Small dog attacked toddler while in walk

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Did you file a police report and state what happened? Scumbags like these dog owners always try to scare you from suing. I would absolutely sue for damages - in VA you get paid even if insurance covered. I wouldn't worry about the "trespass and assault" counter suit since you were protecting a human child.

OP and her husband are the ones wanting to sue.

My husband wants to sue. I am on the fence.

My husband wants the dog owners to pay for medical expenses.

The neighbors also filed a report saying I trespassed onto the yard and kicked their dog which made the dog react and attack my toddler. This is false.

Are they claiming you kicked the dog more than once? Because it makes absolutely no sense for you to trespass, kick the dog, and then do nothing while the dog bit your dd. Presumably, someone who would kick a dog for no reason at all would be very likely to kick a dog who was biting their toddler.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Did you file a police report and state what happened? Scumbags like these dog owners always try to scare you from suing. I would absolutely sue for damages - in VA you get paid even if insurance covered. I wouldn't worry about the "trespass and assault" counter suit since you were protecting a human child.

OP and her husband are the ones wanting to sue.

According to the officer who let us know she was pressing charges, yes. She claimed we came onto her front yard, I just randomly decided to kick her dog, and her dog reacted by biting DD.

He also took my statement and seemed to be amused by it all.

Haven’t heard anything today but assume I will tomorrow.

My husband wants to sue. I am on the fence.

My husband wants the dog owners to pay for medical expenses.

The neighbors also filed a report saying I trespassed onto the yard and kicked their dog which made the dog react and attack my toddler. This is false.

Are they claiming you kicked the dog more than once? Because it makes absolutely no sense for you to trespass, kick the dog, and then do nothing while the dog bit your dd. Presumably, someone who would kick a dog for no reason at all would be very likely to kick a dog who was biting their toddler.

[Anonymous]

Anonymous wrote:If you kicked the dog, you assaulted it.

This is both morally and legally wrong. The dog assaulted her child and she defended her child. OP did not assault the dog. Self defense or defense of your family is not assault. If anything, the dog owners are worried because aggressive tendencies including attacking humans is cause in many jurisdictions to be put down, if the animal is consider a threat to attack again. The larger the dog, the more likely they will put the dog down for aggression. But since this was a small dog, it may get off the hook.

The neighbors are trying to claim OP trespassed on their property because they are trying to protect their dog from being euthanized. If a dog is protecting its own property is one of the exceptions to being put down for aggression. So they are claiming that OP trespassed in order to say that the dog was defending its own territory.

OP, just comply with the police and make sure the police understand that you and your child were walking on the public property, not on the dog owner's property and that the dog was not appropriately restrained and attacked unprovoked. The fact that the dog was not leashed and in control of the owner, is clearly an issue in most of our region and speaks for itself.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I dunno. I’m a lawyer and I probably would get a lawyer if someone was making false claims to police about me. That doesn’t mean you have to sue.

Another lawyer. I wouldn’t waste my money getting a lawyer. If I’m already $300 out of pocket (and no lawyer if going to take this case because damages are so small), I’m not spending more money just because someone said something about me that isn’t true. I mean really people say things that aren’t true all the time. And it’s not like there are tons of documents to gather that you can’t get later if need be.

If you are a lawyer, you know that OP/dc can get more than just the OOP. There is pain and suffering involved here.

Also, if the father of the bitten child had to take leave from work to take the child to childcare, he can sue for reimbursement of his hourly rate based on salary for the time he took off work to go to the urgent care based on the dog's attack on the child.

[Anonymous]

Anonymous wrote:
My concern is that the neighbor is making the false claim that we went onto her property and I just ran up and kicked her dog, which incited the attack. We are worried she’s going to take legal action against us.

She's really trying to argue that you, with an infant strapped to your chest was going to "run up" to her dog on their property to kick the dog without provocation? That you with an infant in a carrier and a toddler in hand was going to leave the sidewalk to go into someone else's property and attack the dog?

