Small Claims Court questions: Dog Attack

So this happened a while back, bit of frat but try and keep it as short as possible with including important info..
My dog started having problems with his leg, noticed a small limp on 2 occasions(most was mild limp for about 1 hour) so of course I took him to the vet. They told me it was mild and just to get him more rest and nothing crazy for a while(no running loose, no playing with dogs, less stairs, no high jumps, etc.
So I was doing so for a while(1 month) and everything was going great. No limps, everything normal..
Until, One day I'm walking him on leash through a public school field. I notice a unleashed dog in the corner(approx 75 yards) Put my head down, look back up notice another unleashed dog straight ahead, the 2 owners as well in the area. I just went about my business, keeping calm, when the dogs are up on me and my dog.
All of a sudden the bigger dog(GSD) snaps at my dog and starts a fight(not playing at all) and the other dog jumps in!! My dog basically just tries to defend itself and when doing so in the scrum my dogs leash snaps loose/off(at this point im shitting myself because i dont want him stressing the leg still, and of course not fighting/being attacked by 2 dogs)
I hear the one girl yell hit him!! meaning hit her dog to break it up.. I was going to anyway, so I did(with the leash of my dog in hand) So then once its over is when I look at my dog and he has 0 weight on his leg.. Like I have never seen b4. He couldnt walk and we had to lay in the park until I could get him to walk to the car.
And to the vet, and specialist where it was determined he now had a acl tear. Surgery and all bills added up to about 4000$

Lady only said she wanted to pay 500, and i didnt agree. I said i think shes 100% responsible because this wasnt a leash free zone and they caused my dogs leg to need surgery. I was honest with her right after and said it was previously hurt but was doing great, she looks at this as a way out.

What do you think, should I take her for 4000 in court?


i think important to note, before the attack my dog didnt have a Drawrer sign in his leg.. and after he did..

and thats the test to see if the dog has a torn ACL


and also the guy who did surgery said he would give me a write up on what he thinks happened, and my vet also agreed with my when we talked about it...

Yes - and if he has an act tear, he'll likely tear the other. Happens often and did to my chocolate lab. Been a lifelong injury and I've spent over 6-7k on 2 surgeries.

You better take that bitch and get paid for his bills cause he will have a tough time. I fuckin hate irresponsible owners who don't take care of their animals Phone Post 3.0

Small claims, is this worth your time?

Only you can answer that Phone Post 3.0

you will have to pay for this cost before the court day won't you? then even if you win you might not ever see the money. it is fucked up and it sounds like she was at fault but it really might not be worth the stress and drama dealing with courts


yes

i already got him the surgery

so far so good

was waiting until i was confident it was healed b4 i took her to court


and yes

it is added stress for life

worrying about the other leg..

sucks but with new surgeries it seems its about 80% recover to almost normal

Her dog was solely responsible for the injury and she should have to pay for the damages. Your dog was walking fine and her unleashed dog (probably illegal) attacked your dog. It is on her.


the only thing i worried about was the previous injury

but its obvious this is what caused it to go from in recovery to full blown needed surgery


i might contact her 1 more time b4 i do court just to see if she will settle

cause court does seem like a pain in the ass but no way im taking 500

I think one huge problem for you is that your dog's leash came off.
At this point you no longer had control of your dog.
It would be impossible to prove when the injury occurred to your dog in this incident and what makes matters worse is that your dog had issues with the leg before hand.
I don't think it matters so much which dog started what since at the end of the day your dog was off leash and you did not have control.

Sorry for your luck.
My dog just barked at a lady and scared he so bad that she fell back and hurt her wrist.
Even though he never got closers than 4 feet this was still considered a dog attack.
I was sued and luckily for me my old home insurance policy covered it all.

Owing a dog is a huge liability.
Everything is your fault if anything happens. Phone Post 3.0

Joindatedoesnotmatter - I think one huge problem for you is that your dog's leash came off.
At this point you no longer had control of your dog.
It would be impossible to prove when the injury occurred to your dog in this incident and what makes matters worse is that your dog had issues with the leg before hand.
I don't think it matters so much which dog started what since at the end of the day your dog was off leash and you did not have control.

