Quick Legal Question: Dog Bite

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Quick Legal Question: Dog Bite

Post by D.L. Bre » Fri, 05 Jun 1998 04:00:00



About nine months ago I posted about a stray dog that my boyfriend and I
were fostering that bit my roomate.

We considered putting the dog down, but after consulting with a
veterinarian, and following Georgia Law (10 day quaran***), we decided
against it.

The situation synopsys: The dog had been taken to the vet to be spayed,
upon opening her up they found she had been spayed by a previous owner.  I
picked her up from the vet and ran a few errands.  i brought her home and
was feeding her, when she bit my roomate on the hip.  The veterinarian
said that the dog had been under a great deal of stress (being off food to
be spayed, being re-spayed, hot weather, new home, etc) and that she bit
my roomate out of defense of her food.

We have consulted a behaviorist and several books.  We practiced taking
food out of the dog's mouth, sneaking up on her while eating tasty food,
etc.  She has not repeated this behavior in anyway.  She is obedience
trained, loving, and a great pet.

Last my roomate heard, the dog was in quaran*** with us _considering_
putting her to death.  the nine months that I lived with the girl, I never
mentioned the dog again.

Recently, she announced that her insurance company will not pay the bill,
_no problem_ we offered to pay anyway.  We'll pay the bill.  She also
found out that the dog is alive....

HERE IS THE KICKER...

SHE WANTS TO SUE US FOR KEEPING THE DOG ALIVE!!!!!

Is this possible?  Does she have grounds?  What could happen?  how should
we prepare for this?

The dog is _not_ a repeat offender.  We did everything that the law
requires.... has anyone had a similar experience?

Thanks
--
Each friend represents a world in us, a world possibly not born until they
arrive, and it is only by this meeting that a new world is born.
-Anais Nin

 
 
 

Quick Legal Question: Dog Bite

Post by DobeF » Fri, 05 Jun 1998 04:00:00


Quote:

>HERE IS THE KICKER...

>SHE WANTS TO SUE US FOR KEEPING THE DOG ALIVE!!!!!

>Is this possible?  Does she have grounds?  What could happen?  how should
>we prepare for this?

Anyone can sue anyone else for anything.  Regardless of the amount of grounds.
Who wins depends on who has the best lawyers! <VBG>  Juries seem to love to
make huge awards.
 
 
 

Quick Legal Question: Dog Bite

Post by Medcen » Sat, 06 Jun 1998 04:00:00


Nonsense.  The previous poster is correct that anyone can sue.  The problem for
her is getting a lawyer to take the case.  Lawyers like to win money.  In order
to win money, there have to be damages.  What is the damage in you keeping the
dog alive?  What could she prove were her monetary damages?  In order for there
to be damages, ordinarily there have to be medical expenses.  (You did not say
how severe the bite to the hip was.)  As a general rule, lawyers like to talk
in terms of three times specials for pain & suffering.   Translation: Specials
are your medical expenses.  Say a few x  rays, some stitches whatever totaling
$750.  Add  3x750 for pain and suffering.  You have a total of $3000.  The
lawyer takes 1/3 or $1000.  Is the lawyer willing to chase a $1000 prize when
a.) liability is uncertain, and b.) he is not sure he can collect (you didn't
say whether you had homeowner's insurance, which should cover this event)  She
can probably sue for the bite sooner than for you having the affrontery of
keeping the dog alive.

 
 
 

Quick Legal Question: Dog Bite

Post by Pudl » Mon, 08 Jun 1998 04:00:00


Suggestion:

Payment for her medical bills should be offered/made in EXCHANGE for a
release from further claims.
Anyone can FILE a suit based on just about anything. Whether a court will
HEAR the suit is based upon its determination that the suit has (any) merit
under the law. If you settle with her on monetary damages/expenses, and have
complied with the law where the dog itself is concerned, it sounds like
she'd have an uphill (and expensive) battle suing to compel you to euthanize
a dog. It sounds furthermore that she is "seeking specific performance" more
than additional money. I'd see if legal advice is available locally, perhaps
from those local to you who will rise up in protest (and they're numerous)
against putting down a dog in such circumstances. Good Luck!

. o O ( sounds to me like she deserves ANOTHER bite on the ass!)

 
 
 

Quick Legal Question: Dog Bite

Post by MClar » Mon, 08 Jun 1998 04:00:00


The one thing your vet forgot to mention is that alot of dogs will retain
anesthesia in the system for as long as 30 hours after surgical procedures.
This anesthesia is occasionally none to alter a dogs personality and
behavior.  Thusly, you nor your dog was responsible for the bite.  The
person bitten needed to take more precautions than were obviously taken.
Whenever any of my dogs have surgical procedures requiring an anesthetic,
they are recouped in the home ina quiet room out of the mainstream until
totally over the anesthesia.  This is for their protection and peace of mind
as well as ours.

--
Marcy, Sadie & Buster
I picked her up from the vet and ran a few errands.  i brought her home and

Quote:
>was feeding her, when she bit my roomate on the hip.  The veterinarian
>said that the dog had been under a great deal of stress (being off food to
>be spayed, being re-spayed, hot weather, new home, etc) and that she bit
>my roomate out of defense of her food.

  She has not repeated this behavior in anyway.  She is obedience
Quote:
>trained, loving, and a great pet.