- Blog
- Bios
- Boards
- Classifieds
- DIY
- Gallery
- Vendor Reviews
- Shop Weddingbee
Weddingbee boards
Now that we know who owns th pit bull that attacked Pennie, we want to try and work it out first and save small claims as a last resort. My plan is to drop the letter off with the manager at his complex so she can give it to him. What do you think of this? What should I add? Any lawyer bees have advice? Thanks!
Dear Mr. Shaw,
It has come to my attention that it was your Pit Bull that attacked my dog on a late walk with our friend the morning of 3-16-2010 at about one a.m. The damage Pennie took from the encounter is severe. She was taken to DoveLewis as soon as possible. After surgery, she has ten plus stitches and a drainage tube on her back left leg. She is restricted to our tiny bathroom for at least ten days while she is recovering and cannot go for walks outside. Given the circumstances we are hoping you would be able to cover the vet expenses?
Thank you,
His Barista
It sounds good - I would have it delivered by certified mail. That way if you have to go to court, you can prove you tried to resolve it peacefully first.
Okay. I don't have his address, or I would. = ( I don't think their manager can give it to me legally.
I would make the tone a little more strong. I would also add:
"We are hoping to keep this out of court, and are asking that you cover the vet fees incured from the damage your dog did. However, we are ready and able to take you to small claims if necessary."
It would probably be better to detail exactly the injuries that occurred and have your friends explain exactly what happened, detail for detail, in the letter. You want to give him as little wiggle room as possible to say it wasn't his dog.
Finally, instead of dropping it off at the managers apartment I would send it certified to the managers apartment (or his) building. It is slightly more expensive but it makes it official and if you have to take him to court then you have an official document you can take with you.
Hope that helps!
I like it, and like PP said, sending it through certified mail and probably a better option. And because I'm such a grammar nazi, the question mark at the end should be a period. :) You aren't asking him to pay; you're saying that you hope he will. Good luck! Glad your pup is going to be okay!
I'm not a lawyer, but I would change the last sentence. You aren't asking him for a favor. He has caused you a considerable cost and you need to inform him that he is responsible for making this right. So instead of "Given the circumstances we are hoping you would be able to cover the vet expenses?" I would say "The vet bills came to a total of $xxxx. Since it was your dog who injured our dog, we will need you to cover the vet expenses. Please contact me at (###) ###-#### to arrange payment."
I also might change the first sentence so instead of saying that you found out it was his dog, you simply state that it was his dog. Remove any uncertainty from your language so he will be less inclined to claim it wasn't. So instead, you could say "Dear Mr. Shaw, On Tuesday morning, 3-16-10, at 1 am, our dog who we took out on a late walk, was attacked by your pit bull."
I agree with greenleafmountain's changes. You want to sound completely sure about the claims you are making. I would be more demanding with him. You could probably get his dog taken away from him because it sounds like it is dangerous to be around other pets.
Is this better?
Dear Mr. Shaw,
On Tuesday morning, 3-16-10, at 1 am, our dog who our friend took out on a late walk, was attacked by your pit bull, Zeus. The damage Pennie took from the encounter is severe. She was taken to DoveLewis as soon as possible. After surgery, she has ten plus stitches and a drainage tube on her back left leg. She is restricted to our tiny bathroom for at least ten days while she is recovering and cannot go for walks outside. The vet bills came to a total of $657.67 and we have to take her in again on 3-18-10 to have the drainage tube removed. Since it was Zeus that injured Pennie and we would like to settle this out of court, we will need you to cover the vet expenses. Please contact me at (###) ###-#### to arrange payment.
Thank you,
HB
Apparently he "was" on a leash but the dog ripped out of his owner's grasp when he saw Pennie and went straight for her.
It doesn't matter that his dog was on a leash. He still owes you the vet bills because the dog is his property and is the one that did damage to your dog. Plus, if he can't control his own dog he shouldn't be outside walking it.
i think that last letter sounds better. im so sorry for what happen to your doggy, i hope the situation can get resolve
Still I think that dog is violent and may be a threat to society because it attacked another dog for no reason. That doesn't give him an excuse at all.
Sounds good to me. I'm worried that no matter how you word it, this will probably be a battle since the guy didn't stay when it happened and offer to help.
