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PrintHelp Me Howard: Dog Bite Dilemma
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Producer:
Diana Reed
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So many people in South Florida love to bring their dogs to the dog park. But for one local woman, a trip to the park lead to a trip to the vet. Her dog was recently bitten twice by another canine. The owner claims it was an accident. Now, who has to pay the bill? Patrick and Howard have some answers.
(WSVN) -- Greyhounds are fast...they are athletic...but if they dont win races...they are often...killed..
Michaela Mitzel says, "Greyhounds are truly amazing animals...and they have such a sad story."
Thats why Michaela decided to volunteer at a Greyhound rescue program;..she had no intention of adopting a dog...till Nick spotted her.
She says, "T
his guy walked right up to me and he puts his head over my shoulder and he just laid his head there and wouldn't move...and I knew I had a dog."That was five months ago...now Nick has joined Michaela's cat Phoebee---living the good life...
"W
hos that boy........myyyyyy oh you're beautiful."Nick is only two years old...and is still very energetic....
Michaela says, "H
e loves to run...it's his favorite thing to do."Every day Michaela took him to Bark Park so Nick could race around with other dogs...
Little did she know how dangerous it could be.
Michaela says, "I
was so in shock ...when it happened...I understand things can happen but I have been going to the Bark Park for months and I haven't seen anything happen and all of a sudden this."Nick was flying across the park...another dog jumped in front of him...
Michaela says, "A
nd as Nick was running past him the dog jumped up and bit him in the shoulder."The Border Collie bit Nick twice...in the shoulder and in the rear...
Greyhounds are very gentle...Nick did not fight back...
Michaela says, "N
ick came running over to me and he was bleeding...he was bleeding everywhere......it was horrible."The dogs owner said he felt bad...but Nick felt worse...and had to be rushed to the Vet....
"H
ow many stitches did it take to close up the two wounds...?""
I know in his front wound there are at least 25."The back leg took six more stitches..
The Vets bill--over 323 dollars---Michaela knows it's her problem...but believes the owner of the other dog...is also to blame...
She says, "I
think as a responsible pet owner....I think that he should offer to pay for a least a portion of it....because he's responsible as well."To find out the law if a dog bites a dog...Michaela called Help Me Howard.
7 News Legal Expert
, Howard Finkelstein says, "There are two laws that at first glance seem to contradict each other...but they don't...one law says the owner of a dog is responsible for the damage it causes...the other law says those damages can be reduced or eliminated if the other dogs owner didn't maintain the animal...since both dogs were running in the park...in this case both owners share the blame."And thats exactly how it worked out...the owner of the dog that bit Nick told Michaela he would pay half the $323.00 bill.
This was easy to resolve but many dog bite cases can get complicated..
For example if you are walking your dog on a leash and an unleashed dog comes up and gets bit...you are probably not responsible---
But if you dog is running loose and attacks an animal....you are responsible...
Unless the other animal is also running loose...then the responsibilty will be determined by the circumstances...
Howard says, "Because dogs will be dogs the law is fluid---in determining who is responsible and for how much...and in some cases a judge has to make that ruling..."
Nick is now getting his exercise in a neighbors small back yard...soon he will go back to Bark Park to stretch his legs...with Michaela keeping a close eye on him.
She says, "Nick needs to get his exercise....so he does need to go out to the park and run...but I will definitely be more careful....."
Michaela is lucky the owner of the dog that bit Nick was a good honest person...
One final note about animals...
If your dog bites another animal and you are at fault...the law only requres you to pay the Vet bills.....
Unlike in a human there are no damages for pain and suffering--
That's because ..you can't prove how much a dog suffered since the animal cant speak for itself....
Wounded by a problem that won't heal...let us race in and try to take a bite out of it....
Remember every situation is unique-- if you find yourself with a similar problem, contact your own Attorney.
FOR MORE INFORMATION:
Contact: pfraser@wsvn.com