dog bite!

[cigar6]

I hope this has not happened to anyone else on the board, but I'm hoping to get an idea of how to handle this.

Friday morning I was cutting an overgrown property for a mortgage company( the property had recently been foreclosed on by the lender.) We handle a number of forclosed properties and after inspecting the yard for hidden "land mines" ( trash , rocks, carjacks, etc.) that could wreck the walk behind that I use for these properties I proceed to cut the yard only to be attacked and bitten by a neighbors dog whose leash reached from his dog house about 20 feet into the yard I was in.

He got me on the back of the calf, and when I turned around to crack him on the head he got my hand and ripped open my ring finger from the knuckle forward.

Long story short after a trip to emergency room and 6 stitches later, I am now faced with what I should compensated for this ordeal. I talked with owner, they will cover all medical expenses and are very sorry. but I am also in lot of pain and can't hold any trimmers or other equipment at this time.

What would you do??? Sue for damages??? I hate to be a prick ,but I am really pissed off over this whole ordeal.

Any input is appreciated, and I hope that this doesn't happen to anyone else out there.

On a good day we all have enough to deal with already.

Thanks for letting me vent, and I am curious as to what others think.

[Jimbo]

Cigar6,

If I was in your shoes I would pursue legal action for lost wages, and some pain and suffering. You don't have to take them to the bank over it but why should you suffer because of someones ignorance.
If the shoe were on the other foot and your mower kicked a rock through their window or worse hit them in the finger and required stitches do you think that they would be as forgiving?

In my opinion the owner shouldn't be giving the dog a leash long enough to go onto someone elses property.

Be nice but get your lost wages and suffering back.

P.S. Now tell me how you get those Mortgage company (forclosed properties and such). I am interested in cutting some of these overgrown city properties, but I don't know who to contact about servicing them.

[cigar6]

Jimbo.

Thanks for your input. I to feel that this is the fair thing to do.

What I keep thinking about is if some small child was playing nearby? This dog could have seriously hurt them. The dog is impounded for ten days ( rabies watch), and if found to be overly aggressive may be subject to being put to sleep.

With regard to the foreclosed properties , I have been fortunate to get connected with several real estate agents who represent FANIE MAE, HUD or VA properties.

There tend to be only a few agents that handle these properties, but those who do deal with a lot of foreclosed or REO properties.

Find out who handles the foreclosed properties in your area.

They are usually very overgrown, and after a "Jungle Cut", they are required to be maintained on a bi-weekly basis unrtil they are sold.

We are actually cutting some again this year that didn't sell last year.

Thanks again for your input,
Chip.

[GreenQuest Lawn]

I would at least go for lost wages, ALL medical bills and to have the dog put down.

[BerksLawn]

My dad got bit a month ago by a customers dog. Then he got an infection on the opisite leg but the dog had all its shots. We don't know how he got the infection, but he couldn't walk for 2 days so I was out of school and did all the work. Well we told her, she was very sorry and today she sent my dad a 250$ check which covered more then the bills.

[Bluesteel]

I agree with cigar6. Further, leash or no, as long as you were not intruding or threatening that dog, his owner or property, he shouldn't have bit you. I love dogs, even so, if one of mine bit someone unprovoked, it'll be dirt nap time. Being sorry is all well and good, but if the dog's owner is sincere, they'd offer fair and complete compensation, just as we should for incidental damage. If they resist, then the legal system will have to judge and maybe that will force a change to keep the next guy from getting bit. ;)

[Mykster]

Originally posted by GreenQuestLawn
I would at least go for lost wages, ALL medical bills and to have the dog put down.

I totally agree, wages, medical bills and, this dog MUST be put to sleep so it doesn't attack someone else again.

[Grasshog]

If it has affected your work or slowed u down making your day any longer. You should collect.

[goodbeus]

for pain and suffering, I think the courts add 10% to the total amount that was spent on lost wages amd medical expenses...

[HOMER]

I used to have 6 foreclosed properties, best money I hever made. The only problem is they are, or seem to be, in the worst parts of town. Once I did my overpriced initial clean-up I then did my bi-weekly cuts in less time than a regular account but made 50% more each cut! I love it. Then they all sold.:mad:

As for the dog. I'm pretty sure I would have been justified to put one of them .40 holler points in his ass...........He was out of bounds by leaving his yard, chain or no chain.

Like someone else mentioned, if you sent a rock, jack, spare tire, kickstand.........all of the above.........into their yard and even hit the dog and hurt it, they would have you on a short rope under a tall tree. Sounds like you'll have to hire someone to do the trimming now that you can't.............who's gonna pay for that? You wouldn't need this expense if the doggy didn't bite. Heck, what if he'd bit you in the "boys", the "package", would you wanna be a nice guy then? I think overall I'm a pretty fair guy. When it comes to **** like this then I would take the gloves off. Most of these dogs that are left on chains are used for one thing and it appears that this one was trained well.

