Anyone ever have to testify? (My dog was attacked by another dog)

Bushy23

Active Member
So last Friday night my 10 year old Chocolate Lab, Rufus, was attacked by a loose pit bull. I was walking Rufus on a leash in the common area of our neighborhood when this loose dog ran up and attacked my dog. It was horrible. Totally unprovoked as my dog didn't see it until it was on us. She eventually latched onto my dogs foot and wouldn't let go. I was trying to pull her off while kicking her, but I didn't want to pull my own dog's foot apart or get attacked myself! After yelling and screaming for help (I'm a 39 year old dude, it was plenty loud) finally neighbors from like 8 townhomes away came and helped beat the pitbull until it released. They were able to throw it into their yard and call animal control. I took my dog to the emergency vet where he got tons of staples in his foot and the base of his ear, which was torn up. He is doing much better now. Animal control came to the emergency vet and took pictures and my statement. The officer actually had the dog in custody and said it was likely a fighting dog because it had scars and was emaciated. Lovely. She called me the other day and said the owner came forward. Unfortunately the only path forward is to testify in court about the attack and then animal control can fine the owner and place restrictions on the dog. Has anyone done this before? What is it like? So the dog won't be killed...but it will be given back to this POS owner. I am assuming I would have to sue the owner to get my vet bills back, right? Ugh, that seems like it would cost more than I would get back! Any advice? To make things a bit more complicated, we moved into a new house this past weekend. I know the address of the pitbull owner and it is in my old neighborhood. He asked the officer for my address(according to the officer it is public knowledge since it is in the report)...perhaps to apologize? I don't know. He claimed the dog was missing for weeks. But it was still in the neighborhood! I am just a little worried if he is in fact involved in dog fighting, will he come after me if I testify? Things like that. I am not scared and I want to do the right thing, but I also have a wife and two kids to worry about! I will definitely tell the HOA about this owner having a pitbull. They are not allowed in the neighborhood. Thanks for listening!
 

Roman

Active Member
Sorry to hear about what happened to you, and your dog. I've never been in that situation, but it must have been scary. I wish I could help you, but at this time, you should seek legal counsel.
 

MR47930

Member
Man up and testify, then take him to small claims for your vet bills. You're a 39 year old man, this guy isn't in the mob hes most likely a degenerate.
 

SoMDGirl42

Well-Known Member
My dog was attacked three times by the same pitbull. The first time I rescued my dog just as the other dog got to her and no injuries. The second and third time it was bad! Thousand dollars in vet bills. In the three years between the second and third attack, I never got one penny from the owner. After the third attack I managed to get a few hundred dollars from the owner, then she moved. After the second attack, animal control deemed the dog viscous and it was supposed to be locked in a 6 foot chain link fence with a roof inside of a privacy fence. Obviously that didn't happen since the dog was attacked again. After the third attack the dog was taken by animal control and put down. It had also killed a few cats in the neighborhood before it attacked my dog, in my yard on a leash.

Word of advise. Take pictures, and file your claim now. You'll likely never see a dime for years, if at all.
 

luvmygdaughters

Well-Known Member
Wow, so sorry this happened to you and your poor dog. I've never (knock on wood) been in that position, so really cant help.. Best of luck to you and the pooch.
 

lovinmaryland

Well-Known Member
Do you know if the owner of the dog owns or rents his townhouse? If they do you need to get their homeowners/rental insurance company and file a claim. You can get paid out under that for your vet bills. I'm thinking the owner wants your address to apologize and possibly ask you to reconsider testifying. If it were me personally I would most likely testify. I'd think what if it wasn't my dog and one of my kids?
 

Clem72

Well-Known Member
Do you know if the owner of the dog owns or rents his townhouse? If they do you need to get their homeowners/rental insurance company and file a claim. You can get paid out under that for your vet bills. I'm thinking the owner wants your address to apologize and possibly ask you to reconsider testifying. If it were me personally I would most likely testify. I'd think what if it wasn't my dog and one of my kids?

What are the odds this incredibly responsible pet owner went out of their way to get a rider on their policy for pit bulls? I believe most homeowners/renters insurance do not cover this breed.
 

