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Location: NC, USA
Joined: Apr 2011
Posts: 4
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Doggie Litigation :(
Hi, I'm new and need some advice. One of my dogs recently escaped our yard and was cited for a dog-on-dog fight in a near-by neighborhood with another dog, that was also out of its yard. We had to pay a fine to pick him up from the Animal Control. I recieved a copy of the incident report that included photos, both dogs had scratches around their noses (my pitbull, their golden retreiver). I asked the officer if there was anything I needed to do concerning the other dog and was told no, because both the dogs were loose and no one actually witnessed the fight, my dog was just the only other dog in the immediate area.
We were told that we should both take our pets to our vets to get them checked out, but that at most we'd probably need antibiotics to keep away infection.
Well, two weeks after the incident the other owner shows up at my house demanding that I pay her vet bills. Even though I was a little suprised given the state of our dogs when we had seen each other previously, I asked to see the vet bill and we could discuss it, figuring it would be similar to mine ($53).
She didn't have the invoice but told me the bill was $1300, because my dog had attacked and mauled her dog and it had to have emergency surgery. Now I'm shocked, because I have a copy of all the pictures taken by animal control and I had seen the dog in person. I told her that I wouldn't discuss the matter with her further until she produced a vet bill pertaining to the injuries she claims her dog occurred.
I didn't hear anything from her for almost a month, and then two days ago I recieved a notice in the mail that I had ten days to pay her vet bill of $2100 (there was now a second surgery) or she was taking me to small claims and suing me for $5000.
Even though I think the whole thing is ridiculous, I called and left a message offering to discuss it with her if she would just provide proof, since that is what I would want someone else to do for my dog. She called back stating that she had witnesses saying my dog attacked her dog, while it was sitting on her porch. She changed the subject and avoided any comment on producing a invoice for me.
So, of course I'm mad, but I kind of at a loss as to what to do. I think she's trying to scam me, since me and my husband both have pretty decent jobs (we're not rich, but appear to be better off then the other owners). She refuses to give us any documentation, and who just gives $2000 to someone because they say so!?!
At first I was pretty confident that legally, there was no way I'd be liable since both of our dogs were loose and no one actually saw them fight. None of my dogs are aggressive and because we have four kids (ranging from 4 to 13) we constantly have children of all ages in our house. We also have regular doggie playdates with other neighborhood dogs. We board then during trips and have never had an incident with other dogs. My dogs are all very well socialized and I could have numerous witness to attest to it.
But, there was a huge 'movement' in our county last year to pass a BSL, which thankfully didn't happen, but I am a little afraid that if this does go to court, the fact that my dog is a PITBULL will negatively bias my side of the story, especially now that she has 'found' eye-witnesses and keeps referring to my dog as 'vicious' and 'aggressive.'
Does anyone see a way to try and deal with this in another manner other then just going to court and hoping for the best??