My child was attacked by a pit-bull at our apt. complex, do you think they are liable?

Question

Yesterday evening my 7 yr old son was attacked by a pit-bull dog in our apartment complex. My son was outside in a common area when someone opened their door and the dog ran out, spotted my son and attacked him from behind. He was bitten twice on his back, once on his rear, and twice on his upper leg- they stitched some of the spots. I'm thankful that it wasn't real bad, but I have everyone telling me to sue the complex. (The owner is a single mom who has no money.) I KNOW I NEED TO CONSULT A LAWYER, but I was just wondering what you all thought. Has anyone out there been in the same position? By the way, I live in Tx.

The dog was picked up by animal control late last night, it tried to attack the "dog cop". He will be watched for 10 days seeing as how he didn't have his shots! I don't want to sue anyone really, I just have everyone calling me today telling me I should! I want the dog gone, but it will be up to the owner as to whether they pay the fines and fees to get him out of "doggy jail". I am not mad at the dog but think he poses a big risk to everyone in this complex.

Answer 1

Yes, the complex is responsible as well as the owners.

Many townships have a laws about vicious animals due to the attacks of pit bulls. The complex would have to follow the rules as well. When the owner of the dog moved in, the owner had the right to enforce that vicious breeds were not in an area where children are. Since you live in the complex with a child, the complex owner is also responsible.

Additionally, if the owner of the complex knew of incidents, she should have taken action.

My advise, get an attorney. The apartment complex should have made a better decision to rent to someone with a vicious animal. They make money from the complex and chose to take that liability on as well. I am sure they have a home owners insurance plan that will assist them.

You need to also list/sue the owner of the dog as well since they are responsible. An award would be in place for up to 20 years for her to pay off. Additionally, the women's animal should be evicted.

No, attorneys do not take all of the money. They do work on a fee which (dependent on the case) would pay them 25 - 40% of the winnings.

Answer 2

The dog owner is definitely liable. You have to sue him. Did you call the police? He can probably get criminal charges as well. You also need to have a police report. You absolutely will win this. I live in Kansas City and there have been numerous pit bull attacks. Everyone is going nuts trying to ban pit bulls here. Call a lawyer ASAP. You can't sit on it. They will think you were not really concerned and hurt. You have to sue the owner. Ask the lawyer if you have a chance about the apartment complex. Do they allow dogs? Do they specify no dangerous dogs. That dog has to go. If he is that dangerous it is only a matter of time before he kills someone.

Answer 3

I don't think the complex is really to blame, but the owners of the pit bull are. It's surprising how many people get these dogs and just think they are so adorable, even leave them alone with their own children, without realizing that these kinds of dogs have been bred for generations to be viciously agressive. At the very least, you should talk to the owner of the complex about some restrictions to be placed on the dog's movements in the common area. Personally I would want that dog put down but then again I have no control over other people's pets.

Answer 4

Dilemma. Peace in the complex. I think its great that your thinking of the woman as well at this time. Considering shes a single mother and all. That's very kind of you, However since it was her animal she should pay for any medical bills but more then anything you need to let her know because shes also a mother the dog now has a taste of blood and it needs to be put down before it attacks her child or anyone Else's. If you take her to court find a witness that saw it happen. You have to prove it was her animal and if you have a witness you will win. I guarantee it. But remember. This may cause problems in the complex so be as kind as possible. Other then finding a witness to not tell anyone else in the building what has happened and please be nice to this lady. If both party's continue to live there and there is drama that's not good for either family. Good luck. Also if you really care this poor single mother, only sue for medical bills. Not mental anguish etc.

Answer 5

Yes I think you can sue the complex. The owner of the complex should NOT have allowed someone to keep a pit bull at the apartment, but on the other hand, the single mother should not have let the dog out into the common area. Apartment complexes are supposed to know who owns a pet, and pit bulls, rottweilers, and german shepherds generally are not allowed because of the risk of aggression. Your lawyer, however, may recommend suing the mother, since it was her dog, but I would inquire about going after the complex. I've never heard of a complex allowing pit bulls to live there, especially when there is a common area used by everyone.

By the way, I love all dogs, I'm just speaking from a legal standpoint, so don't think I have something against pits. I don't, but because of insurance reasons, complexes don't usually allow them.

Answer 6

That could be a company policy. There is no such a law that prohibit anyone to have any type of pet in a apt. complex when is not exotic or vicious. If they consider the pet to be vicious, out of the leash, or a nuisance for the community, then, they can ask you to leave, but you can refuse if you want to, and for eviction, it's a long process. You need to call the Texas Aparment Complex Association and check on the company to manage your complex. You have to go all the way to the source and above site managers, so you can find out the real deal. Remember, it could be a personal preference from the complex manager. He maybe has a fear for pit-bulls and the reputation they has gain. I had one for 10 years, and was raised among cats and birds. The cats used to cuddle with him. The bird used to peck on his wiskers. A real sweetheart. Houston. TX.

Answer 7

What did the owner of your apartment complex have to do with this? It's not her dog. All of her doors and locks were operating correctly. And she wasn't even there.

Put responsibility where it belongs. If what you wrote was actually what happened, and there was truly no provocation, then you should sue the owner of the dog. They raised it. They trained it. They taught it to attack people. And they left it unrestrained and let it get out.

Have you called the police?

Do not take this out on the complex owner. And whatever you do, do not take it out on the dog. It is not their fault. The dog only did what it was taught to do. The responsibility lies with the owner of the dog.

Answer 8

You should pursue legal remedies at least to cover your medical expenses. It's sad that the dog's owner has money issues, but if she owns an aggressive dog, she has to be accountable for the dog's actions. If you haven't already reported the incident to the police, you should also do that. And you should most certainly consult a reputable attorney. Good luck.

Answer 9

The only way the complex would be at fault is if it knew the dog was a threat and allowed it on the premises with their approval.

The responsible person was the dog's owner! You can have to Dog declared a menace and removed/put to sleep!

Report it to animal control and get their "Expert" advice on the full culpability of who might be involved!

I hate pit bulls and the arrogant arseholes who have them!

Answer 10

No, the complex is not at fault. Sue the owner of the dog, that's whose responsibility it is. You also need to call Animal Control and report the incident to them.
Don't feel sorry for the single mom with no money. Sounds like she also has no sense of responsibility, or any business with a dog she can't control.