EXTREMELY UPSET/ANGRY! Please Help!

sarasmith3269

sarasmith3269

O.G.
Oct 9, 2008
1,994
4
#1
Yesterday my dads jack russell "eddie" was killed by two neighborhood dogs who came into our yard and attacked him. He is really upset and so am I. I just feel so sad thinking about how that little guy died and also how my dad felt to come home to see little eddie dead with those two other dogs just hanging out, lounging in our yard. My dad could have (and Im surprised he didnt) pulled out the shot gun and took care of these dogs himself, but he didnt. Somehow he managed to keep himself together and call the dog catcher to get them. The dog catcher informed my dad that he has had a lot of calls on these dogs how they've been loose and chasing people. My dad now has a court date on wednesday with regard to these dogs killing eddie. Is there anything he can do to be sure that he gets some justice by having the owner punished/dogs put down? Please understand that I am acting out of concern and frustration because I dont want this to have to happen to anyone else dog or child ever again. This according to the dog catcher is not far out of character for them, hence the number of scared complaints he has gotten. Please understand that I am compassionate toward animals and an active volunteer at our local animal shelter as a dog walker, but I am also well educated in the dangers of malicious and aggressive animals. Please help.
 
#3
i am so sorry about the terrible loss of your dad's dog....i am a dog owner (of a GSD) and am always careful to make sure she doesnt get out ....dogs that have killed another dog i truely believe are a danger to other animals and even children...it is the responsibility of the dog owner for sure....but the dogs themselves unfortunately probably need to be put down as well....
like i said i am an avid dog lover and owner BUT in these situations i dont believe that the dogs are safe to be in society any longer....
 
#4
Sarasmith, I'm not sure whether you live in the US or not. If you are in the US, your dad can file both criminal and civil charges against the owner. Criminal means that the owner of the two vicious dogs will have to pay a fine and could potentially have to put his dogs down if it can be proved they are dangerous. A civil case can be used to get restitution for Eddie. Unfortunately, the law sees pets as chattel so your dad can't sue for the $1million in suffering he's going through. The dogs' owner deserves to have a world of legal hell rained down upon him/her.
 
#5
It just makes me so mad that eddie wasnt doing anything wrong...he wasnt playing out in the street, or in another dogs backyard...he was just hanging out where he belongs, minding his own business. I dont know how the owners could raise such evil dogs. Who would raise a dog to act like that?! I dont know who to blame, but man, i feel like blaming someone. Someone needs to be responsible for this.
 
#7
i think at the root of the problem is why all the dogs were not put away in a back yard. loose dogs are a threat to anyone at anytime...it's asking for disaster. how did you dogs have access to eddie unless he was out in the open. if they jumped a fence or something, then it is completely their fault. but if eddie is loose, what's not to say he provoked them somehow (just saying, i;m not sure) in which case, it is negligent of both owners to have their dogs not on leashes or in a fenced back yard...this can be turned against your dad as well to say he is negligent and he could have prevented the attack if eddie was put away...can you clarify?

at any case, my heart goes out to your and your dad!
 
Last edited:
#11
mrodriquez2006 said:
i think at the root of the problem is why all the dogs were not put away in a back yard. loose dogs are a threat to anyone at anytime...it's asking for disaster. how did you dogs have access to eddie unless he was out in the open. if they jumped a fence or something, then it is completely their fault. but if eddie is loose, what's not to say he provoked them somehow (just saying, i;m not sure) in which case, it is negligent of both owners to have their dogs not on leashes or in a fenced back yard...this can be turned against your dad as well to say he is negligent and he could have prevented the attack if eddie was put away...can you clarify?
Click to expand...

I understand your points...but eddie was in our yard. These dogs were found about 2 miles from there residence. My dad lives out in the country, so his yard is not fenced in but he is extremely obedient mostly a inside house dog and will not leave the yard. so i suppose he never got a fence because he never wandered off. we dont have any neighbors for about .5 mile on either side. Eddie has no history of being violent and has been around other dogs his whole life with no problem whereas these dogs have had numerous documented complaints. It just seems really sad to think that its the dogs/owners own fault that their dog gets attacked in their own yard. kinda like just because you left your house unlocked, it doesnt make it your fault that it gets broken into. i know its a drastic analogy, but im just so upset.
 
#12
^^^ well, from a legal stand point, you do have some liability to protect your dogs...when this falls below that standard, then you have some responsibility. however, in your situation because these dogs have had previous attacks and complaints, this means the court would most likely see that the owner of these dogs were in fact negligent and this was the proximate cause of your dogs injury, hence, you should have every right to sue for negligence. just to give you an overview, negligence has four elements: duty, breach, causation, and damages. it goes like this: the owner of the two dogs has a duty to keep those dogs from causing harm to other people or dog, the owner breached this duty by letting these dogs run loose and knowing they are capable of harming others, the dogs killing eddie was the proximate cause of eddie's death BUT FOR their being loose and the owner being negligence, eddie would not have died ( it is fits the resonableness standard because it is reasonable to expect owners to take care of their dogs and prevent attacks from happening)...so, this situation has all the elements of negligence and a breach of duty so you have a right to sue for damages, both general damages and punitive damages, the former being things like emotional distress and the latter being what the owner of the two dogs should have to be penalized for his negligence

i have studied law before and plan to go to law school, so if you have any questions just let me know.

again, I am very sorry for you and your father. I would be crushed. but i would also fight tooth and nail with the owner because HE was in the wrong!!! How is an irresponsible pet owner and should be punished. it's sad because it's not necessarily the dogs fault, they are only dogs....but the owner for not being a responsible person
 
#13
^^^thank you. My dad is familiar with the owners and for lack of better term they "dont have a pot to pee in" (meaning they are quite poor). He knows there is no use suing for any type of monetary gain, but we want to make sure that the owners are punished and that they never let this happen again.

Thank you all so much for your advice and support.
 
#14
I'm so sorry to hear about Eddie. That's horrible.

From an insurance standpoint your father may have recourse for restitution against the dog owner's homeowners insurance. (Assuming they own their home and have coverage in place.) If those dogs had attacked your father or damaged property belonging to your father his claim against the owner would be automatically directed toward the liability portion of the owner's homeowners.

My condolences on your loss.
 
#15
I'm so sorry this happened to you, your father and Eddie. What a loss.

I'm a huge animal lover and always feel terrible when an animal has to be put down, but when animals have demonstrated a pattern of repeated or escalating attacks, it tragically is necessary and that is the position I would take at your court date. In almost every case of a tragic person (usually a child) attacked or killed by a dog, there was a history of previous incidents that made it clear that they were no longer a safe animal.

Unfortunately, as we all know most bad animals are the result of bad owners. It's a shame that there isn't some way to keep owners like this from simply getting, and likely mistreating or neglecting future animals who will also become an hazard.

My thoughts are with you and your Dad!!
 
You must log in or register to reply here.
Top
Back