Chris0nllyn

Well-Known Member
I believe most homeowners/renters insurance do not cover this breed.

Probably because "pit bull" isn't a breed.

To the OP, you'll likely need to file a civil suit in order to recoup any money. If you go to the county courthouse website, it'll have a list of things you should do before going to court such as notifying them in writing and ask to essentially settle out of court. If all else fails, you can go to court. Expect it to be expensive.
 

Clem72

Well-Known Member
Probably because "pit bull" isn't a breed.

To the OP, you'll likely need to file a civil suit in order to recoup any money. If you go to the county courthouse website, it'll have a list of things you should do before going to court such as notifying them in writing and ask to essentially settle out of court. If all else fails, you can go to court. Expect it to be expensive.

Why pick hairs you SOB. Are you refuting my claim that many (possibly most) homeowners/rental insurances do not cover what we would refer to as a Pit Bull? Or does pointing out that it isn't a specific breed somehow invalidating my point? Does my pointing out that you are a retard invalidate your points? Maybe it should.
 

Chris0nllyn

Well-Known Member
Why pick hairs you SOB. Are you refuting my claim that many (possibly most) homeowners/rental insurances do not cover what we would refer to as a Pit Bull? Or does pointing out that it isn't a specific breed somehow invalidating my point? Does my pointing out that you are a retard invalidate your points? Maybe it should.

I'm not splitting hairs. You're talking about a legally binding document. You can't make #### up to ban in that legal document because if it goes to court.

I directly responded to a specific portion of your quote. I'm not saying insurance companies can't or don't block certain dog breeds, but it has to be an actual breed. Not a made-up term that encompasses multiple actual dog breed. I will say my homeowners policy does not dictate the breed of dog I'm allowed to have, but I haven't shopped around to know if "most" policies do not them.

Quit acting like a child because you perceive my post as some sort of dig against you. Grow up.
 
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black dog

Free America
Probably because "pit bull" isn't a breed.

To the OP, you'll likely need to file a civil suit in order to recoup any money. If you go to the county courthouse website, it'll have a list of things you should do before going to court such as notifying them in writing and ask to essentially settle out of court. If all else fails, you can go to court. Expect it to be expensive.

Why would filing a small claims be expensive ?
You follow the rules on the County Court website and be your own Attorney ( Pro Se )
Have your ducks in a row at court, it's not difficult, a little unnerving but very easy.
 

Chris0nllyn

Well-Known Member
Why would filing a small claims be expensive ?
You follow the rules on the County Court website and be your own Attorney ( Pro Se )
Have your ducks in a row at court, it's not difficult, a little unnerving but very easy.

You're right. The OP could represent herself. It'd be expensive if they needed a lawyer.
 

luvmygdaughters

Well-Known Member
I'm not splitting hairs. You're talking about a legally binding document. You can't make #### up to ban in that legal document because if it goes to court.

I directly responded to a specific portion of your quote. I'm not saying insurance companies can't or don't block certain dog breeds, but it has to be an actual breed. Not a made-up term that encompasses multiple actual dog breed. I will say my homeowners policy does not dictate the breed of dog I'm allowed to have, but I haven't shopped around to know if "most" policies do not them.

Quit acting like a child because you perceive my post as some sort of dig against you. Grow up.

I agree with you, there are quite a few dogs who get lumped in the "Pitbull" classification. My dog for example, Morgan, is part boxer and part shepherd. When she was a puppy, so I was told, she had her jaw broke and it was never set properly. This causes her jaw to look larger then it is and it also cause a rather lopsided overbite. We've been out with her before and people always remark that she sure looks like a pitbull. She clearly does not, she has the distinctive eyes and face of the boxer and the coloring and markings of shepherd on muzzle, but because of the larger looking jaw, she is always assumed a pitbull.
 

Chris0nllyn

Well-Known Member
I agree with you, there are quite a few dogs who get lumped in the "Pitbull" classification. My dog for example, Morgan, is part boxer and part shepherd. When she was a puppy, so I was told, she had her jaw broke and it was never set properly. This causes her jaw to look larger then it is and it also cause a rather lopsided overbite. We've been out with her before and people always remark that she sure looks like a pitbull. She clearly does not, she has the distinctive eyes and face of the boxer and the coloring and markings of shepherd on muzzle, but because of the larger looking jaw, she is always assumed a pitbull.

