Anonymous
Post 06/04/2023 21:05     Subject: Small dog attacked toddler while in walk
Dog bit me in Fairfax county as I walked by a house. No sidewalk; I was in street.
Hole in my pants and maybe skin; don’t remember. Police said they only got a first incident warning. I’m a dog lover and I was pissed. Especially since it i thought it was going to rip my ear off when it was lunging at my face.
Check your jurisdiction.
Anonymous
Post 06/04/2023 21:05     Subject: Small dog attacked toddler while in walk
Anonymous wrote:A lawyer for $300 in medical bills? OP you are nuts. Let it go. It’ll cost you more in legal bills. Not to mention the strain it’ll put on this “relationship “ with your new neighbors.


No, the neighbors will have to pay the legal costs as well as compensation to OP. Most likely, neighbors homeowners insurance will settle with them-because they would lose in court.
Anonymous
Post 06/04/2023 21:04     Subject: Small dog attacked toddler while in walk
Neighbor has made trespassing claim specifically to avoid two things: first, liability, I assume, under Maryland law, which carves out trespassing. See https://www.peoples-law.org/maryland-dog-bite-law.

And second, if the dog has previously been deemed dangerous, and this is another incident that has caused stitches, then owner is liable for penalties and criminal liability as well.

I would hire a lawyer on this one and make sure you get that Ring footage. Dog owner is being very, very shady to protect the dog and themselves from civil and criminal liability.
Anonymous
Post 06/04/2023 21:04     Subject: Small dog attacked toddler while in walk
Where I live in Virginia, if there are at least two reports of a dog attacking/biting someone the owner may be forced to put it down, at least they are fined. So it is very important to make sure this bite gets on record in case it does it again to you or someone else.
Anonymous
Post 06/04/2023 21:03     Subject: Small dog attacked toddler while in walk
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.


I would absolutely sue. Most likely, their homeowners insurance will settle with you. I seriously doubt that the neighbors crazy complaint that you, with two small children, walked into their yard to go kick the dog...will be entertained at ALL. You and dc were on the sidewalk, where you have a right to be, and their unrestrained agressive dog attacked your small child!

But yes, sue, you should not have to pay any expenses related to this and it is very stressful for you, dh and dc!
Anonymous
Post 06/04/2023 20:52     Subject: Small dog attacked toddler while in walk
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.


We did only because the owners would not willingly give us the dogs vaccination record. The police had to visit the home in order to obtain the records and thankfully the dog was up to date on vaccines.


What kind of jackass makes the police force them to give the dog's vaccination records?


+1

Anonymous
Post 06/04/2023 20:50     Subject: Small dog attacked toddler while in walk
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.


We did only because the owners would not willingly give us the dogs vaccination record. The police had to visit the home in order to obtain the records and thankfully the dog was up to date on vaccines.


What kind of jackass makes the police force them to give the dog's vaccination records?
Anonymous
Post 06/04/2023 20:43     Subject: Small dog attacked toddler while in walk
I hope you Mark Moselied that dog right thru the uprights from 45 yards!
Anonymous
Post 06/04/2023 20:40     Subject: Small dog attacked toddler while in walk
Anonymous wrote:
Anonymous wrote:What was the breed? I bet I can guess.


I believe a Cairn Terrier. Or a mix. It was a smaller dog, probably 15 pounds.



People talk about large breeds but the nastiest dogs I've ever been around are some yappy little ones.
Anonymous
Post 06/04/2023 20:35     Subject: Small dog attacked toddler while in walk
Anonymous wrote:I'm conflict avoidant too, but in this case I'm team DH. Honestly I'd probably take it further and look into making a case the dog should be put down so it can't attack other innocent people in the future, but no idea if this is feasible.


I fully agree. The owners are taking no responsibility. And blaming you. The dog needs to be put down .
Anonymous
Post 06/04/2023 20:22     Subject: Small dog attacked toddler while in walk
Anonymous wrote:
Anonymous wrote:If op sues, she should be prepared to be counter-sued by the neighbor. The neighbor will say op was on their property and can ask for reimbursement of their legal fees, etc. OP, this can easily backfire and neighbor can actually say your child aggravated the dog. Without evidence (ring camera, etc) both sides will be hard to prove. Plus child not seriously injured enough to collect $$$.


Yes, this is our worry.

Which is why we are in process of getting Ring footage from across the road neighbor.

I think we’ve decided to sit and wait. If she’s going to go after us, we will go after her harder and with video proof (hopefully).

