can i claim vet fees off owner whos dog attacked mine

[littlemissme]

last evening my jack russel was attacked in its own front garden from a neighbours dog, which is well know for attacking anything and any one,

first trip to the vet after attack 50.00 poor thing whimpered all night,but vets advice was see how she is tomorrow

today was referred to vet hospital as my jr had a dislocated shoulder, and a few minor scratches..

they did all the rigmarole, xray. anaethetic ,pain relief, ect, i picked her up later today she has front right leg fully strapped up

so a very naffed off doggie, and an even more naffed off owner foots the bill of 350.00, dont get me wrong money is not a problem when it comes to my dog ,she is 9 and i love her dearly and would do anything for her..its just the dog owner , firstly denied it was her dog that had escaped the garden and attacked mine...then secondly asked me to prove my dog was hurt immediatley after the attack, i couldnt move the poor little thing she was in shock...would i be able to claim any fees from her or am i wasting my time

[honeybee13]

Hello there. What a horrible experience! Poor you and poor doggy.

 

Have you spoken to the police about this? I think I've heard of them getting involved with aggressive dogs. If this happened to us, I would also ask at the vet's surgery. I get on well with the nurses and I think they would tell me what other clients have done, if they're aware of it.

 

My best, HB

[Undercover-Elsa]

Hi,

I would definitely make a complaint to the police. You will then get a crime number.

Your neighbour may have liability insurance included in her household insurance.

I would write her a formal complaint letter, quoting the crime number and enclosing a copy of the invoice.

Keep it polite and businesslike and give her 28 days to settle the bill, otherwise regretfully you will have to start a claim in the small claims court. Take photos of your dog's injuries.

 

Poor lad..hope he's feeling better now!

 

Elsa x

[Janie1962]

So sorry to hear about this - hope she's feeling better today (you, too!). My dog was attacked by a Staffie on a public beach a couple of years ago. He was on the lead, head restraint, harness - the works. The other dog was not on a lead, didn't even have a collar and was with the owner's brother. It tore my dog's ear, throat and flank and caused internal injuries which still occasionally bother him.

 

We called the police, who attended but said that because people hadn't been hurt, it was a civil matter, not criminal. We did exchange addresses & phone numbers with both the owner and her brother. However, the owner's number turned out to be false, and all letters to her came back marked "Return to Sender". On advice from my local dog warden, we then tried to claim the insurance excess of £95 from the brother (bill was over £500) but they did not acknowledge receipt of any of my recorded delivery letters. The PC who attended the incident has also tried to contact them on my behalf (which was really nice of him!) but they again did not respond.

 

I considered issuing a claim for the excess, but until I can establish if they still live at the same address it's pointless - at least you know where the owners live, so that wouldn't be a problem for you. We're 25 miles away!

 

Really hope you get this sorted, and I hope your dog recovers well.

 

Best wishes

 

Janie

[littlemissme]

hi guys thanks for replys,i have phoned police but they said its the dog warden i need to contact .

i took a photo of my pet and along with the vet bill posted through her door, this morning she had posted them back to me

i have proof that this dog has bitten or attacked before, the owner os an elderly lady, whom as a child being brought up was made to respect the elderly, i have bitten my tongue, with her, i didnt know ladies of her maturity could be so hard, nasty, and more to the point telling lies , she is a heartless woman

[Surfer01]

When this happened to us we ended up with a very hefty vet bill. The owner of the dogs, (German Shepherds) that attacked our Yorkie stated that his dogs were never allowed out. About a week later I saw them both on the road and took pictures. We then sued in Small Claims court for the maximum possible and got the full amount awarded as we had all the evidence on our side.

[littlemissme]

i have had the owner knock on my door and tell me go ahead take it to small claims, its a dog fight for gods sake....so i have written a formal letter with 28 days to pay up ..after that i will start a claim against them

[ashmk]

Next time the dog gets in your garden get it in a box, chuck it in the car and take it for a nice long drive.

 

Dog, what dog? I have not seen your dog.

 

Next time it might be a child that gets attacked.

[littlemissme]

recieved this morning hand posted

[Surfer01]

Too small to read.; Register at photbucket and then upload it.

[littlemissme]

http://s48.photobucket.com/albums/f202/michelle123_067/?action=view&current=Image.jpg

[Undercover-Elsa]

Who is this guy? Why is his dog living with an old lady who obviously can't control it?

