Need dog attack advice

[PapaBear]

So.....

I came home today, came in garage. Shut door, turn A/C on (yeah i know) and crank up my new stereo in the garage b/c wife and baby not home. I begin cleaning up for 10 minutes or so when I hear a crazy banging on garage door. I turned stereo down and said "hello!" It was a lady, she said "can I talk to you for a minute?" Not wanting to let A/C out, I said "go around to front door."

I have a 8 ft. privacy fence around my back yard, and have a 4 year old pitt/boxer mix named Sophie that is the best and most gentle / quiet dog I have ever owned. BUT......don't try and come in my yard, she will eat you. Anyway, the neighborhood (Brandymill on Trolley Rd) road runs behind my house, so there's a nice divided road with trees and flower beds and all that behind my house.

I get there and it's a cute middle aged lady that lives in the neighborhood and her 6 or 7 year old daughter. I say hi to them all the time while I'm outside, they walk their 4 dogs every afternoon. Two Rotties, some mutt, and a little ankle biter 25 pound something-or-other. She walks the big dogs on a leash and the little dog follows....ALL THE TIME.

I said hello, and she cut me off....."We just came from the emergency vet, b/c Sophie bit half of my dog's paw off." WTF??? She said they were walking down the side of the road with the three big dogs on leashes and the little dog following along. Then the little dog started squealing. Well, apparently the dog put his foot through the gap in my fence (It's not a straight "wall" type privacy fence, the boards alternate on inside / outside of fence, so at a certain angle you can see through).

So Sophie destroyed this dog's foot, and they take him to the vet 20 minutes before I got home. He is put under going into surgery and she is asking me about my home-owner's insurance.

WTF am I supposed to do? Call cops? We have a leash law in this county, which she was not obeying. My dog is LOCKED in my fence, and can't get her head out of the fence, or under the fence.

I have heard stories of people even having BEWARE OF DOG signs on their fences and someone getting bitten at the fence and being sued and losing.

What do I do? Anybody?

[ShawnBoyMoody]

Your dog was in your yard. They were in the wrong. Only thing going against you is the breed of your dog. Don't even mention Pitt bull if you do talk to someone. You now have a full blooded boxer! I wouldn't pay shit. This is why there are leash laws.

[ForceFed4g63]

The lady doesn't have a leg to stand on. She wasn't following the leash law, your dog was locked up, and technically, her dog put it's foot on your property. Do you have a sign saying "Beware of Dog?" It's not a be all end all but it does help. I'll talk to my buddy who's a cop and see what he says, but the way I see it you're not at fault at all.

[PapaBear]

No beware of dog sign.

This is so fucked up. Should I call the cops and make a report at least?

[Darryl Buckner]

Sounds to me like the bitch now has a 3 legged dog. End of story. Stay off of other peoples property..:bigthumb:

[ForceFed4g63]

What did the lady say? If she didn't call the cops by now then she probably won't.

[namewastaken_0_0]

I personally would call the cops and talk to a lawyer.


Although my experience was when I was a child, but my dog at the time bit a friend of ours. The parents got a lawyer and sued us. Happened in our yard. Friend wasn't invited over. But still our fault.

Just saying, asking for advice here for a matter such as yours.....is wasting your time. Call the cops, get a report, and talk to a lawyer.

Btw, the friend sued us for 7k$ and his marks lasted for all of 2 weeks.

FYI too, because of the digital world we live in I would edit out the part of your post that says your dog would eat up anyone that comes in the yard.

Just my pennies.....take em or leave 2 yourself :P

[MonteC]

Tell her to pound sand.

[Harry]

I personally would call the cops and talk to a lawyer.


Although my experience was when I was a child, but my dog at the time bit a friend of ours. The parents got a lawyer and sued us. Happened in our yard. Friend wasn't invited over. But still our fault.

Just saying, asking for advice here for a matter such as yours.....is wasting your time. Call the cops, get a report, and talk to a lawyer.

Btw, the friend sued us for 7k$ and his marks lasted for all of 2 weeks.

FYI too, because of the digital world we live in I would edit out the part of your post that says your dog would eat up anyone that comes in the yard.

Just my pennies.....take em or leave 2 yourself :P

What good does it do for him to edit his post when you just put it in yours.

[Harry]

No beware of dog sign.

