Got bitten by dog.(kle1986)(update 2 new picture)

 I don't agree with the gun idea, and here's why.  These people obviously don't care about the dog, so why would they care if it ends up dead.  If it COSTS them money, they will be more inclined to feel that they have suffered a penalty for their irresponsibility.  So, your best bet, IMO, is the courts, because at least they are populated with people smart enough to have gone to law school.  Maybe you'll get better treatment there than with the dimwit beaurocrats you have been dealing with thus far.

The bites you sustained were, from all appearances, what we call a Level 3 bite.  Bruising, but no punctures deeper than half the length of a canine tooth.  So, the dog did inhibit his bite somewhat,  but IMO is dangerous nevertheless, especially since he sought to bite a vulnerable area, such as your throat.  Dogs that go for stomachs and throats are more of a problem than those that stick to your extremities.  So, you might be able to use that information when you make out your complaint. 

You are better off getting affidavits from people who have been bitten, and get them to describe the severity of the bite, in what circumstances it took place, and if they have photos, add them (just the facts, ma'am - you'll get more sympathy from a judge than if you get hysterical and rant to the newspapers, who can expose the general problems, but not change anything for you individually).

Stay professional in your approach, do your documentation and homework, and file the law suit, even if it's in small claims court to recover your medical costs (do have the bites examined by a doc - and get the rabies vax if you cannot prove the dog is vaccinated!)

kle1986

 Hodgenville is my town.

Guess what? That dog was in my yard this morning. I let the dogs out to use the bathroom while I was getting their breakfast ready. Next thing I see is Cheyanne and Lillie chasing it off. What happened to the 10 day containment?!!!

If this happens again, take a picture.

Start documenting every incident with this dog and get neighbors testimonies too. Give it all to the dog warden and askk him what he's gonna do about it.

I'm so sorry this happened, its so very scary!

 I have been taking pictures of my arm everyday. 

I just called the health department and gave them the info. The dog warden has called them but the lady that he needs to talk to wasnt in so he has to contact them again. But I gave them my info so I do know that they have been contacted by me.

Ugh I dont want to cause a big mess over this just want to dog taken care of someway. Either by keeping her in a secure setup with a dangerous dog record on her or put to sleep. I seriously think this dog should be put to sleep before it hurts someone badly. She gives no warning what so ever before attacking. Well at least she didnt with me.

kle1986

Ugh I dont want to cause a big mess over this just want to dog taken care of someway.

Don't be afraid of making a big "mess"!  It is the only thing that will change the way that things are handled in your area.

A lot of people fear confrontation and have little experience with it.  Treat this as an opportunity to get some experience.

That experience will allow you to remain calm enough to concentration on the reactions and emotions of the other people during confrontations.  That is the first step in managing such situations. 

As I see it your next possible steps are to

• See a doctor!!
• Get advice from an attorney on how to legally proceed.
• Visit the local district attorney (while your bruises are fresh) and let him/her know of the outrageous police actions.  Refusing to enforce the 10-day rabies quarantine is dereliction of duty and just plain stupid.  Make your appointment in person so the secretary can see the bruises.  A "Sir/Madam, you need to see this!" from the secretary can work wonders.
• Collect notarized statements from other people involved, plus copies of doctor's bills and pictures if possible.  The statement of dates should say something like "on or about September 27, 2008".  That keeps something from being thrown out because the date is slightly wrong.
• File a court case against the dog's owner for damages.
• Go up the legal ladder to the county or state police to complain about the lack of proper local police response.
• Talk to your local city, county, and state representatives about the laws.  Make it clear that you want laws that address the actions of a dog, not its breed.
• Start a petition drive to put a referendum on the ballot of the next election.

Yep, that is a lot of work, but that is what it takes to change things.  The more you do the less likely it will be that the next dangerous dog will attack a child.

 Get this. I talked to the lady that handles dog bite reports. She said "you mentioned this dog was a brown brindle colored dog." I said yeah. Can you guess what she asked next?

Was it a pit bull?!! 

WHAT?!!! So if I had said the dog was a pittie the dog would be taken care of immediatly.