Yea, that's a pretty ridiculous argument. Just cooperate with the police and explain that you were minding your two children and that your attention was wholly focused on them. That you did not leave the sidewalk and that there was no reason for you to leave the sidewalk when you were occupied by the two children. Given the two stories, an unleashed dog attacking on the sidewalk is far more credible than the neighbor's tale that you trespassed on their property with two under two in hand and ran to assault the innocent dog causing it to retaliate.

[Anonymous]

Anonymous wrote:

Anonymous wrote:
My concern is that the neighbor is making the false claim that we went onto her property and I just ran up and kicked her dog, which incited the attack. We are worried she’s going to take legal action against us.

She's really trying to argue that you, with an infant strapped to your chest was going to "run up" to her dog on their property to kick the dog without provocation? That you with an infant in a carrier and a toddler in hand was going to leave the sidewalk to go into someone else's property and attack the dog?

Yea, that's a pretty ridiculous argument. Just cooperate with the police and explain that you were minding your two children and that your attention was wholly focused on them. That you did not leave the sidewalk and that there was no reason for you to leave the sidewalk when you were occupied by the two children. Given the two stories, an unleashed dog attacking on the sidewalk is far more credible than the neighbor's tale that you trespassed on their property with two under two in hand and ran to assault the innocent dog causing it to retaliate.

DP. It’s such a ridiculous counter attack that either the neighbor is unhinged and really believes this cockeyed story or, as others have pointed out, they have been in hot water before with this dog’s behavior and are scrambling.

I don’t think it’s necessarily a wise move, but I have seen people post on nextdoor with stories like this. Inevitably, someone chimes in that they too have had a similar experience and can corroborates the story. We had a very long discussion in my neighborhood about a truly disturbed woman who kicked leashed dogs on the local trails who were minding their own business. She would also call dogs in their own yards to the fence and throw rocks or hit them or kick them. More and more people added their accounts until charges were brought against her. Good luck OP- I’m really hoping that neighbor with the ring camera comes through.

[Anonymous]

Anonymous wrote:If you kicked the dog, you assaulted it.

Self defense, a-hole dog owner.

[Anonymous]

Anonymous wrote:

Anonymous wrote:If you kicked the dog, you assaulted it.

If dog is biting my child I’m going to what it takes to get it off. Sorry not sorry.

OP did the right thing by engaging in self defense for her toddler.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:
My concern is that the neighbor is making the false claim that we went onto her property and I just ran up and kicked her dog, which incited the attack. We are worried she’s going to take legal action against us.

She's really trying to argue that you, with an infant strapped to your chest was going to "run up" to her dog on their property to kick the dog without provocation? That you with an infant in a carrier and a toddler in hand was going to leave the sidewalk to go into someone else's property and attack the dog?

Yea, that's a pretty ridiculous argument. Just cooperate with the police and explain that you were minding your two children and that your attention was wholly focused on them. That you did not leave the sidewalk and that there was no reason for you to leave the sidewalk when you were occupied by the two children. Given the two stories, an unleashed dog attacking on the sidewalk is far more credible than the neighbor's tale that you trespassed on their property with two under two in hand and ran to assault the innocent dog causing it to retaliate.

DP. It’s such a ridiculous counter attack that either the neighbor is unhinged and really believes this cockeyed story or, as others have pointed out, they have been in hot water before with this dog’s behavior and are scrambling.

I don’t think it’s necessarily a wise move, but I have seen people post on nextdoor with stories like this. Inevitably, someone chimes in that they too have had a similar experience and can corroborates the story. We had a very long discussion in my neighborhood about a truly disturbed woman who kicked leashed dogs on the local trails who were minding their own business. She would also call dogs in their own yards to the fence and throw rocks or hit them or kick them. More and more people added their accounts until charges were brought against her. Good luck OP- I’m really hoping that neighbor with the ring camera comes through.

+1

You would be shocked what stories police have heard, OP. They are not stupid, they know when a caller has ill intent. That neighbor is inadvertently calling attention to herself with her false reporting. If she sends the police to your house with her false reports, they will tell you that they had to respond, but they do not have to believe her. If you get to know the officer, they might tell you some juicy background information on that neighbor, since she has clearly been in the neighborhood for some time. I am guessing there is years of history, and she might be trying to divert that by reporting you. If she knew enough to lie, this is not the first time.