@Babyboo-That's what I think. That's what a second witness saw. I wasn't there, so I don't know. Just our friend, who will be writing down everything that happend, as well as the girl who witnessed it and another that heard it.
I think that sounds great. And being that either the owner or someone else who the owner trusted with the dog saw him attack your dog, you have a better chance of getting the money without going to court. They know that they are responsible, and hopefully they'll step up and make it right.
Poor doggie, I hope she recovers as quickly as possible. Good luck, and let us know what happens!
Was he the person walking the dog? Otherwise I'm sure he is the one you would be suing, especially if it was leashed and he was not the one that lost control of the dog.
I have NO legal expertise, so I'm just wondering outloud.
@MissAsB- I think we'll have to go to court no matter what. I have a lot of people that live in the complex who are friends and they say he is mean. = (
I think it sounds good! Be sure to keep us updated on what happens!!!
The owner of the pit bull was walking the dog. Pennie was with our Friend D because we were out of state. A friend of mine has a window facing that street and told her roommate (who I am closer to) that heard it as well what she saw. So there are people who can testify (?). Also, D's roommate was the one who had to look up the ERV info since D hates looking at blood.
It's good that you have other witnesses of what happened in case things go badly.
Ahh I see. Sorry about what happened to your dog, glad she survived and is recovering though.
Irresponsible pit owners really make me angry. If you can't/don't control your dog, you shouldn't have one, much less a pit. It ruins everything for other pit bull owners. Sending your pup healing thoughts!
i know in some places when a dog bites another dog/or a person, it needs to be reported. if you think the dog is dangerous (and if it attacked yours unprovoked, it probably is) you might want to contact the local animal control and see what they recommend (ie if it needs to be reported in your city or not.) just a thought.
i really hope this guy pays your vet bill and you don't have to go to court! lots of warm thoughts and wishes for miss pennie! i hope she starts feeling better soon and heals quickly!
I just made a few small changes :)
Dear Mr. Shaw,
On Tuesday morning, 3-16-10, at 1 am, our dog Pennie was attacked by your pit bull, Zeus. The damage Pennie received from the encounter is severe. She was taken to DoveLewis as soon as possible and was required to have surgery. Now, after surgery, she has ten plus stitches and a drainage tube on her back left leg. She is restricted to our tiny bathroom for at least ten days while she is recovering and cannot go for walks outside. The vet bills came to a total of $657.67 and that is not including the price of our next visit on 3-18-10 to have the drainage tube removed. Since it was Zeus that injured Pennie we will need you to cover the vet expenses. If at all possible we would like to settle this out of court, but we are ready and able to take you to small claims if necessary. Please contact me at (###) ###-#### to arrange payment.
Thank you,
HB
I agree that the second letter voices your situation and how you want to proceed and resolve the situation. I agree that it sounds like you will probably have to go to court, and that stinks but your letter is very professional and civil and the best way to get the ball rolling.
Here is a link I found about laws with dog leashes that may be helpful :)
http://www.washington-lawyers.net/lawyer-attorney-1323207.html
@sulli-thanks. We are still in Portland for now, so I hope those count!
@Bella-thanks! I like that a lot better!
@duck-We did report it to Animal control and we have talked with his apartment manager as well.
I think the letter with the revisions definitely sounds better. Also, I would suggest (if you haven't already) that you take pictures of your dog's injuries and include them with the letter.
I think the best way to get the letter delivered is to contact animal control in your area and explain what happened. They should be able to follow up on your complaint and help you recover restitution from your neighbor. Hopefully they will slap him with a fine large enough to "encourage" him to keep a better hold of his animal.
uuuugh I hate situations like this! I really hope that the guy settles this OUTSIDE of court, because can't the court order him to put the dog to sleep if it is viewed as a danger and uncontrollable? I hate that... the dog just needs help, not to be killed so hopefully this won't go down that road.
However, you are absolutely right about everything. If he is smart at all he'll just pay it because no judge will let him off on that. I hope your puppy is doing well today - poor little thing :( Bella's revision of the letter was good!
I do have pictures on file! Thanks, JamaicaBride! I have better (camera) copies of the ones on my other post.
