by mflores12504 » Fri Sep 03, 2010 09:01 pm
Their dog bit my daughter not once but twice. The first time I took her to the ER and did not ask my neighbors for a dime to keep the peace. After the dog bit her for a second time, I was furious! Animal control assured me the dog would be declared a dangerous dog, and the owner's would have to go through some serious consequences to have the dog returned which the neighbors would probably not follow through on. Much to my amazement, I see the dog barking at me from a window in their house. Animal control informed me that I would receive a phone call before any decision was made. I never received a phone call, and they now tell me that I was supposed to request a court date to declare it a dangerous dog and it is out of their hands. I was content with the idea that the dog would be put down or not returned. Now I am worried about my children s safety, and the emotional strain it has put on or family. My daughter remains very traumatized from the incident. She becomes extremely terrified when she see any dog even our own. How long do you have to pursue a claim after the incident?
Posted: Fri Sep 03, 2010 09:11 pm Post Subject:
Depends on the state. California: 2 years under most circumstances.
Posted: Fri Sep 03, 2010 09:21 pm Post Subject:
have you tried talking to your neighbor? can file on their homeowners. if they arent cooperative, file suit in civil court and go from there. the neighbor will be forced to file a claim. document your medical records, dates, and everything you want considered.
Posted: Sat Sep 04, 2010 11:06 pm Post Subject:
can file on their homeowners.
Dog exclusions are becoming more common in HO policies (or having a dog is the basis of a decline for coverage).
Posted: Sun Sep 05, 2010 03:16 am Post Subject:
Neighbor's still on the hook for the liability even if his insurance excludes dogs. Civil court still a good option for settlement. Haven't had an issue with the exclusion here yet, but wouldn't be surprised to see coming... homeowners insurance is tightening up down here more and more too.
Posted: Sun Sep 05, 2010 11:18 pm Post Subject:
Filing a claim or legal action against the neighbor would, at best, award you damages. That is, your medical expenses for the injury, which includes trauma. Of course, you need to prove trauma. Perhaps you can prove this but let me point out what the defended will ask... "You have been so worried about your daughters fear of animals, including your own, that you have removed your dog from your household? What about seeking treatment for your daughters fears?". I'm not saying that your daughter has not suffered emotional damages from this... just that it's not an automatic reward.
Let me ask you... are you more interested in having the dog killed or seeing that the dog does not bite anyone else?
I'm guessing that this dog managed to bite your daughter as it was let loose outside and not on a leash. Do you have leash laws in your area? I'm betting that you do. If so, snap a picture and report the neighbor to the police. Let the police know that this dog has bitten and caused injury to your daughter _twice_ in the past and that your neighbor _still- has not seen fit to control their dog.
Have you asked your neighbor to pay for all of your medical expenses? Give them all of the bills and ask them to pay. You certain can file for this in civil (small claims) court. The statute of limitations applies, which is at least 1 year and usually 4 years.
Keep in mind... you need to live next to this person.
Posted: Mon Sep 06, 2010 12:13 pm Post Subject:
Neighbor's still on the hook for the liability even if his insurance excludes dogs.
Goes without saying! That's the reason most of us need insurances.
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