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The day I became dog food

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Old 09-21-09, 11:55 PM
  #51  
z415
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Originally Posted by spikedog123
Wow. I must have struck a raw nerve. I'll ignore the insults and respond to the obvious.

1.) I believe you when you say that you did not want to go after the homeowner. But, I believe that was financial decision not a legal decision. If the homeowner was a wealthy landowner would your lawyer decide the not to pursue the dog owner? The fact was that there is more money with the insurance company.

2.) If anyone was at fault, it was the neglient but perhaps well meaning dog owner that let his dog loose. Clearly, you suffered injury and should have been compensated. The question is HOW MUCH IS JUST?

3.) Lawyers always get a fat paycheck. That's why they troll for victims to represent and extort cash through the legal system. At least doctors earn their keep in my opinion. They actually do good for mankind.

4.) While I believe you did not intend any harm to the homeowner unfortunately I believe the HOMEOWNER, may have become collateral damage. Certainly, they would have had to hire a lawyer. I don't know if they suffered deep financial hardship as a result. Many innocents have suffered greatly in the tort system.

5.) The homeowner did the right thing. They bandaged you. They comforted you. They called for help. They transported your bleeding self to medical help. They also installed a fence to prevent future occurences.

6.) You were harmed and deserved compensation. Again I ask.. was it worth it? I imagine a big judgement of which you certainly were entitled could have financially destroyed the homeowner. Apparently you are very defensive of this point. Do you care to know the truth? Is justice for your pain and suffering worth the pain and suffering you inflict upon someone else?


7.) These questions will probably tick you off again. No worries. If none of this applies, it matters not. The main thing is you are riding again and healthy. The world turns.
Seems to me you should pick the bone with the OP's lawyer.
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Old 09-22-09, 12:41 AM
  #52  
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Very informative post. Thanks for sharing the detail with us.

As a cyclist *and* a dog owner, it was very informative to me.
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Old 09-22-09, 02:34 AM
  #53  
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Originally Posted by Jason4516
There are few things to remember whenever you're injured by the actions of another person: that person is liable for your medical bills, lost wages and a reasonable amount for pain and suffering. That person and their insurance is also the only entity responsible for paying the bills resulting from the accident assuming this party is 100% liable. Also, the liable party, their insurance company and their lawyers will take whatever reasonable steps they can take to limit their losses which for them means settling with you and not involving personal injury lawyers. You and the people you hire on your behalf are the only people that will advocate for justice that is weighted in your favor. If you ever feel that justice isn't being served then by all means hire a good lawyer who can tip things back in your favor and place the financial burdens where they belong.
Well said.
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Old 09-22-09, 02:37 AM
  #54  
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Originally Posted by Jersh
I have an extra insurance card that I keep in my saddle bag at all times in case of an emergency. In fact I have a couple extra insurance cards, one for my saddle bag on my road bike and another that stays in my Camelbak for when I mountain bike.
That's a good idea. I have an old driver's license I keep on one bike for ID. I also have my phone number written on my helmet. I'll have to do something with an insurance card.
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Old 09-22-09, 02:40 AM
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Originally Posted by wunderkind
dang.... i should've not clicked on this thread and looked at the pictures and read the story. Now I am nervous going through an off-leashed park in my commute. Must go fast! Must go fast!
Ya know, I ride in the city (where the hospital is) and out here in the country. City dogs never even look at me, let alone chase me. I think that they are used to so many people around that it does not matter to them. The country dogs are the ones you gota' watch.

You're probably OK in the park.
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Old 09-22-09, 09:14 AM
  #56  
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Just a little more info for you. The time of quarantine for a biting dog is ten days.

The reason is that in most mammals and particularly dogs, Rabies is only contagious in the last ten days of the animals life. If the dog dies within ten days, whether from disease or accident, the dog's brain is immediately sent off for testing and the bite victim begins the series of shots you mentioned. The goal of the shots is to nullify the Rabies virus before it reaches the brain. The post-exposure rabies treatment is almost always successful. Once the virus infects the brain, death is unavoidable.

Thanks again for sharing your story and I'll reiterate that I think this should be a sticky.
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Old 09-22-09, 09:26 AM
  #57  
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Originally Posted by wunderkind
dang.... i should've not clicked on this thread and looked at the pictures and read the story. Now I am nervous going through an off-leashed park in my commute. Must go fast! Must go fast!
Don't be nervous, be smart. It is just a matter of time until you are chased by dogs in the off leash park. Prepare a humane defense. The best is a shrill boat horn, followed by water bottle squirt and shout. Pepper spray is inaccurate and difficult to deploy and simply not as effective from a speeding bicycle.


The PREY DRIVE is built into every dog's DNA. Once you trigger it, even with a well trained dog, it can be difficult to stop. You want to startle the dog momentarily as you escape. Kicking or abusing a dog may get you hurt and may not stall the attack. You are acting like struggling prey.

Don't be PREY. You are the superior beast. Act that way. Be smart.
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Old 09-22-09, 10:27 AM
  #58  
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Very interesting and informative, lots for this dog owner, and cyclist, to think about. Fortunately, I live at the end of a dead end, not lots of bicycle traffic passes by. The dog owner went above and beyond, IMHO. He could have left you there and called an ambulance, but he didn't.
Please post the name and location of the restaurant that fed you, they deserve to get some good will back.
Good to hear you are healing and the bike is ok.
Remember the old saying, "Chic's dig scars"
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Old 09-22-09, 10:31 AM
  #59  
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Originally Posted by spikedog123
Don't be nervous, be smart. It is just a matter of time until you are chased by dogs in the off leash park. Prepare a humane defense. The best is a shrill boat horn, followed by water bottle squirt and shout. Pepper spray is inaccurate and difficult to deploy and simply not as effective from a speeding bicycle.


The PREY DRIVE is built into every dog's DNA. Once you trigger it, even with a well trained dog, it can be difficult to stop. You want to startle the dog momentarily as you escape. Kicking or abusing a dog may get you hurt and may not stall the attack. You are acting like struggling prey.

Don't be PREY. You are the superior beast. Act that way. Be smart.
The prey drive in dog's may be strong but their pack drive is stronger. That's what you use as defense against them. I would never let a dog that I didn't know run next to me nor would I try to run away from any dog. Anytime a dog approaches, I stop and face them. The prey drive only works when the prey isn't going to stand and fight. Fighting takes energy and most predators won't expend the energy for that fight or the injuries that they could sustain. That's where the pack drive comes in.

A dog, being a pack animal, won't usually try to face down a pack leader. Act like one. Use your authority as a human to buffalo them. Understand that any dog that would challenge the leader of his pack, a human, isn't going to last long in that pack. We've spent thousands of years breeding out that capacity to challenge the leader in dogs and most dogs are going to submit to just about any human. If they don't they won't be around for long.

You are correct in say don't be prey. Just act like the alpha dog.
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Old 09-22-09, 11:00 AM
  #60  
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Originally Posted by Siu Blue Wind
You are very very fortunate that the owners were cooperative and sympathetic and did the best that they could to help you out. I give kudos to the driver that stopped for you too as well as the manager of the restaurant that helped you finally get some lunch. Although you had some difficulty, it's amazing how strangers will pull through isn't it?
Having been on the both sides of situations such as this...not a dog bite but my actions once injured another person and another's actions injured me...I have a perspective that most people don't. People, the population in general, are by and large caring and helpful. .

Most people have the same reaction as you, Siu Blue Wind, when in the aftermath of an accident. They think that most people are just the opposite. It takes a cold heartless bastard to walk past someone who is injured. Most people don't have that in them.

I've been hit by a car and people came out of the woodwork to help. They called an ambulance, offered aid (somewhat limited and I had to tell them what to do), called my wife, etc. The driver was devastated that he had hurt me. Even afterward his insurance agent was helpful and courteous. He even offered more money for damages than I was asking for. They paid my medical bills, my lost wages, bought me a new bike, and paid me cash for my pain. No lawyers were involved. I could have gotten more money with one but I didn't see the need nor have I ever felt cheated.

I also didn't understand the devastation that the driver felt until years later when I hit someone with my car. After I hit them I wanted to crawl into a hole and die. Every fiber of my being said to run away and I understand why people hit and run. But I also knew that I had responsibility for the person laying in the middle of the street fighting for their life. I did that. I was responsible. I can't take it back and I couldn't run away. Even today...now...the video in my head won't let me forget that feeling.

Lawyers were involves in the second case. I got sued. I don't blame the victim, I was at fault. I did need a lawyer to protect my assets and those of my family. I couldn't end up on the streets since that would do no one any good. In the end, we came to an equitable settlement that did nothing to erase my responsibility nor feeling of guilt and shame.

The homeowner in MikeR's case may not have been involved legally but he knows what happen, he feels responsible and he will have a nagging guilt most of the rest of his life. He's probably more horrified that his wonderful companion could have done that than any of us will ever be.
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Old 09-22-09, 11:32 AM
  #61  
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Originally Posted by MMACH 5
Just a little more info for you. The time of quarantine for a biting dog is ten days.

The reason is that in most mammals and particularly dogs, Rabies is only contagious in the last ten days of the animals life. If the dog dies within ten days, whether from disease or accident, the dog's brain is immediately sent off for testing and the bite victim begins the series of shots you mentioned. The goal of the shots is to nullify the Rabies virus before it reaches the brain. The post-exposure rabies treatment is almost always successful. Once the virus infects the brain, death is unavoidable.

Thanks again for sharing your story and I'll reiterate that I think this should be a sticky.
Not correct. I happen to know because my youngest was bitten by a rabid cat.

"The course of rabies in animals can take two forms, "furious" rabies or "dumb" rabies. After being exposed to and infected by rabies, symptoms may not become visible for three weeks to four months. During this period of time, the infection is a virus which then become contagious to others. The last ten days of a rabid animal’s life is when the disease can most likely infect other animals. The first visible symptoms of "furious" rabies is that of a personality change. The animal then runs amuck attacking and biting every living thing it comes in contact with. Extreme thirst occurs but spasms in the larynx prohibit the animal to swallow fluids. Foaming of the mouth can occur. Convulsions begin and death occurs. In "dumb" rabies, the virus attacks the muscles of the jaw and larynx in the early stages, thus paralyzing the animal’s ability to swallow which causes foaming of the mouth. Unable to control facial movements, the animal appears "dumb". Death occurs quietly. "

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Old 09-22-09, 12:02 PM
  #62  
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Originally Posted by CCrew
Not correct. I happen to know because my youngest was bitten by a rabid cat.

"The course of rabies in animals can take two forms, "furious" rabies or "dumb" rabies. After being exposed to and infected by rabies, symptoms may not become visible for three weeks to four months. During this period of time, the infection is a virus which then become contagious to others. The last ten days of a rabid animal’s life is when the disease can most likely infect other animals. The first visible symptoms of "furious" rabies is that of a personality change. The animal then runs amuck attacking and biting every living thing it comes in contact with. Extreme thirst occurs but spasms in the larynx prohibit the animal to swallow fluids. Foaming of the mouth can occur. Convulsions begin and death occurs. In "dumb" rabies, the virus attacks the muscles of the jaw and larynx in the early stages, thus paralyzing the animal’s ability to swallow which causes foaming of the mouth. Unable to control facial movements, the animal appears "dumb". Death occurs quietly. "
Just going by what I was taught. This site seems to concur:
"The rabies incubation period is the length of time between infection with the rabies virus and the onset of symptoms. While the incubation period for rabies may vary from a few days to several years, it usually lasts one to three months. During the rabies incubation period, a bite from the infected animal does not carry a risk of rabies because the virus is not yet in the saliva."

https://rabies.emedtv.com/rabies/rabi...on-period.html
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Old 09-22-09, 12:35 PM
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From our experience there's no "textbook" consensus. Local health dept quarantined the cat, saying they would hold 10 days (feral cat with no owner) yet advised the ER to start treatment immediately. HD destroyed and tested the animal 4 days into quarantine, because they were concerned that due to my daughters size (she was 4yo) they may not have the window for incubation that they had for an adult.

And while your link is informative, it also doesn't support your 10 day statement.

Also, the shots aren't the painful experience all are led to believe, the newer treatments are much less invasive.
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Old 09-22-09, 12:56 PM
  #64  
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Originally Posted by MikeR
I didn't loose any money in this. I know that the wound looks bad but the settlements that are really large are kids, especially if they are bit in the face. Those tilt the average up a lot.
Mike, again thank you for sharing. I'm glad you are satisfied. You've lead me to rethink my dealing with dogs.
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Old 09-22-09, 02:03 PM
  #65  
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Originally Posted by CCrew
From our experience there's no "textbook" consensus. Local health dept quarantined the cat, saying they would hold 10 days (feral cat with no owner) yet advised the ER to start treatment immediately. HD destroyed and tested the animal 4 days into quarantine, because they were concerned that due to my daughters size (she was 4yo) they may not have the window for incubation that they had for an adult.

And while your link is informative, it also doesn't support your 10 day statement.

Also, the shots aren't the painful experience all are led to believe, the newer treatments are much less invasive.
It sounds like your local health department decided to err on the side of caution. If it was my child, I'd probably push for that anyway.

"The purpose of the ten day period is to determine if rabies virus could have been in the animal's saliva at the time of the bite. An animal infected with rabies and shedding virus will certainly be dead within ten days."

Northside Veterinary Hospital
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Old 09-22-09, 04:33 PM
  #66  
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Originally Posted by spikedog123
Pepper spray is inaccurate and difficult to deploy and simply not as effective from a speeding bicycle.:
I agree mostly. My can of Halt is for uphill climbs - I'm a clyde. But I disagree a little about pepper spray being inaccurate. Halt shoots out like silly string. My only complaint is it's only good at pretty close range.

I have tried other pepper spray and it sprays out all over. It was also MUCH stronger. I got a tinny sniff and did not like it one bit.
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Old 09-28-09, 07:57 AM
  #67  
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Originally Posted by MikeR
The Insurance Company

The dog owner reported the incident to his insurance company, and gave me the insurance info. I found out later that he also told the insurance claim rep that the incident was totally their fault. The rep made an appointment to see us in our home 2 days after the bite.

Meanwhile I did a little dog bite research on the internet. It told me that I have a right to medical expenses, lost wages and 'pain and suffering' compensation. The 'pain and suffering' is usually figured to be about the same amount as the medical expenses. And finally that the average dog bite settlement is $25,000. That sounded more than reasonable to me. I wanted a just settlement from the insurance company and did not want to financially harm the owner. With this knowledge I thought I was ready to deal with the claims rep. I was wrong.

The rep came in, all sympathetic and caring. She got my permission to tape record my story and proceeded to ask me all about the bite - in great detail. I told her all I could think of and gave her a photo of the wound. After she turned off the recorder, she asked me to sign a HIPPA release so that they could get my medical records.

Then she got to the big question "Mike, what do you think you should get from this?" I said that all I wanted was Medical expenses, lost wages and a reasonable amount for pain and suffering. Lost wages was no problem. She said that 'pain and suffering' could be "discussed later" after the wound is healed.

Then she hit me with a sledgehammer. "The owner’s insurance policy only covers $1,000 for medical. That's standard homeowner coverage. They're all like that. I want to make sure that you don't have any out-of-pocket medical expenses so here's what we should do. Let your health insurance pick up the main bill and we will pay the deductibles and co-pays. That way it won't cost you anything" She said with a concerned smile.

She was telling you the truth.

I was dizzy. First the dog attack now the insurance attack. I couldn't believe what I was hearing and what I was facing - the possibility of this being a financial burden to me. I know that the medical bills would cost many thousands, and my health insurance would not be willing to pay - and rightfully so. I didn't say much to her except "OK". I knew that any more talking was useless. I was out gunned. She had all the knowledge and I had little or none.

After she left I pulled out my homeowner’s policy. Since she had said that "All the policies are like that" I decided to see for myself. My policy stated that for us, medical liability was $100,000 ! Time to get help.

I never had any dealing with lawyers. All that I knew was the serotype prejudice of the fast talking blood sucker. I didn't want a legal war and I didn't want to financially attack the dog owner, but the insurance company was giving me a screwing and I didn't like it. I determined to see a personal injury lawyer and hope for the best.

I handled claims for many years and what follows is not being critical of you. I am just adding facts. Everyone should review their coverage with their agent and be sure it is adequate for your present circumstances. All lawyers are not 'bad' nor is it always necessary to utilize one. You can, at any time,
sever negotiations with the insurer if you feel you are not being treated fairly and hire an attorney. If you are not sure you fully understand what the insurance rep is telling you...ask for an explanation. I always made sure the claimant understood this. You will end up with more money if you do not need an attorney. I have actually told claimants to get a lawyer...they were so freakin' abusive and unreasonable that I would rather deal with a knowledgeable attorney than an idiot.

If you get bit, have an accident etc. take pictures...lots of pictures. If you are not unconscious etc. Document the facts of the accident. No one is in a better position to do so than you. This is very important. I always carry a small camera in a bag or have a cell phone with a camera.

Recorded statement taken by the claim rep: The insurer needs the facts of the incident to document the file. Most lawyers tell you not to do this but a statement is usually taken later in the attys. office unless you lie, the facts are just the facts.

Check your state laws regarding animal liability. In Florida the liability is 'strict'...the owner is on the hook. However, most insurance policies here now exclude animal liability. If there is no insurance coverage, 99% of the lawyers will not take the case. You can only go after the dog owner...good luck with that.
As a cyclist, I am not going to let a dog get near me...period.

The homeowners policy had $1000 medical payments coverage that is basically for non-residents of the household, guests etc. This is a 'no-fault' coverage for accidents etc. There is additional amount of coverage for damages that you become 'legally liable' for. It is not, as you stated medical liability, it is general liability. This amount can be changed by paying additional premium, and many people also carry an umbrella policy...usually $1,000,000.00.

She said that 'pain and suffering' could be "discussed later" after the wound is healed.

This is logical. A 'good faith' settlement cannot be determined until after the wound heals and all damages can be evaluated. There may also be scarring or physical impairment. Be wary of early settlement offers. The insurance company needs to know what your medical bills are to make a fair offer. Common sense.
Never settle until you are fully recovered.

In a case of clear liability a lawyer may only write a few letters and collect 33% from your settlement. This may sound strange but a bite like yours has settlement value range. You can easily obtain this information.

I hope this helps some of you.


Those of you that have dogs at home be watchful if guests with small children are visiting. Small kids can pull the dog's tail. etc, and provoke a bite.

Last edited by FloridaBoy; 09-28-09 at 08:17 AM.
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Old 09-29-09, 11:00 AM
  #68  
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I don't think you were critical of me. I started off prety ignorant of the facts and learned by experience. I now know more and I must say - your post was spot on with my experience.

Thanks for your advice.
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Old 10-23-09, 04:39 PM
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Originally Posted by Servo888
I carry pepper spray too. There are a few who oppose spraying dogs; but the effect wears off after 15 minutes.
I bet they're alot more okay with spraying them than with shooting them...which, to me, would be the alternative. If my life/safety is in danger from that dog, I'm stopping it one way or another.
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Old 10-23-09, 06:32 PM
  #70  
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A neighbor's dog and I crashed in August of 2008. Similar legal story. Now, I ALWAYS carry Halt.

The local sheriff twice refused to file a report because no motor vehicle was involved.
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Old 10-23-09, 09:26 PM
  #71  
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Originally Posted by Grillparzer
I am completely horrified. I don't know whether to ride my bike again or never, ever pet my dog.
I have chills from this horrific tale.
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Old 10-25-09, 08:43 PM
  #72  
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Originally Posted by spikedog123
2.) If anyone was at fault, it was the neglient but perhaps well meaning dog owner that let his dog loose. Clearly, you suffered injury and should have been compensated. The question is HOW MUCH IS JUST?

5.) The homeowner did the right thing. They bandaged you. They comforted you. They called for help. They transported your bleeding self to medical help. They also installed a fence to prevent future occurences.