The second letter is much better!
Since you have two witnesses and the evidence (vet bills, photos, etc), go to the police station and file a report! The more you have in writing the better. Some vets are willing to write a statement that, to the best of their knowledge, the injuries are consistent with attack wounds from a large dog, etc.
Also, call your local animal control. Most cities have ordinances that require dogs who bit others to be quarantined for a while or evaluated by a behaviorist, especially if the attack was particulary violent or viscous.
If you have to take him to small claims, every bit of evidence can help. Take lots of pictures of your dog's injuries and get a copy of her medical record.
This guy sounds like a complete a$$. Of course he should pay up (and don't let him off the hook!) but he also needs some pressure from police or animal control investigating. It is so wrong for him to see his dog attack yours and just leave! The dog is also a threat, who knows what might tempt him next? It's not the dogs fault as he was likely made mean by a mean owner, but that doesn't reduce the danger.
I hope your girl recovers quickly and completely!
This is all so new to me! You never plan on dealing with this! So I should also file a police report even though I have talked with animal control? Will they have me do small claims at the same time?
I think your second letter sounds great. I hope you can settle this out of court!
If this is your first attempt at communication with them, I would NOT make a statement about taking them to court at this point. I am an attorney, and I highly recommend being as amicable as possible in this letter. I think your first version is better, but instead of ending your letter with "we are hoping", I would say "Given the circumstances, we believe it is appropriate for you to pay the vet expenses". Give them your contact information and see how it goes from there. I would not start giving threats of taking them to court until you see how this first attempt at communication pans out.
You'll have to file for small claims at the court house. Here's a resource for Oregon: http://www.osbar.org/public/pamphlets/smallclaims.html Keep in mind you'll have to sign an affidavit stating you have already tried to collect the amount due and may have to prove it, in which case a certified letter is great evidence.
A police report is a completely separate matter. You are basically filing to put something on record and for destruction of private property (which pets are considered to be). If any other person's dog is attacked the police will then have record that it happened before. Also, should the dog ever attack a person it would help them prove the owner knew the dog was dangerous.
I'm so sorry this happened & that you're dealing with this!! Poor Pennie!
I'd kill him with kindness in the first letter. Don't threaten him... yet. He'll probably just ignore your letters if you threaten to take him to court. I think its important that you find a mailing address though. Have you asked the apartment manager for his address?
If he doesn't respond, you definitely need to follow through & bring him to court (I think Bella's version is the best). If this dog attacked your child, the dog would have been euthanized & the owner would be charged. He is responsible for the injuries your dog sustained!
Awesome! thanks! We'll do that in the morning before her vet appt.
eta: I took out the court part, and will add it in later since I know he'll try to ignore it. = (
Typically animal control issues are handled by animal control, and possibly your municipality's by-law officers, not so much the police.
I was going to fix the same thing that I got fixed above:
"On Tuesday morning, 3-16-10, at 1 am, our dog who our friend took out on a late walk, was attacked by your pit bull, Zeus."
to:
On Tuesday, 10-03-16 at 1am, our friend was taking our dog on a walk, when it was attacked by your pit bull, Zeus.
I'm so sorry this happen to your dog!
I really like Bella's alteration to your second letter. And I agree that you should send it by certified mail because they guy can very well just throw it in the garbage. Do you know his name?
Maybe you can send it to
Dog Owner
c/o Building Super Name
Apartment Building Address
City, State
OR I would spend the money and employ a local business delivery company to hand deliver it to get a signature that it was received.
We do know his name. Apparently FI wants to talk to him before we send an official letter. I had thought of sending the letter c/o the apt manager. But we'll wait for that now. Hope this works out!
The bees have given some really good advice, but I would also suggest making a copy of the letter. I really hope this works out for you! Do try the killing with kindness let the harsh stuff come toward the end. Make sure you have evidence of trying to contact him.
Good luck!! we're still praying Pennie gets a quick recovery!
I would definitly want a copy of the letter in case he "lost" it!
You must log in to post.
| Visit our sister sites | eHarmony Online Dating |
eHarmony Advice Dating Advice |
Project Wedding Wedding Songs |
JustMommies Pregnancy Calendar |
Create the honeymoon of your dreams.
