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??

Hi, I am from the UK so am unsure of the law in the US however in the UK civil suits are won/lost on "the balance of probability" rather than "beyond reasonable doubt" as is the case in criminal law.

However evidence still needs to be produced!

Whilst it is entirely possible that the other dog was seriously damaged without any or many visible outward signs (internal injuries can occur without apparent external signs) if the claim is genuine I would expect her to produce the relevant documentation from the vet if she was above board.

Also I am surprised that you have had no communication via a lawyer?

It is ufortunately true that when faced with an individual from a breed which has a reputation for dangerous behaviour v another which is used as a seeing eye or assistance dog, a certain level of bias tends to creep in. This is one of the reasons why I recommend that people get their Good Citizens Test and any other proof of temperament they can in order to have some basis to refute allegations.

I would suggest you start getting a portfolio of evidence together re your dog's character from neighbours, vet, parents of visiting children etc

Also proof that you did everything reasonably practical to prevent such an incident, did a follow up welfare visit etc.

Have you polled your neighbours as to what they saw? AT work we insist on "nil" witness statements so that one cannot creep out of the woodwork later on (when a claimant decides to produce one) at least this will give you a fighting chance.

Good Luck

Sounds to me like your being scammed.

I'd be tempted to ring the police first and explain what's happenend and that you think your being scammed - get your side across first so to speak, then she'll have to defend her position rather than the other way around! it may bring a whole heap of trouble at to your door but then again it may just shut the other person up having the police on her doorstep??

In the meantime I'd be getting statements from your vet, dog trainers/behaviourists that know you and your dogs even the parents of the kids that come to your house - anything and anyone who can attest to the temprement of your dog.

Sorry it's not much but I just wanted to offer my support as it must be worrying you terribly *hugs*

Personally, I would have offered to pay her vet bill immediately. Then it would never have gone this far.
You are responsible for your dog. That`s why we have insurance.
I would offer to pay, on reciept of the vet bill.

I cant add anything to what has already been said, I just wanted to say good luck.

Both dogs were loose out of their gardens, both with no owner, there were no witnesses, both received a similar level of injuries from the documentation. Why should OP be covering both bills? Especially as OP's dog cost $53 to treat yet the other owner claims it was $1200-2000 to treat hers? Is there any proof that OP's dog was the instigator? Maybe the other dog caused the fight, in which case, surely OP should be sending her vet bill to this person? As it goes, there were no witnesses to see which dog started it - maybe there were even a third dog that attacked both dogs and ran off itself! I think each owner paying their own bill is a reasonable solution since neither party knows what happened.

Not sure what resources you have over there but maybe see if you can get free/cheap legal advice (first half hour free/at a reduced rate maybe?). I'd get neighbours, vets, trainers etc. to vouch/do a reference for your dog's regular beahaviour with other dogs, and consider reporting this to your local police station as a scam/harrassment. Do you have/can you get hold of a copy of the report saying there were no witnesses and no proof it was your dog? I imagine she'd be laughed out of a small claims court with no vet bill and no witnesses.

If your dog got loose and injured someone or caused an accident would you not feel responsible?

But if it was my dog with no history of dog aggression, who came off with equal injuries as the other dog who was also loose, why would I be reponsible for all the vet fees?
You have partial claims in car accidents where both parties are at fault. Both parties here are guilty of their dogs being loose, whether it was an accident like an escape for the yard or the dog just being allowed to roam loose (not sure what the case is with the second dog here) but as there is no way to tell which dog started the fight - or if was even just these two dogs involved, as said, what if it was a third dog that attacked both dogs? - I think it should be 50:50 responsibility and I think each owner paying for their own vet bill is a reasonable response. Otherwise, each owner paying for the other dogs vet bill - so upon producing a receipt, OP pays the other dog's bill and the other owner pays OP's dog's bill.
For both dogs to recieve similar injuries yet one dog's bill be 40 times as much(!!), and to sue for more than twice the bills (I can't see there being $3000 legal fees for a $2000 claim but I don't know the US legal system), something doesn't add up here and I think OP is right to refuse to pay up with no evidence.

What a stressful situation to be in. I agree that it sounds as though the other dog owner is trying it on.

In addition to the advice others have already given, I'd consider going through a lawyer. A single 'you must be joking' type legal letter may well stop that kind of case in its tracks (although, sadly, the US isn't best known for its common sense approach to litigation cases!). It may be best to stop all direct communications with the other dog owner, as it could be seen as admission of guilt.

This doesn't help you right now, but consider taking out third party insurance for your dogs. The insurance company would deal with the case on your behalf (and they'd definitely want to see the other party's evidence for the claim!).

I hope it turns out alright for you.

Three things Id want.

Proof it was my dog that did it.

Proof of the injuries sustained.

Id also want to know why my dog was more to blame if they were BOTH out of their property, accident springs to my mind!

Then Id talk to them.