[Anonymous]

I know some PPs are saying "Just cooperate with police" but I would also be more assertive than that, since this woman is spreading lies about you AND your child. You got the name of the officer who took the report, right, OP? Reach out. Ask what the status of all this is, currently. Be SURE that animal control was notified by the cops if the officer said he or she would do that. Contact animal control--can you find out if animal control has sent anyone to interview this woman? Are they going to cite her, fine her, etc.? I would honestly be a pain to animal control and the police if they aren't moving on this.

I would retain a lawyer and have the lawyer let the woman know that you've retained them and are considering next steps. Sometimes that contact alone is enough to scare people into doing things like offering to pay medical bills etc. You may never need to go to court at all, if merely having a lawyer scares the neighbor sufficiently. And a lawyer can ensure you have everything you might need, if there ends up being later legal action, like which receipts and reports from police and animal control you'd have to have.

I posted earlier about this but will reiterate: Your other neighbors are also at risk from this dog and its terrible, selfish, lying owner, OP. Do not let worries about "What will the neighbors think of me?" stop you from pursuing this. Some other child might not be as fortunate as yours was and might suffer a much more severe bite, yes, even from a small dog. You've been forced into this role unwillingly, but it's now your family that can serve this owner the consequences she deserves, and needs to have, for the whole neighborhood's safety.

[Anonymous]

If that was my kid, the dog would no longer be with us.

[Anonymous]

Based on how the neighbor is reacting, I would lawyer up OP.

I bet that dog has bitten or at least been a nuisance to others and the dog owner is going on the offensive.

We have a few of those neglectful "run free" dog owner types in our neighborhood, but thankfully the mean dog usually gets run over by a car or attacked by wildlife, since they aren't leased typically and don't tend to keep the dog in a fenced yard.

[Anonymous]

Anonymous wrote:
I know some PPs are saying "Just cooperate with police" but I would also be more assertive than that, since this woman is spreading lies about you AND your child. You got the name of the officer who took the report, right, OP? Reach out. Ask what the status of all this is, currently. Be SURE that animal control was notified by the cops if the officer said he or she would do that. Contact animal control--can you find out if animal control has sent anyone to interview this woman? Are they going to cite her, fine her, etc.? I would honestly be a pain to animal control and the police if they aren't moving on this.

I would retain a lawyer and have the lawyer let the woman know that you've retained them and are considering next steps. Sometimes that contact alone is enough to scare people into doing things like offering to pay medical bills etc. You may never need to go to court at all, if merely having a lawyer scares the neighbor sufficiently. And a lawyer can ensure you have everything you might need, if there ends up being later legal action, like which receipts and reports from police and animal control you'd have to have.

I posted earlier about this but will reiterate: Your other neighbors are also at risk from this dog and its terrible, selfish, lying owner, OP. Do not let worries about "What will the neighbors think of me?" stop you from pursuing this. Some other child might not be as fortunate as yours was and might suffer a much more severe bite, yes, even from a small dog. You've been forced into this role unwillingly, but it's now your family that can serve this owner the consequences she deserves, and needs to have, for the whole neighborhood's safety.

+1

[Anonymous]

Anonymous wrote:Based on how the neighbor is reacting, I would lawyer up OP.

I bet that dog has bitten or at least been a nuisance to others and the dog owner is going on the offensive.

We have a few of those neglectful "run free" dog owner types in our neighborhood, but thankfully the mean dog usually gets run over by a car or attacked by wildlife, since they aren't leased typically and don't tend to keep the dog in a fenced yard.

+1

The neighbor is overreacting, because the neighbor has been in trouble before, OP.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Based on how the neighbor is reacting, I would lawyer up OP.

I bet that dog has bitten or at least been a nuisance to others and the dog owner is going on the offensive.

We have a few of those neglectful "run free" dog owner types in our neighborhood, but thankfully the mean dog usually gets run over by a car or attacked by wildlife, since they aren't leased typically and don't tend to keep the dog in a fenced yard.

+1

The neighbor is overreacting, because the neighbor has been in trouble before, OP.

Edit: overreacting = lying