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  1. #1
    Join Date
    Feb 2008
    Location
    WV
    Posts
    115

    Default Neighbor's Dog Got Loose

    My question involves an injury that occurred in the state of: WV

    My friends neighbor has a dog that is constantly getting off of her chain. Usually they just put the dog back on the chain and go about thier business. This time her boyfriends aunt who just had major back surgery came over to look at her garden and the dog went running towards them my nieghbor grabbed the dog by the collar before it could jump on the aunt and it twisted around and caused some extensive damage to her fingers. They have told these neighbors over and over again that the dog keeps getting loose but they do nothing and now she is injured. Does she have a case to sue? Yes a police report was done.

  2. #2
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Neighbors Dog Got Loose

    Yes she does.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Neighbors Dog Got Loose

    Having a police report made was the right thing to do. I agree she can sue for damages.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  4. #4
    Join Date
    Feb 2008
    Location
    WV
    Posts
    115

    Default Re: Neighbors Dog Got Loose

    Thank you! That is what I thought but I wasn't sure.

  5. #5
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Neighbors Dog Got Loose

    You're welcome.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  6. #6
    Join Date
    Apr 2006
    Location
    not sure
    Posts
    526

    Default Re: Neighbors Dog Got Loose

    Quote Quoting babyfat5
    View Post
    My question involves an injury that occurred in the state of: WV

    My friends neighbor has a dog that is constantly getting off of her chain. Usually they just put the dog back on the chain and go about thier business. This time her boyfriends aunt who just had major back surgery came over to look at her garden and the dog went running towards them my nieghbor grabbed the dog by the collar before it could jump on the aunt and it twisted around and caused some extensive damage to her fingers. They have told these neighbors over and over again that the dog keeps getting loose but they do nothing and now she is injured. Does she have a case to sue? Yes a police report was done.
    A claim on homeowners insurance might helpful. I don't get why if the dog belongs to your friends neighbor, why did YOUR neighbor grab the dog? Wouldn't it have made more sense for your friend who is the neighbor to grab the dog?

  7. #7
    Join Date
    Aug 2007
    Posts
    3,837

    Default Re: Neighbors Dog Got Loose

    Quote Quoting babyfat5
    View Post
    Does she have a case to sue? Yes a police report was done.

    Here is the only WV dog bite statute I could find, it is not "strict liability" for any bite/attack/injury, as it does not address ON premises bites also.


    19-20-13. Dog running at large; liability of owner.

    Any owner or keeper of any dog who permits such dog to run at large shall be liable for any damages inflicted upon the person or property of another by such dog while so running at large.


    If you want to be in the know before a personal injury attorney is consulted, pay a visit to a library where they have your state laws. Look up the above citation and read any case law annotations after.

    If the law were strict in nature, liability to the owner/caretaker would cover ANY venue. I have seen law though before in jurisdictions where if the dog was "tormented/teased", it "may" relieve the owner of liability.

  8. #8
    Join Date
    Feb 2008
    Location
    WV
    Posts
    115

    Default Re: Neighbors Dog Got Loose

    Quote Quoting cissycicle
    View Post
    A claim on homeowners insurance might helpful. I don't get why if the dog belongs to your friends neighbor, why did YOUR neighbor grab the dog? Wouldn't it have made more sense for your friend who is the neighbor to grab the dog?
    The neighbor is a renter so no homeowners insurance. As for why the neighbor grabbed the dog.... the dog ran into her yard, neighbor was not around, they leave the dog chained up in the back yard all the time. She wanted to prevent the dog from jumping on her boyfriends aunt who just had back surgery. In this neighborhood nobody has a fence.

    BTW the dog catcher showed up and ordered the dog out of city limits. So the dog is no longer there.

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