I hate the human race sometimes. Idiots. That's all I can say about humans.

Everyone is telling me to sue the people for lots of money. I could use lots of money but I really think everyone(not people on here) are forgetting what the real issue is. There is a dangerous dog out here that needs to be dealt with not made money off of. I mean sure if I got money out of the deal that'd be ok, who couldnt use the extra money these days. But I dont even think my bites are gonna get me awarded money. I just want the dog dealt with!!!

Thanks Janet for all you advice. I am trying to do everything you suggest. In the end I just want to know that I have prevented someone especially a kid or JJ's grandmother from getting hurt by this dog.

kle1986

So if I had said the dog was a pittie the dog would be taken care of immediatly.

Oh, great!  It doesn't take a rocket scientist to figure out that any breed dog (with long enough teeth) can put dangerous punctures in the jugular vein.  Any breed at all can get rabies and no chances should be taken with that.

kle1986

Everyone is telling me to sue the people for lots of money.

You are not going to make lots of money off of this.  You will be lucky to get back your medical and court costs. 

The judge will take you more seriously if you are just asking for actual damages and for something to be done to prevent future injuries.  The judge should also be asked to reprimand the police for their handling of the situation.

To keep the dog the owner should be required to have a securely fenced yard and to keep the dog confined there.  The first time the dog is documented to be free (even on the owner's property) a court specified fine would be imposed.  The second time the dog would be destroyed.

Somehow I doubt the owner will be willing to construct a secure yard.

I am on the road and have not had a chance to read every one's good advice but I would offer the following thoughts. ..Contact the dog Warden again IN WRITTING ...send it registered mail with the Elected Officials Name in the Attention box... Make sure you send a copy

CC /:  your local newspaper and news station . The Mayor's office and anyone else you think will be interested in a hot issue.

 Keep your letter brief something to the effect of

Dear Mr. (insert the DW's Name),

I recently contacted your office after being attacked by a Neighbor's dog. After explaining that I was at their home by invitation you declined to investigate the incident.  Offering only strongly worded instruction that the dog be kept from running loose.

This is not an acceptable solution to the the potentially dangerous dog situation which now exists in our neighborhood. This dog has bitten 3 other people.  When will your office determine both the danger and liability due to this dogs behavior ? I believe this animal presents a tragedy in the making, must a child be bitten or maimed before your department steps in and takes action ?  Our Neighborhood is filled with young     children.

While I normally would prefer to be able to simply contact the authorities and relax knowing they will take the required action to ensure our neighborhood remains a safe place to live, I found the response ( or lack of) , from your office to be as alarming as this animal who attacks in an unprovoked fashion.  Therefore I am sending copies of this letter to the Mayor, our local newspaper and news station in hopes that they may be able to impress upon your office and team the reckless danger that this dog presents. 

I remain available to answer any questions you may have concerning the dog's recent attack on myself and others.

Sincerely,

your name 

Address

Telephone number

I am a Registered Voter.

Sometimes just being a good citizen and reporting incidents is not enough. BY making sure the Dog Warden knows you are opening this up to others in your city's governing offices and the news they take the risk that it will be a slow news day and the editor will want to run with a story that can stir a pot.

I hope you are feeling better, It had to have been terribly frightneing for a dog lover like yourself to advocate the dog being PTS.

Hugs

Bonita of Bwana

 I dont care about getting money from this. I just think that this dog NEEDS to be dealt with. I do prefer the secure never let out of a fence again method than being PTS but if their not gonna be willing to do that then the dog needs to be put to sleep.

It is a dog that attacks without being provoked or giving any warning at all. I dont even think it would be safe to rehome this dog to a responsible well acknowledged dog person.

i know you dont want to make a big mess of things- but for samanthas sake you do. And since our town is so little and obviously noone cares the only way something will be done about the dog is to sue and have it in court that way then everything can be brought up about other bites and the retarded police. I know you dont want to sue but  i think that is the only way your gonna get heard around here. Otherwise nothing will be done and one day when your outside with your back turned something bad may happen to samantha.

Forget the money.

