Woman sues owners of dog killed by her pit bulls
Source: AP-Excite
TEXAS CITY, Texas (AP) A Texas woman whose four pit bulls entered her neighbors' yard through a hole in the fence and killed their 10-year-old beagle is suing them for $1 million.
Emerald White says in her lawsuit filed this week in Galveston County district court that she was "seriously injured" on Oct. 27 trying to stop the attack and retrieve her dogs. She says she suffered "multiple serious bite and scratch-type injuries" and accuses her neighbors of failing to securely confine and restrict their dog, Bailey.
White also contends she's feeling "conscious pain and suffering and now suffers also from fear, anxiety and trepidation."
Bailey's owner, Steve Baker, told The Galveston County Daily News ( http://bit.ly/1xrtxoU ) that everyone was telling him to sue White but that he didn't because it wouldn't bring Bailey back and the police declared her dogs dangerous.
FULL story at link.
Read more: http://apnews.excite.com/article/20141115/us-dog-attack-lawsuit-11c5c20666.html
When a man bites a dog that's news.
Hosts I wasn't sure about this being LBN, but has such a unique juxtaposition. I considered it good enough to try. I understand if it gets locked. I would move it to GD.
Orrex
(63,215 posts)Response to Omaha Steve (Original post)
Post removed
whistler162
(11,155 posts)to female dogs!
peacebird
(14,195 posts)Because our neighbor allows her dogs to roam onto our property and they have attacked me at my mailbox, and attacked my dog and I as we play on our property. I have been chased into my house by her three dogs the last time. They growl and charge with bared teeth. Animal control has talked to her. The next time they come on our land and threaten me and my dog, my husband will shoot them. Not the dogs fault, but the three dogs have become a pack and become vicious because the owner does not control them.
As a result my husband has to come with me when i run our dog, with his loaded gun. I am 5'4" and petite, those dogs ignore me when I yell at them.
We are animal lovers, but hubby loves me too much to let those dogs hurt me, or my beloved pup.
csziggy
(34,136 posts)Some neighbors had a pair of labradoodles that were completely untrained, unsocialized, that they let run free. They attacked my husband's twenty year old cat, my younger cat on my front porch and were aggressive towards me when I went out to defend the cats. I had to beat them off the older cat with a hoe - and the dogs were trying to come after me.
Animal Control was useless - they would not send out anyone to canvass the neighborhood to find out who owned the dogs. When I did locate and identify the owners, Animal Control would not send out anyone to even talk to them.
I got my .22 out of the safe and for the first time ever, kept it loaded and at hand. Then I let it be known around the neighborhood that any loose dogs on my property were likely to be shot - and for certain to be shot if they were aggressive to me or to my animals. The young man who helps me out on the farm helped spread the word and vouched for the fact that I had a gun AND knew how to use it.
I haven't seen those dogs since, though I still hear them barking. I guess the neighbors who swore their "sweet" dogs never, ever got out of their yard made damn sure their fence was in good repair - finally.
I am very pleased I didn't have to shoot those dogs - but if they had come after my cats or me again, I would have done it without hesitation.
bluestateguy
(44,173 posts)I guess Rick Perry and Greg Abbott's "tort reform" didn't take care of frivilous crap like this.
Demit
(11,238 posts)Lawyer-directed, I guess. I love the "scratch-type" injuries she says she suffered. I know it's Texas, but I hope she gets laughed out of court.
candelista
(1,986 posts)15 million lawsuits will be filed in 2011 across the U.S.
A new lawsuit every 2 seconds
One lawsuit for every 12 adults
21 U.S. states are facing a medical liability crisis
$248.1 billion = the cost to the U.S. tort system (personal injury) in 2009, or $808 per person
The cost per capita of tort related lawsuits has increased 800% between 1950 to 2009
There are over 1.2 million lawyers in the United States.
http://www.zerohedge.com/contributed/infographic-america-lawsuit-happy-nation
Midnight Writer
(21,768 posts)Although they seem to be having a problem finding a law firm that will press the case.
I thought Republicans were against frivolous lawsuits.
