What can I do to get reimbursed for a vet bill?

Question

My dog was viciously attacked by a pit bull while I was walking her within our apartment property. The dog is on the "ban" list at our complex. The owner of the pit bull was jogging w/ his dog and the leash broke. The owner took off running after the attack (I am assuming he knew he was in big trouble). We caught the dog and called animal control and found out what apartment he lives in. He happens to be an unauthorized occupant at the apartment and is also claiming the pet is not his (which is silly being that he was there when the whole thing was occurring). We have been told that we can pretty much only file a small claims against him. I cannot figure out how to find out his name to do so. The apartment office will not release it and the police say it is an animal control issue. The apartment office has fined the leaser of the apartment already but that doesn't get me my money back.

Answer 1

I would call animal control and tell them of the situation, since the police aren't being much help. They will go and deal with the idiot owner and his pit bull.

Answer 2

Well if you are going to file in small claims, I would contact them at the court. They might know how you can find his information.
Does he have a car? You can go to the dmv and find out who the registered owner for that vehicle is using the license plate.

Another idea is...can you file a claim against the apartment complex or the owner? You say the dog is on a banned list, I don't exactly know what that means, but obviously that it is not allowed in some way or another. The apartment complex office is aware of this situation and that the dog has attacked you and your dog. (Even if he didn't bite you, I would still feel I was attacked!) He is an unauthorized occupant who doesn't belong there, correct? The apartment complex has an obligation to do something about this situation. It should have never been allowed in the first place, the man doesn't belong there and the dog doesn't belong there. Because they did not do thier job, they basically allowed this to happen and are therefore somewhat responsible! They can't make rules and not enforce them.

(You know I read that some city in Florida was sued because someone drowned on the beach. The city said they are not in charge of the beach, however the judge decided, because the city rented chairs and umbrellas and such, that people had a reasonable expectation that the city was in charge and would post warning signs, or something along those lines. So I think you would have a very valid case against the complex!)

I don't know the laws in your state, but I would look into that before anything else. Even filing a claim against them should be enough to get their attention and help you in this matter!

Edit- Wow there are some really good ideas on here! I just read everyones after finishing mine and there are tons of good ideas and information! ( I know where to go if I ever have a legal question, haha) I think you will have no problems getting this guy now! Sorry, I just think this question has produced more good answers than any other I have read, I just had to comment.

Answer 3

Here is a suggestion as to the somewhat complicated and "court"-oriented route to take. However, first the obligatory disclaimer: This is not legal advice. I don't know all the facts of your case, nor the jurisdiction in which you reside and I'm probably not licensed to practice there.

1. Tell the apartment owner/manager your going to file a lawsuit against the person who owned the pitbull. Ask them if they would prefer to just give you the name of the apartment leaser and the owner of the pit bull, or if they would prefer a subpoena. Faced with that choice, people will usually just give you the information. If not, you know what you need to do.
2. File a claim in small claims court. " v. John Doe". In the complaint, describe John Doe as the owner of the pit bull that attacked your dog.
3. Go to the clerk of the court and ask for subpoena to be issued to the "keeper of records" for the apartment complex. Ask them if you can serve the subpoena yourself, or if you have to hire a constable to do it. Hopefully, you can do it yourself. In the subpoena, require any all documents evidencing the identity of who leases the unit and anything concerning anyone staying in the unit or owning a dog.
4. Go back to the court and amend your complaint to reflect the true name of the owner of the dog (in other words, file a new one -- ask the clerk how to do this).
5. Serve the amended complaint and summons on the owner of the dog. Go from there. Small claims cases usually move pretty quickly (within a couple months).

Another option -- tell the guy you'd like to resolve this amicably. You know he was in control of the dog and you want to be reimbursed for the vet expenses. He can either do that, or you'll have to sue him for it, in which case you'll also ask for emotional distress and injury to your property. That may not be technically available in your state (many states consider pets simply to be property, and thus emotional distress is not available) but many small claims courts are a bit fast and loose with the rules and may give you something anyway. Remind him that suing him is also going to mean involving his friends, and they're not going to like being dragged into this.

Good luck.

Answer 4

If he isn't the owner of the dog, it doesn't matter. He had the dog under his control, so legally, he is going to be responsible for any damage the dog does while under his control; broken leash or not. That excuse has been attempted before, and no judge will buy it. The precedence has been made in previous court cases that whoever is in control of the dog is responsible for it. You will win if you sue him.

The problem you have is determining the guy's identity. You can supoena the Apt Office to release the name. Chances are, they only do not wish to release the name to protect themselves from a suit over privacy issues, and not because they really want to protect this guy. Faced with a supoena, they are released from this liability, and face punative actions if they still refuse to provide the guy's name.

Another option you can try is to sue the renter of the apartment they guy was staying in. You could argue that he, being the renter, is liable because he violated the apartment's rules both by keeping the dog in the complex and by allowing the guy to stay there without being on the lease.

If I were you, and the renter of the apartment refused to give up the guy's name, I would sue him instead, and you'd probably find that he will change his mind, and give up his friend.

In the meantime, you can talk to the police again, and tell them that you plan to file a lawsuit. They WILL have to give you a copy of the police report. Bring the police report AND whatever vet bills you have with you when you go to court.

If you do find out who this guy is, sue them both!

Answer 5

First, file a police report.

Then, file for damages in small claims court and title it "Your name here, Plaintiff, vs. Unknown owner of pit bull living at such & such address on this date, defendant" also add the apartment manager and apartment complex owners as co-defendant's.

if nothing else your damages will get paid by the owner's liability insurance - that's what they pay their premiums to cover. find out their insurance carrier's name and file a claim.

also, see if you can get neighbors to sign witness statements saying that this guy has been living in the apartment and they have seen him with the pit bull on a leash regularly and that it is reasonable to assume that he is living there and that the dog is his.

it stinks that the apartment manager is going to help you out--just add them to the lawsuit or contact their insurance company.

good luck - I hope your dog is okay.

Answer 6

Technically, if you called the police they have to file a report and therefore his name would be on the report. Now that doesn't mean thats what happened and that they did. If not, call sheriff and tell them the problem. Dogs are considered property though under the law. This is no different than if the guys pitbull had attacked your car and left stratches all over it. They have to file a report and police reports are public property.

Now your office complex could also help as he is a squatter. They could call and report him.

But you have to take em to the vet and get it better. Then you get reimbursed for it.

Answer 7

call the animal control and see if they will get his name for you they should fine him any way for not muzzeling his dog while walking it tell animal control what the police told you they should help