Sorry for your luck.
My dog just barked at a lady and scared he so bad that she fell back and hurt her wrist.
Even though he never got closers than 4 feet this was still considered a dog attack.
I was sued and luckily for me my old home insurance policy covered it all.

Owing a dog is a huge liability.
Everything is your fault if anything happens. Phone Post 3.0


i 100 percent disagree


why.. because why was my dog off leash to begin with.. um, because her dogs attacked mine....


do you get that part..




my dogs leash came off in the struggle when the dogs attacked

First and foremost I am an animal lover. So take this in the best way possible.
It's a dog. You chose to have his leg fixed because of an injury that may or may not have been the result of a fight with another dog. That was a choice that you made.
There was no intent to injure by another person, just dogs being dogs. I could be wrong but I equate it to suing my neighbour for vet bills because his dog impregnated my dog (my dog is due in 14 days). To me it's the cost of being a good pet owner. Phone Post 3.0

sourandmouldy - First and foremost I am an animal lover. So take this in the best way possible.
It's a dog. You chose to have his leg fixed because of an injury that may or may not have been the result of a fight with another dog. That was a choice that you made.
There was no intent to injure by another person, just dogs being dogs. I could be wrong but I equate it to suing my neighbour for vet bills because his dog impregnated my dog (my dog is due in 14 days). To me it's the cost of being a good pet owner. Phone Post 3.0


But take the law into consideration here

and why should i be out 4000 and deal with potential other problems because 1 stupid owner let her unleashed uncontrolled dog attack mine?

she should get away free, just like that?

not in my world

i wasnt doing anything wrong


it wasnt a dog park, its a clearly marked area that says keep dogs leashed


i would understand if i took him to a dog park..

but that would have been stupid with him recovering, but i get that it would b my fault if that was the case..


all i know is i aint in usa, in canada..

but i see dog cases on tv and always the owner breakig the law is responsible

always

so im pretty confident id at the very least get half, but im expecting all

especially with my evidence

Is it possible to paint the story any other way? You seem highly resistant to the idea that you bear any responsibility in this. That can be a problem in front of the judge.

Small claims is not even remotely stressful as long as you are dispassionate & not full of shit.

BarkLikeADog - Is it possible to paint the story any other way? You seem highly resistant to the idea that you bear any responsibility in this. That can be a problem in front of the judge.

Small claims is not even remotely stressful as long as you are dispassionate & not full of shit.


please tell me one way im responsible?


i told the story the way it happened

why you so butt hurt?

you a irresponsible dog owner?

Daverr -
Joindatedoesnotmatter - I think one huge problem for you is that your dog's leash came off.
At this point you no longer had control of your dog.
It would be impossible to prove when the injury occurred to your dog in this incident and what makes matters worse is that your dog had issues with the leg before hand.
I don't think it matters so much which dog started what since at the end of the day your dog was off leash and you did not have control.

Sorry for your luck.
My dog just barked at a lady and scared he so bad that she fell back and hurt her wrist.
Even though he never got closers than 4 feet this was still considered a dog attack.
I was sued and luckily for me my old home insurance policy covered it all.

Owing a dog is a huge liability.
Everything is your fault if anything happens. Phone Post 3.0


i 100 percent disagree


why.. because why was my dog off leash to begin with.. um, because her dogs attacked mine....


do you get that part..
I understood your story.
The events are pretty straight forwards but imagine how this will sound in a small claims court. It is basically going to be a he said she said situation.

You may feel like the victim here and it sounds like you are but in court it will sound like some unleashed dogs got in a tussle.
If you dog was not bitten or mauled then how do you prove that the leg injury was the other owners fault when your dog got off his leash too?

I live in Ontario and have taken 4 different clients to small claims court over the years.
You really need to have a string case or else you are just spinning your wheels.

Good luck, hope your dog is fine from here on in. Phone Post 3.0