Oh well, I guess they can always fall back on Plan B: Frivolous impeachment.
hedgehog
(36,286 posts)The average liability premium is higher in states with damage caps than those without. With damages capped, insurance companies pay out less money towards awards, but they dont pass those savings along to doctors in the form of lower premiums. The strongest example of this is Texas, which passed a restrictive damages cap in 2003. Following the cap, the nations largest medical malpractice insurer GE Medical Protective told the Texas Insurance Commissioner that caps had a negligible impact on rates and announced a 19 percent increase in doctors premiums. In its filing, GE Medical Protective acknowledged that non-economic damages are a small percentage of losses paid. Capping non-economic damages will show loss savings of 1.0 percent. Even the president of the American Insurance Association has said that We have not promised price reductions with tort reform.
http://www.medmalfacts.com/facts-and-myths/
candelista
(1,986 posts)Nowhere.
rickford66
(5,524 posts)My neighbors had their dog under control in their own yard. A woman riding a horse followed by her dog, not on a leash, comes by. We have a leash law. The unleashed dog attacks the neighbors dog on the neighbors property and gets injured. The horse lady takes them to court and wins. Neighbor has to pay a fine. Go figure. I heard later that the lady on the horse has caused other problems and has been to town court. The family thinks they own the roads and tear around on their ATVs in Summer and snowmobiles in Winter and tear up the other neighbor's fields with their 4-wheel trucks.
NutmegYankee
(16,199 posts)rickford66
(5,524 posts)I couldn't believe they were fined. They had their dog under control and they get fined. They said that in the town court, the judge said, "Just pay the fine." I guess it was because of the injuries, but the woman on the horse was completely at fault. Some people do whatever they want without any consequences. I know my neighbors were really pissed, but figured they didn't have the resources to pursue it further and the fine may not have been very large. This is what happened. It's like a speeding ticket. A lot of guilty people pursue it with a lawyer and win. Most of us just pay the fine.
NutmegYankee
(16,199 posts)Everyone has to weigh the choice themselves, but refusing to pay the fine and forcing the town to take violent action is always a choice. At the end of the day, if the story made it onto national news, would the sheriff and town want that kind of publicity for such an injustice?
It's amazing what the sunshine and bleach of the 4th estate can accomplish.
McCamy Taylor
(19,240 posts)warrant46
(2,205 posts)Even in a small town the local rich ride roughshod over the rest.
When their delinquent kids get in trouble, they always get a pass. Like under age drinking speeding drugs DUIs etc.
Response to Omaha Steve (Original post)
herding cats This message was self-deleted by its author.
SunSeeker
(51,572 posts)1. Trespass
2. Negligent/intentional infliction of emotional distress
3. Property Damage
4. Malicious prosecution (after the idiot pit bull owner's suit gets thrown out).
Enrique
(27,461 posts)the state where Harry Whittington apologized to Dick Cheney.
father founding
(619 posts)People shouldn't let their dogs out when pit bulls are around.
lonestarnot
(77,097 posts)tabasco
(22,974 posts)lonestarnot
(77,097 posts)tabasco
(22,974 posts)it really doesn't matter.
herding cats
(19,565 posts)?resize=300%2C463
Steve and Tiffany Baker still have a hole in their backyard fence where a neighbor's pit bulls broke through into their yard killing their 10-year-old beagle, Bailey.
http://www.galvestondailynews.com/news/local_news/article_73eac108-6c8f-11e4-b3b0-f36b13c54b1b.html
Politicalboi
(15,189 posts)Leave a bowl of yummy food in their yard and load it up with laxatives so when the dogs go home they shit all over the place, hopefully inside the home.
tabasco
(22,974 posts)I hope the judge laughs out loud when he dismisses the suit.
I hope a countersuit leaves this asshole penniless.
librechik
(30,674 posts)happyslug
(14,779 posts)Dog Bites are covered under most people's home insurance policies. Thus if someone is sued, they turn it over to their home insurance agent who then works with the attorney for the plaintiff to work out how much to pay. This is true if the Plaintiff is the victim or as in this case the perpetrator. The home owner's home insurance attorneys will defend the home owner and work out a deal.
Insurance Companies do NOT want to go to court and thus will pay off such claims. They will go to court if the case has not claim, but often it is cheaper to settle then to go to court and get the experts hired to testify as to the value of the dog and the cost of the "damage".
As to the Insurance rates of the home owner, probably will have no affect. This is one of those things covered by Home Insurance and one of those things whose risks of occurring is well known.