# Bitten by dog, person wont pay.



## LinuxKing (15 Dec 2009)

Okay this might seem petty but it's really getting on my nerves. Long story short, got bitten by a dog, was cycling on public road, reported to guards (cos the woman wouldnt answer the door to me)... she rang me after guards contacted her, admitted liability, said she would pay. 

After I posted her two letters(with bill for expenses), and hand delivered a third .... received half of  the money about two months later with a sob story saying that she would pay the remainder over the next few months. Six months later I sent another letter saying if she didnt pay me by Dec 1st I was going to my solicitor. she has not responded. 

1. Do I have the right to request a statement from the guard who was present when she admitted liability, in case she lies when I bring her to court.
2. Do I have the right to request that the dog be put down, as a threat, if she refuses to pay. The dog bit one more person before me, which the guards also knew about. Wouldnt normally go this route but I'm sick of being nice about it cos it's getting me nowhere. 

Thanks in advance.


----------



## PaddyBloggit (15 Dec 2009)

Pay for what?


----------



## Complainer (15 Dec 2009)

LinuxKing said:


> Okay this might seem petty but it's really getting on my nerves. Long story short, got bitten by a dog cycling on public road


Did the dog come from a circus or what?


----------



## mathepac (15 Dec 2009)

complainer said:


> did the dog come from a circus or what?


 rofl :d


----------



## Towger (15 Dec 2009)

PaddyBloggit said:


> Pay for what?


 
Watching the cycling dog???

But good question, what should she pay for?
Would the OP not have to bring the owner to the District Court to get any sort of award?
Should the dog not be put down, or is the old 3 strikes (bites) rule still in force?


----------



## seantheman (15 Dec 2009)

Complainer said:


> Did the dog come from a circus or what?


 Class!
So ye want the dog put down now. If she had paid up i assume it would have been ok for the dog to live


----------



## onq (15 Dec 2009)

"...got bitten by a dog cycling on public road"

"Did the dog come from a circus or what?"

Priceless! 

<wipes tears from eyes>

OP just get her to give you the dog.

If you could train more the police could set up a mobile dog unit.

ONQ.


----------



## Bluebells (16 Dec 2009)

Complainer said:


> Did the dog come from a circus or what?



Oh that is brilliant !!!!!!
People are asking me what I'm laughing at.


----------



## noel_k (16 Dec 2009)

Complainer said:


> Did the dog come from a circus or what?


 

excellent!

OP - have you been drinking and driving again seeing cycling dogs?!


----------



## Rois (16 Dec 2009)

You should take more care in future, sounds like you're a bit of a liability out on the public roads. Drink, dogs, maybe potholes next then you could sue the county council.


----------



## Locke (16 Dec 2009)

Complainer said:


> Did the dog come from a circus or what?


 
My Wednesday Starts with a smile. Brilliant complainer.


----------



## Brendan Burgess (16 Dec 2009)

This is not remotely petty. 

It's dangerous enough for cyclists with pedestrians walking out in front of them and cars brushing past them.

A dog bite is serious. A cyclist could well swerve out in front of a car to avoid a dog. 

I wouldn't be bothered with medical bills. I would be insisting that the dog be put down. Especially if it's got history.

If the dog is on the street, contact the Dog Warden service and get them to remove it.


----------



## ali (16 Dec 2009)

+1


----------



## Caveat (16 Dec 2009)

Brendan said:


> This is not remotely petty.
> 
> I would be insisting that the dog be put down.


 
Is this likely to happen though?  Maybe depends whether it was a nip at a passing cyclist or a full blown attack I suppose.


----------



## galwegian44 (16 Dec 2009)

It's also extremely dangerous for:

    - pedestrians who are struck by cyclists not willing to stop at red lights, pedestrian crossings etc
    - pedestrians who are struck by cyclists who don't bother with lights
    - car drivers who have to deal with cyclists who don't know/refuse to signal correctly (how many cyclists do you even see signalling when they turn?)

It's not just cyclists, there are idiots walking, in cars, on motorbikes etc (even getting bitten by dogs). The point is that just about everyone is culpable in one form or another but we seem to live in a society where no one wants to take personal responsibility.

Re: the original post, if this was a serious incident then proceed with getting the dog put down. If not then just forget about it, you're giving the impression that you are just out for the money and if that is the case I have no sympathy for you.



Brendan said:


> This is not remotely petty.
> 
> It's dangerous enough for cyclists with pedestrians walking out in front of them and cars brushing past them.
> 
> ...


----------



## Complainer (16 Dec 2009)

Brendan said:


> I wouldn't be bothered with medical bills. I would be insisting that the dog be put down. Especially if it's got history.
> 
> If the dog is on the street, contact the Dog Warden service and get them to remove it.


Medical bills can be a very real issue for some people. They can mean less food on the table, in the current environment.

I agree that the dog should be put down. I wonder what happened when the OP went to the Gardai. If the Gardai gave the OP the option to progress it and the OP declined, then he can hardly go back to the Gardai now.


----------



## onq (16 Dec 2009)

OP You say there were expenses and that the owner agreed payment in two tranches.

