rottweiler. She called 911 during the attack and immediately the police and a dog catcher came. The neighbor tried to deny it was her dog, claimed her dog was locked up in the backyard but then suddenly "discovered" it had escaped when the police asked to see the dog, and then tried to deny that there was blood on her dog when the dog later reappeared. Not exactly someone who you could trust to pay you back later. The police officer said it was obvious her dog was responsible, and he could have the dog remanded to animal control if my mother in law pressed charges. My mother told the neighbor she would not press charges in exchange for the neighbor paying the vet bills. The bills turned out to be over $1000, but my mother in law had the neighbor directly pay her vet within the week and if she had refused would have called the police back to press charges. Had she waited 6 months to collect, the lady might not have paid, and my mother in law might have lost out on her leverage of being able to press criminal charges.
Imagine if you could have gone to the hearing for the "dog at large" charge and testified that the owner had made no effort to reimburse you for the damages. The judge could have ordered restitution as part of the punishment, or at a minimum you could have seen to it that the owner was properly sanctioned.

BEEFjerKAY said:   edit: never mind, I see now in the wall of text that this took place months ago.I think my Quick Summary edit was quite sufficient...

RedWolfe01 said:   [
Lots of kids with bb guns who tend to shoot anything loose and unattended as well -- especially if its in their yard. I *was* that kid 30 years ago.

You know the saying, you never really grow up. You only get older.