I'm being sued for 10k and i wanna ask for some opinions on how fucked i am.
>Go to dog beach with my sister >walking my dog next to the water >some girl comes from the water and grabs my dogs face (without asking) to take a close look at his eyes. Because they are different colors >dog freaks out bites the girls hand >blood
Now im being sued for 10k for "medical bills" Live in the states, my dog has all his shots, what do u guys think my chances are?
>>558559730 Say it as it is. Not much you can do. She confidently walked towards your dog and grabbed his/her face. I would be surprised if it wouldn't have bitten a complete stranger. I am assuming the dog didn't continue to attack afterwards, he just bit to get away from her, right?
I doesn't matter if you are approaching a human or a dog, if you grab someone's fucking face that's assault and I would do my very best to defend myself. She was ridiculously stupid for doing something like this, all dogs have different personalities and are used to different things.
If the judges can't understand this you're basically fucked.
My dog bit her and ran he did not attack her more. There were witnesses that said they saw the whole thing and would defend me but after i talked to the dad i didn't think i would get sued, I thought he would just send me the medical bill. so i mest up and didn't get any phone numbers.
Unfortunately, some of what this anon says is true. In terms of legality, you are responsible for all that. Depending on the judge, they may waive it if you can prove you did not give permission for bitch to touch your bitch
The keyword you need to worry about here is >provocation
You aren't liable for damages, so long as you took reasonable precautions (whether he was on a leash for example), if she provoked the dog. She needs to prove by a preponderance of evidence that the attack was unprovoked, you need to assert that it was in fact provoked because she grabbed your dog's face without asking you if it was ok. If your story is the truth, then in this case the negligence was on her part.
>>558562672 >Your brick is your responsibility. >A brick is not a human. >You should have to pay the bills because your property harmed someone. >I know it isn't your fault and the chick hit herself in the face with your brick, but that's the law, kiddo. >Unless you can prove the person inticed the brick and that it has otherwise a nice demeanor. >But then you would spend loads in civil court in lawyers fees and just have to hope the other side drop the case. >>mfw ur fucked
>>558563592 I don't even know if he needs to lawyer up and scare the shit out of them, he just needs a lawyer that can help him prove his dog is not a psychopath and then prove that they are going after anything and everything unfairly. Paint the prosecution as greedy bastards.
I appreciate you for fixing the spelling error. You're a lovely person.
>Go to beach with mah nigga >some girl comes from the water and grabs mah nigga's face (without asking) to take a close look at his eyes. Because they are different colors >mah nigga freaks out and punches girl in face >blood
He was on a leash and she did come up and grab his face without asking. hopefully with proof that's enough to win me the case. Atm though its my word against theirs since i didn't collect any witnesses. 10 grand does seem like ridiculous number though, its also the mother that's suing me not the father who i talked to.
>>558559730 I reckon the 10k is an overstatement meant to scare you into trying to settle out of court. I do not believe a bit by a dog could cause bills anywhere near that amount.
My brother was bitten by a dog, unprovoked, when he was 7. However we live in England and don't need our lawyers to settle ridiculous debates, the owners bought him a packet of crisps and a coke, we stuck a plaster on it and went on with our lives.
Inb4 not a bad bite, because he still has the scars from it on his arm 12 years later.
Yeah that was a mistake, you always get numbers of witnesses. I think it's actually the law that if you witness a crime you have to leave your contact information. Anyway, it sounds like they're not gonna have any witnesses when it goes to court either so it's going to be your word against theirs and vice versa. Just tell it how it is, the parents weren't watching and the girl ran up and grabbed your dog's face while he was leashed and you were holding on to him.
Then you're probably fucked, sorry. Any time something like this happens, always call the police. They'll interview witnesses and an official report will be generated that can be used as evidence in a civil trial.
I have a friend in Michigan who has to pay out the ass for medication and it pretty much constantly fucks her life, because usually she can't afford them.
Meanwhile, I pay my 'outrageous taxes' and can feel confident I'll get treatment, and I can still afford leisure activities because I don't get forced to cover extortionate medical bills myself for shit that's sometimes out of my control and means.
I don't have an illusion of superiority over Americans, just your fucking worthless government.