Did you mention the breed of dog?

[sheppard]

Plus any fallout from customers who were missed the following daysd because of this.

That should teach fido (& his master ) a thing or two.

If it were me I would take a contract out on the dog or do him myself.

Cordially,
Sheppard

[captdevo]

i agree with wages and medical, but not putting the animal down...

he was only protecting his territory, it's not his fault the owner had him on a long leash,

he can't tell property lines, only his limits

i'd surely nail the owner for lost wages, medical and pain and suffering....and don't forget your spouse....they had to deal with you and do without...lol

[gusbuster]

Whether you agree or not, the dog should be immediatly put down. Once it has the tast of blood, always will bite agian.

This is a common practice where dogs are used to herd animals. If a dog bites and taste blood, will bite again and possibly kill the animal. That's one reason why any sheep herder's or cow herders dog will be put down right away.

You can tame the wild out of an animal, but you can never take the wild out of an animal.

John

[TLS]

Real bad situation here, No doubt about it!

If I were personally servicing "these" types of properties, I'd definately be packing heat. I don't own one, but if this type of lawn/job were in my route I sure would look into getting the proper permits to carry one. They ARE always in the "not-so-best" neighborhoods!

Now....heres my 20/20 hindsight. I would have let that "ANIMAL" (can you tell I'm not a dog lover?) tell me just how fast my blades are spinning! Walkbehind hmmmm.... LIFT up front of mower....AIM.....well, you get the picture!!!! "BRUTUS, is this (grind, grind, blood, blood) 18,500 fpm or 19,000 fpm blade tip speed?" Weed wackers are also a good (much more humane) weapon against troubled K-9's!


But you see, this is just the attitude that I have that would have (in this situation) gotten me in "BIGGER" trouble than you already are. I would have just "AVOIDED" that particular area, and talked to the dog owner first.

[Runner]

This is real coincidental for what has happened to me twice in the last 3 weeks. One day I was fertilizing a customers property, doing the border of the cack yard, when a dog that was leashed next door came charging toward me. Well, I'm glad I moved, because this dog's leash came about 2 feet over in to MY customer's lawn! I was TICKED! I told my customer, and he called the neighbors. He was pretty upset, too, since he said he can't even go out into his yard and work without this dog being like this. It is foolish. These people just moved in over the last year. Real NEIGHborly!) Well, again just this last week, I was doing another lawn, (in the same area) and around the back fence of this customers yard, is another area to be kept mowed on a control basis. Well, THESE neighbors have a pitbull that is constantly tugging at it's chain on this old rickety doghouse, and quite frankly, I just don't trust it. Big chain, I'm just not sure about how it's fastened. It kind of scares me. I'm seriously considering buying some mace for these jobs, and not turning my back on these situations when I'm in those areas. I realize that for mace to work, I'd have to be alert and hit it head on, not after it strikes me from behind. Yes, if I carried a firearm, I'd be ready to use it. With regards to what Tom said, "Walkbehind hmmmm.... LIFT up front of mower....AIM.....well, you get the picture!!!!". Well, ths reminds me of a cute little song. Not to make light of what happened to Cigar 6, but I think it's appropriate. It goes like this, sung to the tune of "I'm looking over a four leaf clover.

"I'm looking over my dead dog Rover who I hit with a power mower
One leg is missing, the other is gone.
The third leg is spread out all over the lawn.
No need explaining the one leg remaining that's spinning on the carport floor.
I'm looking over my dead dog Rover, who I overlooked before!" :D

[MikeLT1Z28]

never heard that song before...

their dog shouldn't have had enough leash to make it across the property line. what kind of dog was it? the two i hate the most are rottweilers and chow's. both ugly and viscious and serve no purpose in life that i've even seen. when i was a ranger at a local (large, 4500 acre) park here, we were told that collie's were the number one dogs to bite people, that day we took a report for a dog bite... yep, a collie.

[awm]

i use to raise bull dogs. then one day it occurred to me how stupid it was to have an animal that was constantly threatening people with what amounts to a knife attack. loved my dogs but just aint right.i now tell dog owners that have threatening dogs that he is just dead if he runs at me ,as thats same thing as being attacked by a knife . this steps on some toes ,i know . but nobody has the right to have a pet that threatens deadly attack on kids etc. cept mabe a dog in a chainlink w sighns up to prevent theft.
jmho

[Albemarle Lawn]

If the neighbor is a home owner, it is likely he/she has home owner's insurance, which will cover your damages.

Ask or sue the homeowner, the insurance (if any) will cover you.