I've actually heard this quite often. Mainly when they are puppies, but I'm always amazed people get them mixed up. :lol:
 

Clem72

Well-Known Member
I'm not splitting hairs. You're talking about a legally binding document. You can't make #### up to ban in that legal document because if it goes to court.

And you are being intentionally obtuse. Insurance policies can and do refer to "Pit Bulls" as well as the more generic terms "bully breeds". Hell,

From the Insurance Information Institute, Inc (iii.org):

"Some companies require dog owners to sign liability waivers for dog bites, while others charge more for owners of breeds such as pit bulls and Rottweilers and others are not offering insurance to dog owners at all. Some will cover a pet if the owner takes the dog to classes aimed at modifying its behavior or if the dog is restrained with a muzzle, chain or cage."

INSURANCE INFORMATION INSTITUTE

110 William Street
New York, NY 10038
212-346-5500

The mission of the Insurance Information Institute (I.I.I.) is to improve public understanding of insurance—what it does and how it works.

For almost 60 years, the I.I.I. has provided definitive insurance information. Today, we are recognized by the media, governments, regulatory organizations, universities and the public as a primary source of information, analysis and referral concerning insurance.

Imagine that, the group of lawyers depended upon by the media, governments, and regulatory organizations refer directly to Pit Bulls as a breed. Doesn't matter if technically they can be any of a mix of different bully breeds, if they meet the colloquial definition of Pit Bull. And you obviously know less about contract law thank you think you do if you believe only the exact letter and not the spirit of a contract clause is taken into account during court disputes.
 

lovinmaryland

Well-Known Member
What are the odds this incredibly responsible pet owner went out of their way to get a rider on their policy for pit bulls? I believe most homeowners/renters insurance do not cover this breed.

Some exclude them and some don't, so I don't think it would hurt to try and get the information and file a claim. Whats the worst that can happen they say no...he's no worse off than he is now. But you never know unless you ask.
 

Clem72

Well-Known Member
Some exclude them and some don't, so I don't think it would hurt to try and get the information and file a claim. Whats the worst that can happen they say no...he's no worse off than he is now. But you never know unless you ask.

That was my exact point, that they may run into trouble trying to sue the insurance directly depending upon coverage. But according to Chrys because Pit Bull isn't technically a breed and since I used the word breed to refer to Pit Bulls in my post no insurance company anywhere can possibly excluded them from an insurance policy. We should let them know that from now on all contract case law will be decided based on the wording I personally used on posts in this forum.
 

lovinmaryland

Well-Known Member
That was my exact point, that they may run into trouble trying to sue the insurance directly depending upon coverage. But according to Chrys because Pit Bull isn't technically a breed and since I used the word breed to refer to Pit Bulls in my post no insurance company anywhere can possibly excluded them from an insurance policy. We should let them know that from now on all contract case law will be decided based on the wording I personally used on posts in this forum.

LOL ok yea we should keep that in mind for the future :lol:

He wouldn't neccisarily being suing the insurance company just initially filing a claim. Its pretty easy and straight forward. A lot of times its just submitting the bills and they'll reimburse. Unfortunately for the homeowner if the insurance company did pay out they most likely would exclude the dog from there on out.
 

Bman

New Member
I've never had to go to court to testify but that may change soon, I just filed an affidavit on Tuesday because my neighbor's pitbulls keep getting out and causing trouble. One of them tried to attack my dog while I was walking it on a leash but a good kick to it's head sent it running back home. I'm glad it didn't escalate beyond that. A week or so later both of his pitbulls showed up at my house and tried to attack my dogs through the storm door. I closed the front door to block their view and they ran around back and tried again at the basement door...it's bad when you can't even let your dogs outside in your own yard. I spoke with one neighbor and the same 2 dogs have attacked his rabbit hutches and caused injuries to several rabbits. Another neighbor had to pick their little dog up and run inside. Enough is enough, I can't keep having them threatening my pets and there are several small children nearby and if anything bad were to happen I would feel guilty for not reporting them.
 
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