This is so fucked up. Should I call the cops and make a report at least?

Do you live in Charleston or Dorchester County?

[chrisheltra]

Just saying, asking for advice here for a matter such as yours.....is wasting your time. Call the cops, get a report, and talk to a lawyer.

Why?

We have local lawyers that visit CHP that could give him good advice.

[csikx]

If you live in Brandymill, that is Summerville town jurisdiction. There is a town ordinance for the leash law, referred to as "Dogs at Large." See TC 4-81, which mirrors the SC Code of Laws section 47-3-210. So, if her dog was on a leash, this won't apply. You can't say, "she always has the little dog off the leash." IF that is the case, you need to report it WHILE it is happening.

Furthermore, this is a civil case, so there is no need to get the cops involved. It is going to be her word against yours if there are no witnesses. She does not have a "dog" in this fight. Please reference SC Code of Laws section 47-3-110 below:

SECTION 47-3-110. Liability of owner or person having dog in his care or keeping.

Whenever any person is bitten or otherwise attacked by a dog while the person is in a public place or is lawfully in a private place, including the property of the owner of the dog or other person having the dog in his care or keeping, the owner of the dog or other person having the dog in his care or keeping is liable for the damages suffered by the person bitten or otherwise attacked. For the purposes of this section, a person bitten or otherwise attacked is lawfully in a private place, including the property of the owner of the dog or other person having the dog in his care or keeping, when the person bitten or otherwise attacked is on the property in the performance of any duty imposed upon him by the laws of this State, by the ordinances of any political subdivision of this State, by the laws of the United States of America, including, but not limited to, postal regulations, or when the person bitten or otherwise attacked is on the property upon the invitation, express or implied, of the owner of the property or of any lawful tenant or resident of the property. If a person provokes a dog into attacking him then the owner of the dog is not liable.



*Helpful links*

If you live in Summerville town limits, which you do if you live in Brandymill, please refer to the town codes. This is good to know for all types of things.

http://library2.municode.com/default-now/home.htm?infobase=11952&doc_action=whatsnew

For State Laws, please see.

http://www.scstatehouse.gov/code/statmast.htm

[red99pony]

Sounds to me like the bitch now has a 3 legged dog. End of story. Stay off of other peoples property..:bigthumb:

couldn't agree more, people let thier aninals run free and then when they get hurt they want to sue. i definetly wouldn't talk to her anymore and tell her to stay off my property.

[PapaBear]

Well, it appears as of now that all may be well.*

I called the cops at 4:42 pm. They got here at 7pm imagine that. Anyway, the cop couldn't find any signs of a "struggle" and said right off, "if her dog wasn't on a leash then what's her problem?"

So police report has been made. He(the cop) then went and talked to her, and 30 minutes later she came to the house. My parents were over for dinner and we (parents, wife, newborn) were in garage chillin (couch, flat screen, fridge, AC etc) and she walked up.*

Apparently the dog lost a "toe" and will be out tomorrow. She was asking about pet insurance, not home owners insurance apparently. They just moved back from Europe and were required to have insurance on their rotties, and was hoping since we have a "pit bull" that we had the same.*

Looks as if all might be fine, but I covered all my bases.*

Thanks to you all for clearin my mind in the middle if all this drama.*

[MonteC]

I still say you should tell her to pound sand.

[PapaBear]

I still say you should tell her to pound sand.

I pretty much did that. Politely. I was still talking as she began to walk backwards out of my driveway. We will see what happens. She may be being nice while planning a lawsuit.

[MonteC]

What sucks is that people dont even need a leg to stand on to sue someone.

[LXtasy]

pics of this woman?

[snakeplissken]

PM sent.

[csikx]

Do you live in Brandymill? If so, I can't believe it was a 2hr and 18 min response time.

With that said, glad nothing is going to come of it. But my post would have explained all that. :)

[BAD BOB]

Do you live in Brandymill? If so, I can't believe it was a 2hr and 18 min response time.

With that said, glad nothing is going to come of it. But my post would have explained all that. :)

its summerville! they dont really care!

[PapaBear]

It was shift change and when I called back the second time, they said animal control had the call. I told then I wanted an officer and they re opened the call. 15 minutes later the officer got there.

[chrisheltra]

It's a dog eat dog world out there. :)

[csikx]

its summerville! they dont really care!