We can handle DDs medical bills. We don’t think she’s traumatized. What I don’t want is for her to go around telling people I randomly decided to go into her yard and kick her dog.


This is a good decision. It is good to be prepared just in case. However I doubt you will hear anything else from this neighbor.
Anonymous
Post 06/04/2023 20:16     Subject: Re:Small dog attacked toddler while in walk
Anonymous wrote:
Anonymous wrote:So sorry, OP. I'd send that neighbor the hospital/clinic bill and ask for reimbursement. I'd also get a lawyer, just in case.



Neighbor will counter-sue…just in case also.


Never said the word "sue," just in case you have trouble reading.
Anonymous
Post 06/04/2023 19:58     Subject: Small dog attacked toddler while in walk
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:If you kicked the dog, you assaulted it.


WTF, the dog was attacking a baby


seriously.

OP, the cops will likely sort this out. They can't be stupid enough to believe psycho neighbor.


+1

If this neighbor has lived in the neighborhood years before you, OP - chances are, the other neighbors are well aware of that neighbor's tendencies. You are likely not the first new neighbor to be"welcomed" this way.
Anonymous
Post 06/04/2023 19:53     Subject: Small dog attacked toddler while in walk
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:If you kicked the dog, you assaulted it.


WTF, the dog was attacking a baby


seriously.

OP, the cops will likely sort this out. They can't be stupid enough to believe psycho neighbor.


and FYI, had same thing happened to us. Idiot neighbors dog ran out of yard and bit our dog and my little kid. We had to have police verify rabies vaccination, it was very dramatic and they weren't very cooperative. They even denied the incident.
Anonymous
Post 06/04/2023 19:52     Subject: Small dog attacked toddler while in walk
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:If op sues, she should be prepared to be counter-sued by the neighbor. The neighbor will say op was on their property and can ask for reimbursement of their legal fees, etc. OP, this can easily backfire and neighbor can actually say your child aggravated the dog. Without evidence (ring camera, etc) both sides will be hard to prove. Plus child not seriously injured enough to collect $$$.


Yes, this is our worry.

Which is why we are in process of getting Ring footage from across the road neighbor.

I think we’ve decided to sit and wait. If she’s going to go after us, we will go after her harder and with video proof (hopefully).

We can handle DDs medical bills. We don’t think she’s traumatized. What I don’t want is for her to go around telling people I randomly decided to go into her yard and kick her dog.



The unfortunate reality is that there's a not insignificant percentage of dog owners who are horrible human beings. This happened to my child as well. Public sidewalk. Just walking. Dog owner with a leashed German Shepherd walked by and the dog snapped and bit my child, breaking the skin. The dog owner immediately became very aggressive. The dog too of course was completely out of control now. And so we chose to extricate ourselves from the situation as quickly as possible. We got no info about the dog and since my child was bleeding we had no option but to get rabies shots. An unpleasant evening in the hospital and several thousand dollars down the drain

My recommendation is to go full maximalist. Lawyer up. Get the Ring videos. Sue for everything. Demand the dog be put down. Only when dog owners know there are consequences for biting children will they change their behavior. And your actions will save other children from that misfortune. I certainly wouldn't worry about your neighborhood reputation. You know very well that a woman like this is telling everyone that you trespassed and her dog saved her life. Go to war


The problem with "full maximalist" is that there's just not that much to sue for here. I don't know what jurisdiction OP lives in, but in Maryland, this wouldn't be a "put-down-able" offense. I mean, you can be loud and demand whatever you want, but if you have no legal right to those things, all you're going to do is spend a lot of time, money, and energy for nothing.



True. But OP is dealing with a narcissistic neighbor with a dog that violently attacked their child. They just moved to the neighborhood. If there are no consequences, it will happen again. There will be a pervasive sense of fear and anger. And no one wants that when they’re looking to quietly raise their kids in a safe neighborhood

Sometimes legal pressure serves a purpose that doesn’t require legal resolution. It’s stressful being involved in the court system. Let that dog owner stew in the meantime. Pretty sure she won’t let that dog attack anyone when the courts will kill it for any future violation

I used to live in a country where things were much more simple. Rat poison in a piece of meat. This was for a dog that was terrorizing the neighborhood. Talked to the owner afterwards. She was very upset. It was the third time that’d happened

Some dog owners are genuinely awful. And if you’re stuck with one in your neighborhood, you need to hit them as hard as you can

Legally of course