# dog bite lawsuit settled!!!



## jake (Sep 11, 2004)

I was not sure where to post this but I have been involved in a lawsuit involving my dog that went on for for 3 yrs-not sure if post still there after pruning old posts.The suit went to the superior court.Yes my dog was dog aggressive -the incident involved an off leash smaller dog and my dog on leash who I did lose control of .It included allegations that my dog bit a human during a dog-dog aggression that were untrue.It has been 3 yrs since incident and no problems since with my dog.It was settled by my insurance company for $10.000.I am free of liability but still pay $4000 a year for homeowners (only one I can get lloyds of london with dog exclusion).MY MESSAGE is be aware and have concern of ANY interaction your GSD has.Breed profiling affects a lot of things.This suit might have come out different if I had agreed to euth dog-the heart dog is at my feet as I post-darn he is covered in mud and snoring!!!


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## Raziel (Sep 29, 2009)

Well Im glad you didnt put him to sleep


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## xwildman138x (Jan 11, 2008)

WOW So glad its over for you, that is insane that happened!


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## allieg (Nov 4, 2008)

Some people really suck..It makes me want to just curl up with my gentle beast and never leave my yard.


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## afurr (Mar 4, 2009)

Wow! My family is going through a very similar situation. Our family dog, then at the time a 9 yr Golden Retriver supposedly bit our neighbor (a kid we had known since we got the pup). No one saw. The hospital refused to give the child (then 10 yrs) treatment saying it was merely a "scratch". Needless to say they are suing my family for 75k and we lost our dog.

This was a golden who is usually profiled to be a "family" dog... 

I'm very glad you didn't loose your dog!!


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## Strana1 (Feb 9, 2008)

I'm glad that the outcome was favorable to your boy, even though it may be expensive. I have read horror stories and I am now my dog's biggest protector. I see people or dogs approaching and keep them away. It is only in limited situations that I allow it, even though he is not reative or aggressive. 

I bet you love the sight of a muddy dog at your feet!


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## allieg (Nov 4, 2008)

> Originally Posted By: MandaBearWow! My family is going through a very similar situation. Our family dog, then at the time a 9 yr Golden Retriver supposedly bit our neighbor (a kid we had known since we got the pup). No one saw. The hospital refused to give the child (then 10 yrs) treatment saying it was merely a "scratch". Needless to say they are suing my family for 75k and we lost our dog.
> 
> This was a golden who is usually profiled to be a "family" dog...
> 
> I'm very glad you didn't loose your dog!!


How can that even go to court?If a Dr refuses to treat because it is so minor that should say it all.
I'll say it again SOME PEOPLE SUCK bigtime.


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## jake (Sep 11, 2004)

When you rescue an abused dog it is not for you to give up if he is not perfect-been hard and he can be a doofus but he is with me "for better or worse".The greatest thing is that he is way less judgemental than some skindogs.I never understood why someone who was a dog owner could take it so far to sue a fellow dog lover.Love him muddy-sometimes makes me a little crazy when I do not understand him BUT he is NOT going anywhere unless we go together.


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## HeidiW (Apr 9, 2009)

I hate Sue happy people, they just want the money. That Golden should not have been PTS.


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## meisha98 (Aug 27, 2008)

I also went through a dog bite incident and though it wasn't my dog's fault- someone trespassed on our property, he got the blame even though he was doing his job. Settled by insurance company which I promptly dropped for not protecting my dog. He died shortly afterwards of lymphoma knowing we didn't blame him and loved him. I am overprotective now with my two dogs when we are in public but don't care if I alienate somebody. My dogs and I are there for each other not anybody else. All it takes is going through that kind of [heck] once to despise the human race in general. I send my sympathies and condolences to those with similar stories and even worse outcomes.


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## jake (Sep 11, 2004)

You understand-thanks for reply.Maybe people need to know they might get "bit" by a lawsuit not dog related.People can defend themselves DOGGERS can not.I could not be an advocate for any dog or human support group cause I am currently against any lawsuit -I would have paid any real costs-didn't happen .prob shouldn't go further at this time


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## Zisso (Mar 20, 2009)

I also am glad you did not lose your dog and that your ordeal is over. It sucks that your insurance co did not defend you and your dog tho. I have been on both sides of the fence regarding the bite laws in my state. Neither side was pleasant. All I can say is that I had two different dogs and I fought for both of them. They were my life, as are the two I currently have. I can only wish you better luck in the future and can't say I blame you for how you feel at this time. Now I remember why I stay away from other dogs at the park!!


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## selzer (May 7, 2005)

I am glad it is all over. What a total bummer, but at least your dog is ok. Now you can heave some sighs of relief.