:roll: ... and you're right. It's an animal control issue anyways.

It was shift change and when I called back the second time, they said animal control had the call. I told then I wanted an officer and they re opened the call. 15 minutes later the officer got there.

So, Summerville didn't have the horrible response time, Animal Control did.

[PapaBear]

Basically yes. I first called animal control at 3:30 ish. Of course I got an answering machine "all officers are currently in the field, please leave a message....."

WTF? What if I had an alligator in my house?

Anyway, I then called the cops at 4:40 or so. At 6:40 when i had seen no cop nor had a call or visit from animal control, I called the police back. Lady said they shift changed at 6PM and that at 5:16 animal control took the call from them.

i then explained that my lawyer and insurance agent advised that I have a POLICE report, and to please send an officer. 15 minutes later he was there.

Animal control still never called or showed up. What a joke.

[snakeplissken]

PM sent.

You're welcome. :rolleyes:

[PapaBear]

Yeah sorry man, not really a typer on my phone. Response incoming when I get back to work n

Thanks

[Illusions]

I think you need to sue her for Sophie's emotional distress. Sophie had to protect herself from an unknown intruder and hasn't been her playful self since. The emotional scars will take a long time to heal, if they ever do. ;)

j/k

[mattybz28]

Poor Sophie does need some grief counseling, I bet that toe tasted awful.

[RobertHolton1]

Basically yes. I first called animal control at 3:30 ish. Of course I got an answering machine "all officers are currently in the field, please leave a message....."

WTF? What if I had an alligator in my house?

Anyway, I then called the cops at 4:40 or so. At 6:40 when i had seen no cop nor had a call or visit from animal control, I called the police back. Lady said they shift changed at 6PM and that at 5:16 animal control took the call from them.

i then explained that my lawyer and insurance agent advised that I have a POLICE report, and to please send an officer. 15 minutes later he was there.

Animal control still never called or showed up. What a joke.

if you have an aligator call troy!!

[PapaBear]

So i got a phone call THIS MORNING from animal control. They were returning my message from Tuesday.

WTF? Good thing it wasn't something important huh?

[LilRedEclipse]

Should have told them you have locked yourself in the bathroom because a alligator took over your house and wanted to know how much longer it was going to take for them to get there.

[PapaBear]

LOL, that would have been hilarious.

Seriously though, if in Summerville and have crazy animal problem, who do you call? I guess you have to call the cops.

[slowgreen99]

LOL, that would have been hilarious.

Seriously though, if in Summerville and have crazy animal problem, who do you call? I guess you have to call the cops.

I have a few 12 gauge shottys with 00 buck ready to ride. What issue do you have again? :twisted:

I love living with no HOA or stupid ass neighbors. We have acreage that gives me the right to handle the situation accordingly. lol

[chrisheltra]

I love living with no HOA or stupid ass neighbors. We have acreage that gives me the right to handle the situation accordingly. lol

Yup

[98nbmz]

I love living with no HOA or stupid ass neighbors. We have acreage that gives me the right to handle the situation accordingly. lol

30-06 on a rabid fox from about 200 yds is always fun also :bigthumb:

[gearmesh, inc.]

I have a few 12 gauge shottys with 00 buck ready to ride. What issue do you have again? :twisted:

I love living with no HOA or stupid ass neighbors. We have acreage that gives me the right to handle the situation accordingly. lol

We don't call 911................. We have a backhoe instead!

[chrisheltra]

We don't call 911. We have a backhoe!

We used to just dump them in the creek. :)

[bwelch]

Saw a coyote tonight running around my neighborhood. I tried to run his ass over but he is quick. Was gonna shoot him but I didnt feel like dealing with NCPD's finest.

[PapaBear]

I have a few 12 gauge shottys with 00 buck ready to ride. What issue do you have again? :twisted:

I love living with no HOA or stupid ass neighbors. We have acreage that gives me the right to handle the situation accordingly. lol

Yup, I know how that is. I grew up on Wadmalaw Island on about 80 acres......animal control? Who is that?

Bought the house up here when the market was doing really well, was gonna make some money. PFFT......yeah right. Now I'm stuck. Think I'm gonna sell for what I can get out of it and buy some property back out there.



I guess I should contact the HOA and see what they have to say huh?