Location: Pennsylvania.
I was out walking my dogs(we have 3) with a friend and my fiancé. As we’re walking past a house on the sidewalk a dog runs up to my dog, greets nose to nose and latches onto his chest. She had on no collar or leash. He’s trying to bite to get her off him, we’re kicking to try and get her to let go, all 4 paws are in the air literally hanging off my dog. We finally get them separated, I go to look at my dogs wound and he’s still panicking so he bites me on the wrist. The owners come outside at first upset because we were screaming, then grab the dog and get her back inside to assess the situation. The husband apologizes profusely while the wife says she was intending on letting the dog out but didn’t have the leash or collar on, “she just told her to stay, when she ran it was too dark to go look for her”. We find out this dog was adopted off the euthanasia list for attacking another dog previously. The husband assures me that they will cover the vet bill( I have this is writing over text) and we go to an emergency vet that night he gets treated for 2 puncture wounds on his chest and is given pain medicine and antibiotics for the next week. I go to urgent care the next day, have to get a tetanus shot and miss two days of work because of my bite. I wait a few days and reach out after never receiving word of repayment for the vet visit. The husband says his wife was supposed to send the money a day ago. Still nothing. Just so I have a paper trail, I file a police report about the text and get a text from the wife
“Hi this is ______. There was an issue at my property the other day with our dogs. I’m not sure why you’re involving the police after you spoke with my husband. My dog has a huge gash above her eye from a bite she took from your dog. I wouldn’t mind helping pay the vet bill , but your dog didn’t need emergency services. When i came outside and spoke to the woman she said her dog wasn’t hurt , and neither was she. This would be a civil matter that’ll cost more than $300 if you decided to go to court. IJS!”
Do I have grounds to take this to small claims court? If I wanted to, could I go after her from the urgent care bill or the loss of work? I’m honestly more pissed off than I care about the money. I was more than happy to handle this civilly until she was no longer civil. What steps do I need to take to take her to small claims court and how much can I expect it to cost? I kept the receipts of all the expenses this has taken, photos of the wounds, and text messages between me and the dog’s owners.
Comments
While some policies may have exceptions for dog bites, particularly with dogs who have a history of biting, their homeowners insurance maybe your best remedy for this situation. Ask for their homeowners insurance information and submit your claims to them.
Yes it’s a small claims case. If you can prove that their dog attacked yours you should be fine. The texts of them agreeing to pay, might be enough proof for a small claims judge.
The vet bills should be easy enough. The missed work time might not be as likely, but give it a try
You can seek reimbursement for the vet bills, and I would argue that if their dog hadn’t harmed your dog, you would not have been injured and lost work. Worst case, you get reimbursed. What did the police tell you about leash laws in your area. Also, try to find out the law on dog bites. In many states, once a dog has a bite history, the owner is on notice it is dangerous. It was reckless to allow a known biter to go in public without a leash.
If you live near a law school, see if you can get a consultation. Law students love this kind of question, and may be able to educate you about how to go to small claims court, and what damages you can seek.
One other point, did you find out if their dog had all its shots? Would hate to have this make your dog sick!
Edit: it looks like Pennsylvania has a 2 year statute of limitations and strict liability for dog bites.