 

 

His letter is very articulate but full of hearsay and frankly wrong statements.

It is NOT "natural" for dogs to fight! If that is his attitude no wonder his dog attacks others..he's condoning aggressive behaviour.

Dogs are pack animals by nature. They have an instinctive code of behaviour developed to AVOID fighting.

Body language - eg the initial reaction to meeting another dog - allows them to "read" each other and avoid fights.

A dog which has been socialised correctly by the owner (which they have a responsibility to do) should not fight. If they do, it is the owners fault.

I notice that your JR is a bitch. What breed/sex is the other dog?

His comments about your dog are hearsay. Can you get witness statements from others re the aggressive nature and lack of control of his dog?

 

Elsa x

[Janie1962]

What a nerve! Whether it's "natural" or not (and I fully agree with Elsa that it isn't, otherwise no dog would be safe!) it was YOUR dog that got hurt by HIS dog, and as such you sustained loss. Your dog barking at the gate is totally irrelevant - I think he's just attempting to put some of the blame firmly on your JR. In fact, I think much of his letter is irrelevant.

 

Did you enclose a copy of the vet bill/diagnosis with any of your letters? And did you take pics of your dog with her leg strapped?

 

Your relationship with these people can hardly be good, so I would be inclined to take up his kind invitation and take it to Small Claims. After all, you now have it in writing that his dog did actually cause the damage!

 

Good luck, and I hope your dog's recovering well from her ordeal.

 

Best wishes,

Janie

[Janie1962]

Sorry - I also meant to ask, did you contact the Dog Warden? They may have had other reports about this dog.

 

Janie

[littlemissme]

how can people be so horrible when clearly you can see she is hurt, i also posted this pic along with the vet bills

[littlemissme]

how do i start a small claim now

[locutus]

Are there any independent witnesses that will be prepared to make a statement, and did you contact the Dog Warden? (these will be very useful if it does go to court) Visit your local county court and talk to the clerk (who will get the papers for you) OR visit MCOL here (there are some helpful web pages there aswell, so have a browse around )

[littlemissme]

hi yes i contacted thye dog warden, thakyou for your reply you all have been very helpful ,much appreciated:roll:

[honeybee13]

Hello there. I've been away for a while, just wondered if there is any update on this thread please? I hope you're getting on OK and that your JR is on the road to recovery.

 

HB x

[littlemissme]

hi i have since phoned the dog warden, they sent a form out to fill in, which i did and sent back, i do have witnesses from who actually seen the attack and of people of which the dog has bitten before

[ihateyes]

Go to a small claims, and win this one......

His dog attcked your dog end of.... wheather your dog was of the lead or not, the fact remains his dog was also off the lead, and attacked your dog.

Most dogs will bark behind a gate or door, simply them protecting their territory.

My dog will always bark behind the door/gate, but once inside, lick you to death rather tham devour.

 

This guy needs to have his bank balance reduced.

[littlemissme]

i think i am goung to, got the papers for it thankyou all for replys much appreciated:oops:

[honeybee13]

Hello again. I think you're doing the right thing, hope it goes well and please come back for more advice if you need it. And we'd like to know how it goes because we like to know and also it could help someone else in the future if they have the same problem.

 

Go for it, HB x

[littlemissme]

ok so which address do i put on the claim form...the actual owners dog address or the address of the old lady who cares for the dog , i need to get this right would appreciate all your replys thanks

[locutus]

I've got no clue but would like to bump this up for ya.

 

Have a read of this here but it doesn't really help much.

 

This is something I found trawling the internet

Who can be sued for damage done?

 

 

 

In most cased the question of the identity of the potential defendant is fairly straightforward and will be obvious from the facts of the case. Indeed, as a general rule s6(3) of the Animals Act 1971 (the 1971 Act) is an excellent starting point. The 1971 Act identifies the defendant as the animal's keeper. The 'keeper' is defined as the person who owns the animal or who has it in their possession.

 

A potential difficulty arises when there are multiple keepers. For example, if a dog owner hires a dog walker to take their dog out for a walk and the dog subsequently bites the walker while the walker has the dog in their possession, can one keeper (the walker in possession) sue another keeper (the owner)?

 

This question came before the Court of Appeal in Flack v Hudson & ors (2000), where it was made plain that an animal could have more than one keeper and that one keeper could sue another keeper.

so it would appear you could choose which to take to court, I'd choose the person who was in charge of the dog at the time.