A few years ago my sister had her friend over. It was dark in the room and my dog was on the floor chewing a bone. My sister's friend, not realizing the dog was chewing a bone, rushed at him to pet him, the dog reacted and jumped on her and bit her ear. It bit a 0.5 in chunk out. They sued us for $25,000 and killed the dog. It was the sweetest dog in the world, never hurt anyone. What dog DOESN'T react like that when it's eating food and gets lunged at by a stranger?? The legal system is fucked up. Let this serve as a warning. Don't have animals around strangers unless you want to risk getting sued for a ridiculous amount of money + have your animal killed.
His property still harmed someone else. As someone mentioned before, if anyone is harmed on your property then you're liable. That's why you need a fence around a pool and home insurance is through the fucking roof if you have a trampoline.
As retarded as it sounds, he didn't stop his property from harming someone, so it is his fault.
My brother was watching my dog and a neighbor, who my dog has never liked, decided to come over with a baby in her arms to play with the dogs....that dont like her. My dog jumped up in excitement and nipped the babies foot. I think there was a bruise and small bleeding. The new parents flipped the fuck out and went after me for money. Thats right the guy who wasnt there and wasnt even at my house. They went after me cause i made more money then everyone else. I ended up making my brother and his roommates go in and pay the medical bills because they let the stupid bitch go outside with the dogs but made the homeowners sign a document that said they wouldnt sue me later. They said they would not sign anything so i didnt give them any money. A week later the father showed up signed the document and i gave him the check. If i was you i would try to contact the father, or the original person you talked to. Try and handle this out of court. Otherwise you will pay more money and they will put the dog down. Goodluck
Like I said, I've got nothing against Americans. Your government is just fucking frustrating, it's like watching a car crash.
Watching some moron go "lol why pay taxes when you can pay out the ass for insurance instead, that way you're doing basically the same thing only they can charge you more if you've got a history of medical problems (being the people who fucking need insurance the most) and backpedal with legal loopholes anyway." just makes me wince.
Highly, highly doubtful if this was the first time anything like this has happened, especially considering the circumstances of her grabbing the dog's face.
I don't know what state you're in OP, is this going to a small claims court? If so, the judge is going to rip the plaintiff to pieces.
>You say you were swimming and the dog bit you? How did it close enough to bite you then? You claim it wasn't on a leash? Why didn't the dog pursue you? Let me remind you that lying in court is perjury.
It doesn't hurt to be a little cynical about governments, especially ineffective ones. Or are you going to start saying your congress is competent now?
You need to realize that just because people don't live in your country and vote for your representatives doesn't mean their policies don't buttfuck everyone. Canada's a little canoe tied to your fucking aircraft carrier, I'm not going to deny that, and if your stupid congress sinks it we go with you. So of course I'm bitter, especially when I see a lot of my friends get buttfucked by silly policy.
>>558566806 No... It's not every man for himself... Its disincentives to work. "Disability" in the US is the Closest thing we have. Unemployment is ok, but it runs out... Disability... Gift that keeps on giving.
You're a retard who has never been to the US or went when you were like 12 to Florida and now assume you know everything about the US. The BBC, reddit, 4Chan or your stupid online buddies are not a representation of the whole of the US or how it works.
About 0% of Americans want socialized healthcare, because they don't want it. If you cant afford it, most of the time it gets waived through the appropriate programme. It is almost impossible to not be covered by healthcare if you have a job.
You idiots always think you know whats best because you watched a video on youtube once. I have received 10x better care in the US than I did anywhere in Europe (Germany, UK and France)
This is all coming from a Brit living in the US. Have fun on a 5 month waiting list for that hernia operation.
Only a Canadian could be so fucking stupid as to think the average American has fucking anything to do with what their government is doing. I don't know how much you actually know about America, but our federal government is gonna do whatever the fuck they want regardless of what the people vote for.
Now stop acting like you, I, or anybody else you've ever talked to has anything at all to do with what the government does. The average American gives as much of a fuck about his country as you do about it.
Bitch about foreign policy all you like if you want. You're not changing anything and it's just going to reinforce the "bitter asshole" thing.
>>558565702 medical bills are likely to be 10k or more. The US medical system is broken as fuck.
Last month I went to the emergency room cause I thought I had a concussion (I went to one of those small medical places for stitches on my face, they told me to go get checked for a concussion) I saw a doctor for 5 minutes, he basically explained that I didn't have a concussion, and I had to pay 1000 bucks for it (not including stitches)
But I'm an American and I think each state should have it's own exchange. And any citizen can buy in to any state's exchange... You just gotta pay... Better system.. More bargaining power. It would derail insurance companies.
>>558567906 Most of the "tests" they do are for liability reasons to rule certain odd things out (many of which highly unlikely) so they don't get sued for negligence or malpractice.
They probably knew you had no concussion to begin with. Any nurse or nurse tech even, would know. Hell, if you goddamn webmd'ed yourself, you could know it....
But they needed a doc to perform the tests for liability and to weasel you out of every last cent you have (a thing American doctors are notorious for but rarely called out on).
Next time, tell them that you just need the barebones. In that case stiches and NOTHING else. They will fucking charge you 200 dollars for an aspirin in an emergency room so make sure you know what they're doing every step of the way..... and don't let them do shit that seems unnecessary and expensive.
>>558559730 hate to say it op, you're fucked. in the us, if a dog causes even the tiniest bit of harm to someone other than the owner, they can press charges and win in a slam dunk. you will have to pay, but you can possibly negotiate to a lower amount if you get a fantastic lawyer.
the toughest part is that the dog WILL get put down if that's what she wants, unless you spend WAYYYY more than $10k in lawyer/court fees while spending several months proving that it isn't normally violent.
What would happen if OP were to have the dog stay with a friend or family for a little while? Like say the court date comes and the judge orders to have the dog put down and OP's like "I gave him away to a stranger", what's gonna happen?
>>558567792 Ok Frenchfag here. In France, doctors appointments are pretty much the only thing that is ever on time. My appointment is at 3? Im ready at 3 and so is the doctor it takes 20 mins. in the us, an appointment at 3 really means 4:30, and it takes about an hour. Its painfully slow. I can't talk for serious injuries though as i've not had any living in either place...
>>558569178 that's another good point, if it EVER happened again you are in a LOT of fucking trouble no matter what. it's almost not even worth keeping the dog at all given how severely, irreparably fucked you would be on round 2
>>558559730 >mfw I was once bit by a dog when I was 12 >the only thing I did was grow a pair >wrapped my hand in gauze for a month and a half >called it a day. Looking back on it, not suing 1some guy 10k over it which would destroy his marriage and probably make him come short on bills, I feel like the truly better person. Sad that in today's world, a little girl learning a lesson not to fuck with animals and her parents not having enough control to say dont fuck with people's dogs results in the dog being put down in many cases or someone losing a fuckton of money over it.
oooh OP should leave little notes for the girl with pictures of his dog as a puppy and be like "if you keep crying, then this adorable little face is gonna die". No 10 year old girl is going to want a dog killed. Slam fucking dunk
Not gonna lie man, you're pretty fucked. I think your best bet is to try and settle for a lower amount, but I think they'll squeeze your for the 10 grand. Fucking sucks man. It is entirely the girls fault, but that's not the way the court will look at it.
>>558566427 >Your government is just fucking frustrating, it's like watching a car crash
>Doesn't live inside a country yet cares about it's policies more than most of it's citizens, thinks he knows it better than it's own citizens and is buttfrusterated over it's own citizens enjoying their lives.
I bet you're the kind of guy that tells his friends how to live their lives.
Unless the advice comes from a source in which that happened to them already. I'm not saying you're wrong fag, obviously a lawyer word is the law of the outcome. But at least OP can get a basic understanding of what he might hear or might understand
>>558559730 Lawyer up. There's a legal doctrine that applies called contributory negligence. Is the girl a minor? You could argue her parents failed to control her, knowing there were dogs in the beach.
>>558570275 get a dog, cause someone to fuck with it until it nips them, and find out yourself faggot. the owner is at a colossal fucking disadvantage everytime, they'll always have to pay SOME kind of reparations. "i was bit by his dog" is a fact the courts never overlook, it's just a matter of what the victim gets for being in that situation
To be honest I'm not sure why you said I was Euro in response to me suggesting OP make the little girl cry and beg her parents not to let the dog die. I just saw the "poor" part and... well you know how easy it is to take something the wrong way on 4chan.
Now about the fucking part, are you a hot chick or a hot passable trap?
>>558565908 Not all Canadians are bitter! I will have a beer and a barbecue with anyone. I have American friends and we get along just fine. There is however an overwhelming amount of stuck up Assholes where I live, think they are better then everyone else. American or Canadian the world is full of assholes.
>>558571965 >To be honest I'm not sure why you said I was Euro in response to me suggesting OP make the little girl cry and beg her parents not to let the dog die. Because you're suggesting the average American ten year old girl wouldn't think it was hilarious that OPs dog died. >Now about the fucking part, are you a hot chick or a hot passable trap I was gonna ask you the same thing.
>>558570813 In my country we would blame the parents for failing to observe the child and they would be directly accountable for the kids doing, not like that really matters as any medical bills would be paid with tax money anyway.
But, this is one of the main reasons i am not moving to 'murica, i mean its like you need a billion $ cash in reserve just to leave the house because some dork could run into you on the sidewalk and sue you for not jumping out of the way...ridiculous as it is.
You really think so? I'm in Salem and little girls cry all over the fucking place about everything, I can't imagine OP couldn't make a little girl cry by telling her it was her fault his dog died. I still don't really understand what that has to do with being European and poor though.
And unfortunately I am a 6'3 240lb white as fuck male. I am fucking stunning though.
>>558559730 from a common sense perspective, its her fault. From a legal perspective I cannot say, although I wouldn't be surprised if the judge throws it out of court. You will need a lawyer though. honestly the story needs more detail
lawfag here. You're probably in a tort case. To win a tort case, a plaintiff must prove all of the following: 1. That the defendant was bound by a duty to prevent the harm 2. That the defendant breached that duty 3. That the defendant's breach caused the harm 4. That the harm resulted in damages that can be awarded monetary compensation.
Your state probably has a statute governing, or has previous court decisions about, the duties that dog owners are bound by. Certainly if you had the dog on a leash, you're not totally negligent here. However, there might be more stringent requirements that you breached.
Even if you owe a duty and breached said duty, there could be intervening causes that let you off the hook. Again, this is where state-specific laws will come into play. I can see states holding either way: that those who approach unfamiliar dogs do so at their own risk (and so you'd be safe) or I can see states saying that by virtue of owning a dog, the owner takes on the responsibility for all of the dog's behavior, and thus they are liable for any violent outbursts in the dog. In typing that out, the second one seems more likely, which means you're probably screwed.
Proving damages is a lot more loosey-goosey and beyond the purview of any relevant advice I can give.
>>558564493 Ive only been to the hospital once since i left my mothers womb just stop being a fucking dumbass and hurting yourself in the first place. And if you do get hurt, tough if out you big pansy
>>558565075 >911 whats your emergency >"uh yea some girl grabbed my dog and it bit her and now they want to press charges" >alright we will have someone down there momentarily *short while later* >what seems to be the problem here >"well my dog bit this girl.. *bang* >dog is kill >no
>>558565175 My brothers friend dog was shot by a police officer because it accidentally scratched somebody when it jumped up playing around and the women called the police saying it but her when it really didn't. When the cop showed up the garage door was open and it walked outside to see who was there and the cop just shot the dog in I quote "self defense" when the dog was nowhere near the officer and was not running at him. I swear it's only because it was a pit bull.
>>558559730 10k sounds like a scare tactic... but frankly if i were in their position I'd use the "put the dog down" as the scare tactic.
Ultimately it comes down to between you and the parent of the girl over who's job it would be to keep that situation from happening. Generally people have taken a very liberal stance on how retarded kids should be allowed to behave while having the world compensate for their idiocy. Apparently dogs are expected to show better discernment than people their own age.
Shit sux, good lawyer is basically a must. (I wouldn't rely on a cool judge who'd throw this out and blame the parent for letting their kid wrangle strange dogs.)
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