[Brickman]

Dogs have a heck of time eating thru a size 10 going more than the speed limit. :D
I agree this dog needs a "dirt nap". If the owner won't put him down, then juice up some hot dogs with................... and leave them where he can get them, but make sure to go back the next day and pick up whatever wasn't eatin. Personally I would go for a 12 gauge, 44, 45 you get the pic. A 7 MAG would do the job long range.
And I do like dogs, but NOT ones that bite.

The owner should pay for the whole deal! Mention lawyer or law suit and see how quick his purse opens up.

[Jason Pallas]

I got bit by a dog about 8 years ago. It wasn't while I was working BUT it was a neighbor's dog that attacked me while I was out jogging/running. My leg got infected. I got sick...blah,blah,blah... all better a couple of days later.
At any rate, I got pissed about the way they handled it (wouldn't submit the dog for testing to police when I got sick/infected). I got an attorney and ended up with $7,000 for a couple of stitches(lawyer said I could have got $25,000 if I was a girl - "mangled legs on a girl are worth More!). I had mixed feelings about profiting from this (after all it was just a dog bite - not a leg amputation) so, I donated some of the money to the Humane Society and kept the rest.
My advice: Listen to opportunity knocking. The homeowner probably has insurance. I could have been a little kid that got attacked. Contact a lawyer (they typically take 40% on dog bites and you only pay if they collect) - the insurance company will make a settlement offer instead of going to court. It'll be more than enough to pay your medical bills and you'll probably have a decent amount left over to invest in some new equipment. Don't feel sleazy about it because 1) it coulda been a little kid - these people need to be taught a lesson 2) they'd do it to you 3) you did suffer 4) if you still feel like you're unjustly profiting from opportunity, do what I did and donate some $ (or for that matter all of it if you like) to a related cause (Humane Society, Animal Rescue, etc....).
Good luck ..... but don't just do nothing.

[Grass_Slayer]

i dont care whose dog it is or what kind it is, if i dont know it and it bites me without being provoked i will give it a huge kick in the ribs.

funny story though, my neighbor's dog is deathly afraid of my mower but it thinks it can handle the kawasaki!!! its a miniature collie!

[Scotlawncare]

so you guys basicaly think that a dog should be put down because he was defending his terr. iin that case then you should be put down for defending your home or kids everytime you threaten a person or get in a fight. I'm not an animal rights person but good greef. I would be pissed about being bit and would have the dog owner pay medical bills, lost wages and pain and suff or at least his homeowners ins. but don't put the dog down for running a mower or weedeater around him and expecting him not to go crazy at a stranger in his "territory".

Yes i would have chased the dog with my weedeater after he bit me and give him the taste of .95 double line from a stihl at full throttle. and then seek damages.

Scot

[awm]

u make some valid points . the dog in most cases is doing what he thinks he is suppose to do.my complaint is with dogs loose to attack at their on disgression without fence or limitation of any kind.
theres folks, think its alright for their dog to threaten an attack,whether they carry it thru or not. i disagree and ill tellum so . told a lady this past week if her dog bit me again ,i was going to his gut.my opinion these people got a distorted set of values.

[Just Turned Pro]

Ironically enough... I saw a sign at a vet today saying that this week was national dog bite prevention week... Someone should have told that to the dog that bit Cigar!

[digger1]

I agree with Jason 110%. Any attorney will "jump" on this kind of case because it is plain and simple --- you got bit by a dog and it caused you pain and suffering. The attorney sends a letter to the homeowner and the homeowner will likely turn this over their homeowners insurance. The insurance company will make an offer "out of court" for a settlement in most cases.

It's a win-win situation for both you and the attorney. It will be lesson for the homeowner also because the insurance company most likely will raise their rates. You will get more $$$ from an insurance settlement than from an individual homeowner.

Good Luck!!

[LawnLad]

It comes down to responsibility of being an owner. It may be the dog's nature to guard it's territory - but "it's" territory was 20' back, according to te original post. If you trespass - than it's your own darn fault and you deserve to be bit for crossing the line. However, an unprovoked act is another matter. I would make the owner of the dog own up to their responsibility - no matter who pays for it, the owner or the insurance.

As a hypothetical... what if you are invited onto a customers property by the homeowner to give an estimate, etc. And their dog bites you. What would you do? Are they still equally liable since they failed to have their dog under control? If a mail man is bit while delivering the mail - you'll be charged with a misdameanor for not controlling your dog. Has this happened to anyone while on a customer's property?

[TLS]

To those that own houses.....

Ever notice why the agent asks if you have any pets, AND WHAT TYPE/BREED! Believe me, they have all large dog breeds set up in their computer for higher rates.

Same with pools, trampolines, swing sets, ponds, etc!

[Brickman]

TLS you are so right. I have done some third party insurance verifications, and those are the kinds of questions that they ask me on the forms.

[Fivestar]

If it were me I would seek legal advice and then go back and bite the dog! An eye for an eye!!! :blob2: