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THIS IS MY SECOND POSTING BECAUSE I NEED SOME LEGAL ADVICE............

This huge 135 lbs+ Pitt bull jumped in to my girlfriends swimming pool in the backyard and could not get out of the pool and she went to the neighbors but no one home than she called 911 and they took 15 min to arrive because it was only a dog ... so she got worried that the dog would drown so she tried to pull the big dog out and it bit her on her face so she stop trying to save it and hoped that they would arrive soon... the dog all most died and still might die the vet said anyway the owners are charging her with animal cruelty ......And my girl has 11 stitches.....Can they actually do this?

2006-12-18 12:29:45 · 17 answers · asked by Tiffany 2 in Politics & Government Law & Ethics

17 answers

tell her to take pics of her stitches. get the police report. and tell her to counter sue them. if the dog would of been on a leash it would not be in the situation it's in. i say good riddance to the animal. once a dog taste blood it should be put down. next time tell her to let the mutt drown and them dump it somewhere.

2006-12-18 13:03:40 · answer #1 · answered by loretta 4 · 0 0

Firstly the dog is obviously dangerous and a threat so should be put down. A complaint to the relevant authorities should suffice this. Secondly depending on your countries law you can not be held laible for failing to rescue the dog. If any legal threat is carried forward you may have to fight it but you'd almost certainly win. The neighbours would be forced to pay your costs so you should not end up out of pocket.

You have a good chance of a counter claim for the injury sustained by your g/f, also if the dog is able to jump the fence and your neighbours knew there was a pool in the garden that could count as contributary negligence on your neighbours part.

Unfortunately if your neighbours are big enough a**holes to go through with this you would should seek legal advice from a litigation lawyer in your country.

Good luck and hope your g/f recovers

2006-12-18 23:29:53 · answer #2 · answered by Anonymous · 0 0

As an American citizen they can actually do this. As ridiculous as it is they can. But seeing as there is visual proof that there was struggle on both side their would be a almost slim to nothing chance that the neighbors would win. 1. because it is a dog, 2. because it was unintentional, 3. because the dog got into your backyard and it was not being watched by its owner, therefore showing that the neighbors didn't take precautions in the ability of their dog. Also your girlfriend could have acted like nothing was wrong and just left the dog but since she was trying to help it and she was hurt in the process you would have the opportunity to sue them also.

2006-12-18 13:08:49 · answer #3 · answered by linkielock 4 · 0 0

No they can't! They should take proper care of the animal, you should counter sue them for negligence. They allowed their dangerous dog to go out and do whatever it pleased. A pitt bull is a dangerous dog and they should make sure it is locked up when they are not around. That thing could of got out and bit a child, even killed it. They have a record of your girlfriend calling 911 anyway so that will work against them. This is rediculous.

Even though this was not a pit bull as somebody pointed out, the dog was 135 lbs and should of been tied up properly, owners have to be responsible for their dogs and not sue everyone else when it gets into trouble. I don't know about the US either, but in the uk, pit bulls are nearly always in the hands of irresponsible owners and are made to be vicious, not the dogs fault, but the owners. It does have a reputation here and rightly so. Pit bulls have been known to maul children to death.

2006-12-18 12:36:17 · answer #4 · answered by Anonymous · 4 1

Legally you can sue anyone for anything if you pay the processing fee. However, they have to prove that you girl was cruel. I would counter sue them for pain and suffering and neglect. Consult a lawyer but remember that they have to prove that your g/f was harming the dog. If there were no witnesses it will be their word against hers. Find out if the dog bit anyone else, if the dog is known to leave their yard, and any other aggressive behavior that the dog exhibits. Talk to your neighbors. Record everything. Get copies of her medical record for the bite and take pictures of your yard, theirs, the dog, and her face. Picture evidence has a lot of weight. Good Luck

2006-12-18 14:02:52 · answer #5 · answered by ladyfatale01 2 · 0 0

The only way I could see them being able to do this is if there is supposed to be a fence around the pool and there was none AND there is no leash law for dogs in the area. I would definately be checking both of these things out if anyone of these pertain to you. This really stinks and I still don't think its fair regardless.

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2006-12-18 14:50:18 · answer #7 · answered by Anonymous · 0 0

Welcome to lawsuit happy America. Your best bet right now is it to play the game back at your neighbors.

1) Get the best lawyer you can, this is vital. A bad lawyer can mean that even when common sense is on your side, you can lose.

2) Counter-sue your neighbors. You have just as much right, if not more, to sue. The mere fact that you are counter-suing increases the leverage on your side. With this leverage it is possible to settle it out of court.

2006-12-18 14:09:20 · answer #8 · answered by Anonymous · 0 0

Yes. Anyone can sue for anything.
It sounds like a pre-emptive strike on their part to try and scare your girlfriend.
Get her a good personal-injury attorney; preferably one that specializes in dog bites, and sue the pants off them. Their suit will probably get dismissed, but be sure you also sue them for attorney's fees in both law suits.
Get all the doctors reports, take pictures of her injuries, take pictures of the fencing around the pool. Co-operate with every request your attorney has for information.
Good luck to you. I hope your girlfriend heals and is ok.

2006-12-18 12:45:17 · answer #9 · answered by Anonymous · 4 1

I would consult a lawyer, but what I can tell you is that if her house has a fence and it meets building codes (some communities require you to build a fence around your pool so little kids wandering around don't drown) then they can't sue you.

2006-12-18 12:34:24 · answer #10 · answered by barcafan92 2 · 2 0

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