Silky Terrier and Bullmastiff got in fight,my Silky died after $4000 in bills. Who is liable? Read for detail!

Question

I was walking my 7 year old Australian Silky Terrier near a lake, off the leash. 20 minutes into the walk, a large Bullmastiff came charging from around a bushy area (this was a bush walk area where there is a lot of space and water, like a basin or dam) and knocked my Silky (male, named Benny) over and started a fight with him. As Benny was an older dog and he was already suffering of very MILD elbow dysplasia that he had had since he was 4. The Mastiff was off the leash, had no collar or muzzle and was very aggressive. I did try to seperate Benny and the Mastiff but as the dog was well over 100lb, I was scared for my safety. The owner finally came running to see what was going on as I was yelling. He was holding a leash with a Bulldog pulling on it.
I took Benny to an ER (this was last week) and $4283.98 in vet bills later, Benny died.
Am I liable to pay this or should I be asking the other guy? How much is he liable to pay? What else is am I or he liable for? Please help!

I understand my dog was off the leash but we has not running in front of me nor was he barking or pulling any attention to himself. I am very emotionally distrought after watching my dog die right before my eyes and seeing this massive dog attack my dog who was around 9 inches in height and approx. 10lb in weight compared to a large Mastiff.

I can not afford to be over $4000 short, money wise, as my father recently passed away and I need to pitch in money with my siblings, my mum and other family members to pay for his funeral.

How much is he liable to pay? How much am I liable to pay? Is he liable to any other charges? Am I liable for any other chareges? Please explain how this will work!

He did give me a phone number and a name but he wants vet bills and proof that he owes me anything. He thinks I should have paid more attention, my dog should have been wearing a leash and a muzzle as my dog did bite his Mastiff on the ear. Please help me!

He has already sent me a bill of $575.42 (which is the WHOLE bill) and expects me to pay ALL of it. He says that his dog was very affectionate, loving, caring and wouldn't hurt anything at all.

This is entirely wrong. His dong CHARGED from around a bushy area and attacked my dog without a peep.

FYI: After a 20 minute walk in the basin, I had never seen the dog before. I was on my way home (I live approx. 10 mins away from the basin/park) so I took the leash off him like I always do after our walk. He always wears the leash and sometimes a muzzle (as there are sometimes rodents running around there and Benny loved to chase them) while we are walking in the basin/park.

I have told him to pay 3/4 of the vet bill and he refuses to pay more than $500 which is around 1/8 of the vet bills in total.

Oh and he also wants an additional $180 (on top of the $575.42) for emotional distress of seeing a dying dog. What's up with that?!

And $206 for missing 2 nights of work as he had to stay home with his dog to make sure he recovered properly. So that's around $1000 for bills, emotional distress, work etc. that he wants off me when I can't get more than $500 off him without going to court!

Raysin: That's what I was thinking. After a 45min phone call last night and a 3 page letter from him (2 nights ago), that's what he wants off me.

Answer 1

If it was a leash control area, you are out of luck, ( you may get 1/2 of the bill paid, so it is worht filing for) but if it was a dog park, the other owner is resposible for the vet bill, as dogs are required to be sociable and under control at a dog park.
You can file a small claims, and then contact (webpage) any of the TV judges.. they do love the dog attack cases, and pay all expenses.

Answer 2

50-50 split. Both dogs were off leash. If the other owner is not willing to pay 50%, remind hiim that it would have made NO difference if your dog had been on leash or not.

Now the 50-50 split also includes the mastiff's vets bills for that bite. Add that in before you do the total. If he is not willing to accept that, take him to small claims court.

If you try to get more than a 50-50 split, the judge is very likely to just dismiss the case. Do not get greedy.

Answer 3

So sorry to hear about your loss!

I would try taking it to small claims court and see what you can get out of the situation if the guy refuses to at least help pay the bill. The only issue you are going to run into is that you share responsibility as your dog was off the leash as well.

***Sorry to say, but you are going to get 50/50 responsibility for the bill at best. Sad as it is to say, if his dog ends up with vet bills for the ear bite, he can get you for 50% of that the same as you can go after 50% of your bills. If I was you, I would aim for getting the 50% and be happy if you get it. It is a terrible thing, but hindsight is 20/20 and there is no real way to go back and change the outcome. Always, always keep your dog on a leash from now on. Sorry!***

***It sounds like your very best bet is going to be small claims court! You are going to end up with a lot more that way, the judge is going to laugh at some of his ridiculous demands, and he will have to pay part of the court costs as well. Take him to court... you have the bigger losses!***

Answer 4

If I understand right the bull mastiff was also off the leash and attacked your dog first. If your dog bite the bull it was self defence and you should not have to pay anything. I believe he should pay a least 1/2 of the bill. You did have no leash on your dog. You had control and even if you had a leash how would you have stopped a dog that size. You may have to go to court. Make a complaint to Animal control about the mastiff it sounds like it would fit the dangerous dog law.

Answer 5

First, I'm sorry for your loss.

I would say this is a case of 50-50 liability. You should pay for half his vet bills, and he should pay for half of your vet bills.

I say 50-50 because neither of you should have had your dogs off leash in a public area. His mastiff had as much right to be there as your terrier, unfortunately neither animal was trained to distraction so having them off leash makes you each liable.

Sad story. Next time be sure your dogs are always on a lead.

EDIT TO ADD - sound like a rough start to your year, sorry about that. But to answer your question, you are 50% liable for the costs of not only your dog but also the mastiff. Each of you had your dogs off leash and neither of you trained your animals to distraction (to listen to your commands regardless of the situation). That makes you as culpable as the mastiff owner. The size of the dog makes no difference whatsoever, neither does the fact that your dog wasn't running or out in front of you. Neither party had control over their dog (otherwise you would have been able to pull on your dog's lead when you saw the mastiff coming and save your little guy). That's the bottom line - neither owner had control over their dog.

I know this isn't what you want to hear, but it is the right answer. I hope 2007 brings a bright future for you.

You do not get emotional distress for the loss of an animal - I've seen the judge deny that over and over. Dogs are property, just like you wouldn't get distress for a car wreck, you won't get distress or pain and suffering for a pet.

He is likely to get the missed work fees because by your own admission your dog bit his dog too. Your dog, being the smaller dog got the worst of it, but his dog was injured too. Missed work is often an allowable claim.

Do this: Gather your bills, lost work calculations, cab/train receipts to take your dog to and from the vet - put them all in one spot. Submit them to the other party. Then gather the bills he's submitted to you and put them together. Now take all this evidence, copy it, KEEP THE ORIGINALS and file a small claims case. DO NOT ASK FOR 100% as the judge will think you are trying to take advantage. File for 50% of your bills to show you are reasonable. When you go to court, be sure to take your ORIGINAL letters, bills, stuff from the other guy with you. The judge is never satisfied with copies - they want to see the real thing. You'll get 50% of what you've submitted and the mastiff owner will countersue you and get 50% of his vet bills, time off from work, cab/train fare. That's what they call "reasonable and customary."

No matter how hard you fight, your dog was off leash too. The best you can do is get 50% of your loss, and please expect to pay 50% of the mastiff owner's losses.

Answer 6

I'd have to agree with those who said to go for a 50/50 split in small claims court. You both are liable. Just make sure to keep every receipt and let your vet know that everything in your dog's medical chart needs to be very carefully documented since it will be needed as evidence in court.

Answer 7

Since both dogs were off leash, you are both equally at fault for the dog fight.