But be a constant, documented thorn in their side until something is done. It takes a particular mindset but you have to be of the mind that you will not let it go until something is done about it. No retreat, no surrender. Document everything. Keep hammering away. Do not rest until it is resolved.

The only reason for suing is that money gets people's attention. You can't make the person do the right thing about the dog until you can take away their last red cent because they value money more than life. That's the primary reason I mentioned suing. Not because you need money but because it gets the defendent's attention.

kle1986

 I dont care about getting money from this. I just think that this dog NEEDS to be dealt with.

I see how you feel - but money is the way to do it.  Look at it this way - if someone just shoots the dog, how long will it be before they get another who goes the same way?  Hit them where it HURTS - and that means in the pocket.  And keep at it!  If - WHEN - someone, possibly a child is seriously injured, you do NOT want to be thinking "if only I had...."  DON'T be scared of making a fuss!  A fuss is what is NEEDED.   Good luck.

I'd like to suggest you get a dog repellent spray rather than a gun. If the dog comes into your yard spray it. If it comes back spray it again.

I take a spray with me everytime I go biking with my dogs and have only had to use it once. The dog I sprayed now looks at us but does not bark or even move forward when we go past.

You have to protect yourself and your family but not with a gun. You could do more damage than good.   

Chuffy

Hit them where it HURTS - and that means in the pocket. 

That sounds good, but a U.S. court is not going to give much in the way of monetary punitive damages when the dog has not yet seriously hurt anyone.  Once the dog has been legally branded a public nuisance and a dangerous dog, then the courts would be more likely to award punitive damages if the owner did not properly confine the dog (as directed by the court).

How about this?  The court case could ask for $1000 punitive damages, but in lue of punitive damages, the case could ask that the owner be required to construct a secure yard.  A minimum size could be specified and a 6' fence required.  The requirement of $1000 or a yard could be made regardless of whether the dog is destroyed or not.

The owner should be able to construct a good yard for less than $1000, so the owner would probably construct the yard to avoid paying the $1000.  The court could set monetary penalties for the dog not being "secured by a leash" when outside that yard or the owner's house.  Don't just say "on-leash" because it could be argued that a dog dragging a leash is "on-leash".

Boy, the more I think about this idea the more I like it!! 

• It makes constructing a yard in the owner's best interest.  Future dogs could use it. 
• It gives the dog a chance at a life by not making it advantageous to the owner to destroy the dog. 
• It is something the judge might go for. 
• It doesn't make the people bringing the case look like they are just after money.

 Stop farting around with the animal warden, go to the district attorney!  Here is information on what you can do and what the consequences to the owner might be.

(5) (a) Any person who has been attacked by a dog, or anyone acting on behalf of that person, may make a complaint before the district court, charging the owner or keeper of the dog with harboring a vicious dog. A copy of the complaint shall be served upon the person so charged in the same manner and subject to the laws regulating the service of summons in civil actions directing him to appear for a hearing of the complaint at a time fixed in the complaint. If the person fails to appear at the time fixed, or if upon a hearing of the parties and their witnesses, the court finds the person so charged is the owner or keeper of the dog in question, and that the dog has viciously and without cause, attacked a human being when off the premises of the owner or keeper, the person shall be subject to the penalties set forth in KRS 258.990(3)(b), and the court shall further order the owner or keeper to keep the dog securely confined as provided by subsection (3) of this section, or the court may order the dog to be destroyed.

From Animal Law website.

http://www.animallaw.info/statutes/stuskyst258_005_991.htm#s990 

If you sue him in civil court, you could get damages, but that is it.  To go forward in criminal court, you need the district attorney, and that is the law with some teeth that can issue a court order that the owner take proactive action with this dog or order that it be put to sleep. 

BCMixs

If the person fails to appear at the time fixed, or if upon a hearing of the parties and their witnesses, the court finds the person so charged is the owner or keeper of the dog in question, and that the dog has viciously and without cause, attacked a human being when off the premises of the owner or keeper, the person shall be subject to the penalties set forth in KRS 258.990(3)(b),

The problem in this case is that the bite was on the premises of the owner.  In an attempt to permit dogs to guard their owner's property without punishment, the law does not even address dangerous dogs biting invited guests.