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## codmaster (Aug 5, 2009)

> Originally Posted By: ttalldogWhen you rescue an abused dog it is not for you to give up if he is not perfect-been hard and he can be a doofus but he is with me "for better or worse".The greatest thing is that he is way less judgemental than some skindogs.I never understood why someone who was a dog owner could take it so far to sue a fellow dog lover.Love him muddy-sometimes makes me a little crazy when I do not understand him BUT he is NOT going anywhere unless we go together.


Money (and Lawyers) Talks!


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## codmaster (Aug 5, 2009)

How did they win if yours was leashed and theirs who I assume instigated the confrontation was not?


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## codmaster (Aug 5, 2009)

That sucks!


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## Caledon (Nov 10, 2008)

Glad this is over for you.

The law and insurance rulings don't seem to do justice at times.


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## Lauri & The Gang (Jun 28, 2001)

> Originally Posted By: codmasterHow did they win if yours was leashed and theirs who I assume instigated the confrontation was not?


The other people didn't REALLY win - the insurance company decided to settle and pay them.

There is a difference.

People with enough money can draw out lawsuits until the other party just decides to give up and settle. It sucks!!


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## Qyn (Jan 28, 2005)

I am glad to hear this lawsuit is over. I hope you can move on quickly and not let this woman's actions govern the rest of your life - she has already caused a lot of pain and anguish (right from the get-go) and has taken a lot from you over the past three years.

All the best I really hope this is the end of this for you and your dog.


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## SusiQ (Jul 27, 2007)

In Ohio, tresspassers (anyone entering your property uninvited) have no rights. I assume that means dog bites, gunshots, etc. - whatever. Don't other states have similar laws?


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## WiscTiger (Sep 25, 2002)

ttalldog, I am glad that ordeal is finally settled. I remember your previous posts. 

Some people are just knuckleheads.

I am of the camp that protect my dogs when off property. I am not the type that does meet and greets with my pups. Socializing to me is that they learn to be calm around other dogs. 

I know that you really tried to avoid a problem, but you go no help from the other owner. 

Val


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## jaggirl47 (Jul 18, 2009)

Wow, thank goodness your dog is still with you. I know in Texas you can shoot people for being in your yard. I think you are safe if the dog bites someone trespassing too. I can't believe the insurance settled though. The other owner should have been fined for having his dog off leash.


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## LisaT (Feb 7, 2005)

Wow, I remember that incident. I was so worried about you being able to keep your boy! Stupid, idiot people, he was setup and it wasn't his fault!

I am so glad that it is done, and over.


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## Caledon (Nov 10, 2008)

In the insurance world there is a big difference between fault and responsibility. Judges also act on emotion and they do not always do what is right. 

I don't know the details of this case or if the other dog/owner was hurt, but I can see them siding with the dog/owner if they were hurt and required medical attention. It makes me angry, and sad for this situation. 

As another poster stated I do not allow my dog to meet and greet every single dog that we come accross, especially out of control small dogs. Not all dogs are friendly to every single dog.


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## FredD (Jul 5, 2009)

Control! Bottom line! Dog bite lawsuits are becoming "Big Money".

The system works for who has the best lawyer. I know it's not right but, that's facts! Getting pet insurance for large dogs is like getting flood insurance in a flood plain. $$$$$$ (if you can get it)

Loose dogs, owners fault, but, prove in a court of law, different story. Like driving a car, you have to be in control at all time. Hit a person in the rear, your fault. Even if the person braked for a animal or person, etc. You did not have control of your car...

It's a sorry state when people have revert to lawsuits to settle these issues. The media has made it a second big news story everytime a dog bites, especially resulting in death.

All I can say is just be very careful and watch your DOG. (and hope for the best) 

I'm glad it worked out for you and your dog. But it is not always the case.....................


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## madmaximus (Jul 23, 2007)

Huh!? I am confused, the OP said allegation but doesn't any claim against a dog require proof? Like a photograph of the bite marks?


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## Dainerra (Nov 14, 2003)

madmax, I think the "allegation" was that the dog bit on purpose. not because the person stuck their arm in a dog bite and got bit, let alone trying to prove which dog did the biting.

I still believe it would have been most fair tossed out, since the accuser is the one who started the fight by allowing their dog to wander around off-leash starting problems. but, the legal system doesn't work that way, esp when it comes to defending a lawsuit


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## middleofnowhere (Dec 20, 2000)

TTall - I read this while I couldn't post. I am relieved this mess is over. I hate this sort of crap. I am glad you have that muddy dog lying at your feet.