6.) You were harmed and deserved compensation. Again I ask.. was it worth it? I imagine a big judgement of which you certainly were entitled could have financially destroyed the homeowner. Apparently you are very defensive of this point. Do you care to know the truth? Is justice for your pain and suffering worth the pain and suffering you inflict upon someone else?
2 & 5: By being a dog owner, it comes with responsibility. Why is it that because the dog owner put a fence up AFTER the fact, he is doing the right thing? I know things can happen in the blink of an eye (dog getting out or loose), but it still falls on the dog owner.

Do you, and everyone for that matter, realize that even if your dog is ON YOUR PROPERTY, and it bites someone who has the right to be on your property at that time, you are still liable? Mail person, Utility Co. employee, paperboy, etc.

6: Again, the owner is the one who by bringing the dog home, took that responsibility and chance that if something were to happen, the chance of financial ruin was a posibility. I know that in this day and age, it seems a lot of people are sue happy, but it is the times like when someone breaks into YOUR house and cuts themselves on the knife laying on the counter when they crawled through the window and injured themselves that is out of control!

Deciding what is an "Acceptable Amount" in a lawsuit is always something that can be argued till the end of time. We can listen or read about incidents like this, and it will never be agreed as to whether or not the said amount is justified. Some will say not enough, others will say too much, and a few will say it is in the ball park.

I have been nipped now a couple times while working, and it has made me think twice when I hear a dog barking or running around the corner of a house while I am on the property. I can only imagine what goes through your mind when you hear a bark now! I am glad to see that you are healing up well!

Any and all dog encounters should be reported when a dog leaves their proprty and shows aggression.

Chris
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Old 10-26-09, 07:52 AM
  #73  
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Originally Posted by green814
Deciding what is an "Acceptable Amount" in a lawsuit is always something that can be argued till the end of time. We can listen or read about incidents like this, and it will never be agreed as to whether or not the said amount is justified. Some will say not enough, others will say too much, and a few will say it is in the ball park.

Any and all dog encounters should be reported when a dog leaves their proprty and shows aggression.

Chris
I am sorry about your negative encounters. Weenies* that seek "FAIRNESS and JUSTICE" for all their pain and suffering in their lives will NEVER be satisfied. They are exploited by personal injury attorneys who destroy people for a living.

My question was HOW MUCH was just? A dog bite for and you get own SOMEONES HOUSE? Wounds will heal, but destroying someone's life is UNCONCIONABLE. If you don't believe me, wait until you are crushed under the wheels of "JUSTICE".

How about this novel thought? Everybody grow up. Own up to their responsiblities. Dust themselves off and get on with LIFE!


*I am not referring to the OP but many litigants in general
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Old 10-26-09, 08:28 AM
  #74  
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Originally Posted by spikedog123
I am sorry about your negative encounters. Weenies* that seek "FAIRNESS and JUSTICE" for all their pain and suffering in their lives will NEVER be satisfied. They are exploited by personal injury attorneys who destroy people for a living.

My question was HOW MUCH was just? A dog bite for and you get own SOMEONES HOUSE? Wounds will heal, but destroying someone's life is UNCONCIONABLE. If you don't believe me, wait until you are crushed under the wheels of "JUSTICE".

How about this novel thought? Everybody grow up. Own up to their responsiblities. Dust themselves off and get on with LIFE!


*I am not referring to the OP but many litigants in general
Here's another novel thought. How about home owners and dog owners not be negligent? Problem solved.

How many homeowners don't have insurance? Since a bank won't issue a mortgage without it, I'm guessing most people would not be wiped out by this sort of thing.
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Old 10-27-09, 06:01 PM
  #75  
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Originally Posted by MMACH 5
Here's another novel thought. How about home owners and dog owners not be negligent? Problem solved.

How many homeowners don't have insurance? Since a bank won't issue a mortgage without it, I'm guessing most people would not be wiped out by this sort of thing.
Oh I see your logic. If the INSURANCE company pays then its FREE MONEY with no moral component. Sign me up for the LEGAL LOTTERY where losers can be winners and lawyers can too. YIPEE!!!! I want millions!


WWJWD (What would John Wayne do?) my fellow Longhorn?

Last edited by spikedog123; 10-27-09 at 06:04 PM.
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