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## jake (Sep 11, 2004)

REPLY TO ALL-a person (and supposed dog lover)who was perhaps equally at fault made FALSE allegations against my dog.I admit I was partially at fault in not being able to control my GSD during a dog to dog reaction by my dog reacting to an OFF lead dog.(my dog got away from me).I admit my fault cause he did become -out of my control.As far as the alleged allegation that he (attacked and caused multiple puncture wounds)the person filing suit was able to amend original summons when the fact came out that my HEARTDOG was adopted by me -with a previous owners having filed down his canine teeth(have vet records). I believe my experience which although it has been settled as to monetary damage (insurance settled for $00,000.00 ---IT was not fair.I will bear the financial burden for a long time.And yes it is NOT over there may be some kind of civil suit with no financiall gain that is ongoing-DESPITE the fact that it is 3 YEARS down the road and NO further incidents with my dog have occured.Just to add in some cases it is who you know and not who you are that determines justice.This incident has changed the way I am able to interact with people and their dogs-just can't take the chance anymore.


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## caview (Jun 30, 2008)

Ttalldog, 

Thank you so much for sharing this expriremence with us as we do understand and sympathize deeply! We also need a reminder as to the real danger we may face when we take our dogs into the public!

Hug the pupster for me and share a nice juice steak tonight!

Tanya


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## jake (Sep 11, 2004)

have given him a hug and we will share some pot roast soon!! Thanks


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## SylvieUS (Oct 15, 2009)

The system doesn't always "Work for who has the best lawyer". There are so many factors. Tort law in the state you live in. How "lawsuit friendly" your state is or is not. The limits of liability on your home owners policy. How many assets you do or don't have. How much damage was done. Was it your own house, or a pubic area. The list goes on and on.

How much liability insurance you carry on your home owners policy is a huge one. An insurance company is much more likely to defend the home owner with 500K in liability and a 1 million umbrella than they are someone that has 50K or 100K. In that case, it is often cheaper to settle the case, regardless of liability (who is 'at fault') than paying an attorney to defend the home/dog owner.

Its a sad but true fact, but insurance companies are about the bottom line, not about who is 'wrong' or 'right'.

Protect your dog, protect you, if they are in the least aggressive, restrain them. PS. "Beware of Dog" signs do nothing to limit your liability/culpability in the event your dog injures another person or dog. 

True story. The "Smith" family had a large dog they knew to be aggressive to strangers. They had him in a large run, with "Beware of Dog" signs, and a latch 6 feet off the ground. They had company with a 10 year old child, old enough to read. They, and the childs parents, told him "The doggie is not friendly, do not go near him without an adult". Child left unattended, finds a bucket, flips it over, unlatches kennel, goes into the run, at the dogs own house. Aggressive dog, stranger in its run, well, you can guess the unfortunate outcome there. Child had to have surgery to repair damage to his face. But honestly, how much more could these dog owners have done?!

Court awarded the child and parents the entire 100K liability on the Smiths policy. Home owners insurance dropped them when they wouldn't put the dog down. Gotta 'love' the legal system.

I'm glad your story had a happy ending!

Best,
Sylvie


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## madmaximus (Jul 23, 2007)

Ttalldog, I am so freaked by your story, I also have a fairly aggressive GSD that, while he has never attacked or bit a human or shown any aggressiveness towards, has been in a few confrontations with other dogs, one that ended up costing me $$$ with a ticket for being off the leash and all the vet bills for the other dog. I can still recall the anger directed at me by the husband of the other dog's owner just over a dog-dog fight and can only imagine what would have happened if my dog had bit his wife. He did go as far as threaten to shoot my dog if it had been his daughter walking the dog. 

I only take my GSD on walks into a nearby park early in the morning when it is empty to avoid confrontations with other dogs. But just the other day I was in the park seemingly alone and a dog, off the leash, ran up to say hello and to avoid a fight I had to use my umbrella as a shield to keep the other dog away from my dog - I must have looked like the Penguin from a Batman movie dancing and blocking with just an umbrella.


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## smyke (Sep 24, 2009)

Sylvie nailed it.
What happened in this case is that the insurance company decided to cut their losses and make the case go away. I sell insurance for a living and (unfortunately) I see this stuff all the time. when they did the math it was cheaper for them to just pay $10K and be done with it. lawyers cost a lot more money and as soon as they knew the claimant was going to be happy with what they offered they pulled the trigger. I'm actually kind of surprised they settled for that, must have been looking to simply make the quick buck.
I dont believe it mattered in this case whether the insured had $100k or $1 million in coverage. Insurance companies will settle if they see it will prevent them from dragging it out too long and spending money in lawyer fees.
On the other hand liability lawsuits involving dog bites are very difficult for an insurance company to defend. Its a pretty much automatic payout in most cases thanks to our legal system.
Thats why they have lists of vicious dogs and most of them will not insure you at all if you have one of those and some will only exclude the dog from coverage. Believe it or not GSD is on some of those lists (varies company to company).

Glad that its settled Ttalldog and you can move on.


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## mysablegsd (Aug 7, 2009)

> Originally Posted By: SylvieUSThe system doesn't always "Work for who has the best lawyer". There are so many factors. Tort law in the state you live in. How "lawsuit friendly" your state is or is not. The limits of liability on your home owners policy. How many assets you do or don't have. How much damage was done. Was it your own house, or a pubic area. The list goes on and on.
> 
> How much liability insurance you carry on your home owners policy is a huge one. An insurance company is much more likely to defend the home owner with 500K in liability and a 1 million umbrella than they are someone that has 50K or 100K. In that case, it is often cheaper to settle the case, regardless of liability (who is 'at fault') than paying an attorney to defend the home/dog owner.
> 
> ...


What more could they have done? Had a padlock on the latch.


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## Hatterasser (Oct 25, 2007)

ttalldog,

I'm so glad this has finally been settled for you, though not ideally for you financially and insurance-wise. At least you still have your fuzzy baby.

I think everyone knows my problems with Thor, who bit an older neighbor, not once but twice. Though that was resolved with no animosity between neighbor and me, Thor was labeled (rightly so, sadly) a 'dangerous' dog. I could keep him but he was not allowed off the property without a muzzle. I'm an intelligent person but oft times lazy in my thinking as proved by my next move. I took Thor and Freya out and walked a short way down the street. My thinking, "It's only a minute or two, no one is around, not going to bother with the muzzle." I need a 2x4 up the side of my head. 

Three young neighborhood kids came around the bend on skateboards. All 3 sailed past Thor almost running over his toes. One bounced a soccer ball in his face. Thor took it until then..then lunged for the 3rd kid in line. I hung on to Thor as the kid jumped off his skateboard into the bushes. I know Thor never reached him. Moments later, a friend of my daughters, sitting outside in the car, heard the boy across the street (who hates Thor) telling the 'bush boy' to "say Thor bit you." 'Bush boy denied it but boy across the street kept telling him to lie. Bottom line, kid told boy across the street's mother he had been bitten, she called A/C, A/C came to investigate, took pictures, etc. I ended up in court but A/C actually was on my side....said the scratch on the 'bush boy's' leg looked like just that, a scratch. Judge let me go on a 'Prayer for Judgement'. In effect, no court costs, no fines, no putting Thor down as long as no further problems for a year.

That was my 2x4. I have been super diligent with Thor ever since. We have hardly ever left the property since, he's leashed even on the property, he is most definitely muzzled if he's off the property, even just going to the vet (who Thor loves).

Then I get a call from daughter. Thor, Freya and her pit bull Zar are running free outside. She's at work, I'm at work. Mother of nasty boy across street has called the sheriff. Sheriff arrives on scene and calls friend of daughter's to round them up. Friend arrives, finds Thor and Freya sprawled out on the porch, pit bull romping down the road. Friend opens door, tells Thor and Freya "in house" and they both trot inside, heads down and tails between their legs like they knew they weren't supposed to be outside by themselves. Friend picks up pit bull, takes him into the house and crates him. Then comes the interesting part. He toured the house. Not a single door nor window was open nor broken through. I know Thor is smart but even he is not smart enough to open the door, pass through, then turn around and close it behind him. So how did they get out? 

Needless to say, this is another court appearance but A/C, deputy and witness (friend of daughter's) all suggest that the dogs were "INTENTIONALLY let out" just to get me and Thor in trouble. Judge finds me not guilty, tells me to lock my doors from now on (haven't locked them in 25 years except when I'm out of town so had to search for the key) and gave me a lecture about keeping a dangerous dog and what it could cost me in tragedy (if he attacks someone) and payments if I'm sued. I hear her....but Thor is basically a WUSS, at least with me and my friends and family. I would rather work harder to protect him from himself than have him put down. But it does scare me sometimes, especially when I have a neighborhood family who will stoop to anything to get rid of him. Yeah, I suspect they were the ones who let the dogs out. Especially when out in the yard playing with dogs and nasty kid across the street yells, "I hate your dog!!" 

People are scary..................


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## zyppi (Jun 2, 2006)

Glad it's over for you, but am appalled that a 'dog on dog' incident would cost you so dearly.

I understand if a human being was hurt and could understand and 'off lead' fine, but 10K?!

I know where I was in Florida animal control would just say - 'that's what dogs do.'

What a crock.


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## GregK (Sep 4, 2006)

> Originally Posted By: zypGlad it's over for you, but am appalled that a 'dog on dog' incident would cost you so dearly.


Me too!!! That's preposterous!!!! You stick your hand in a dog fight, you're more than likely going to get bit.

You shoulda countersued that person for being a moron!!


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## jake (Sep 11, 2004)

GregG LOVE the idea of being able to sue someone for being a moron!!! Just to let everyone know bite to human was alleged but not proven-no serious injury to off lead or on lead dogs of yhe plaintiff.Would never countersue I am NOT a moron-some things should never get to a superior court jury trial as mine almost did.


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