Both Paddybloggit and Towger have asked you to confirm what the payments were for.

Could you also confirm the amount involved if you want a considered reply as to whether you should take her to court.

ONQ.


----------



## Mers1 (16 Dec 2009)

Yes I would be inclined to know what expenses you actally incurred.  
Did the dog actually run out on to the road? why not get on with it and forget about it.....


----------



## Pique318 (16 Dec 2009)

LinuxKing said:


> Long story short, got bitten by a dog.



OK, this is not a case where you can do this.
You obviously know the owner (an therefore the dog too) correct ?

Have you ever had a run-in with this dog before ?

What were the circumstances leading up to the incident?

Was it a vicious bite or a nip at a moving object?

How much injury was done to you and what did the doctor charge for?


It's very easy for people to imediately ask for the dog to be put down after a one-sided story, but the truth is generally quite more complicated....


----------



## onq (16 Dec 2009)

Poor LinuxKing has only been here since 22nd of last month and we're all giving him a bit [sic] of a hard time.
Personally I understand exactly how he felt [very sore] because exactly the same thing happend to me, except I was on a motorcycle at the time.

A local, near feral sheepdog [they like to chase things] had it in for me and other people on two wheels in our area [1980's South Dublin].
It used to dance around hopping from side to side in front of bikes and motorcycles when entering our estate.
One day having dodged it three times as I approached, it had the unfortunate mishap of 'dodging' right in front of my Honda 125 [heady days].
I had nowhere to do and so I ran its ass over - not for want of trying to avoid it I can tell you.

'Nayways after that it got meaner and eventually developed the technique of waiting until after you'd passed and running alongside nipping and yelping.
People who knew the mutt [me] would let it see them passing one entrance, wait until it went thataway and then come in the other entrance and round the back road.

One day after the above I was slowing down to take the next corner after passing the mutt and OUCH! the little fecker was after biting me on the calf.
Well I went straight over to the owner and we had words - then I went to the local Garda Station and showed them the by now purpling teeth marks in my leg.
"Unless its drawn blood we can do very little except warn the owner. If it draws blood we can have it put down..." was the reply.

Revenge is a dish best served cold and I was present to witness my pal Dave try to manhandle his GPZ 1100A this way and that to avoid the same damned dog.
Left, right, left again - well, its a heavy bike and eventually the dog stopped right in front of the still rolling motorcycle, with its increasingly exasperated, tiring rider.
Having learnt nothing from its previous encouter with me, the dog stayed looking at half a ton of Kawasaki heavy metal as it reared on its back wheel then came down.

Belatedly seeing the mismatched encounter for what it was, the mutt tried to move - but not nearly fast enough.
18 inch Pirelli V-Rated performance tyremarks on its ass bore testimony to its almost terminally unwise behaviour.
It limped a little thereafter, and was still vicious to approach, but it never bothered bikers or cyclists again.

And the motto is - sometimes the most inevitable of solutions work out for the best.

HTH

ONQ.


----------



## GarBow (16 Dec 2009)

IMO Any dog that bites a person, unprevoked, enough for them to require any kind of medical treatment should be put down. I say this as a dog owner. 

If this were to happen to a child would people be so quick to judge?

If it happened to any of mine i'm not sure the dog would have to wait to get to the Vets.


----------



## truthseeker (16 Dec 2009)

Its not the dogs fault - its the owners fault for not keeping the dog under control.

In this particular case the dog has bitten before - so the dog should be taken from the owner and either placed with someone who knows how to control it (which is not really a practical solution) or put down.


----------



## batty (16 Dec 2009)

Tuesday evening my 70 year old (but not in the best health) mother was walking her dog, a tiny yorkshire terrier. 2 alsations ran out from a nearby house, one picked up her dog (on a lead) & began shaking it. The second alsation jumped up on my mother knocking her over & she broke her leg. 

I know the original post (the way it was worded) may have seemed comical but people not being able to control their dogs can have serious consequences.

i went around to my mother's neighbour to ask him how he intended to control his dogs in future - he shrugged.


----------



## LinuxKing (16 Dec 2009)

Pique318 said:


> OK, this is not a case where you can do this. You obviously know the owner (an therefore the dog too) correct ? Have you ever had a run-in with this dog before ? What were the circumstances leading up to the incident? Was it a vicious bite or a nip at a moving object? How much injury was done to you and what did the doctor charge for? It's very easy for people to imediately ask for the dog to be put down after a one-sided story, but the truth is generally quite more complicated....



Okay I've gone through all of the legitimate posts, thanks to those who responded. To quickly answer questions above and others.
- No history before with people or their dog. I have no feeling either way about the family, just want expenses paid, which they agreed to initially.
- Their house is remote enough area so not many people would cycle past. 
- Another cyclist was bitten before (dont know full detail). 
- Guard never suggested to me to get the dog put down (he seems to know the family)
- I charged them 250, which is what it cost me (with jeans, lost work, doctor bill, antibiotics) but I need the money. 
- I was sober, it was 11am, there were no other vehicles, my bike was roadworthy.. etc

Picture of bite







> If she had paid up i assume it would have been ok for the dog to live


Yes, I have no intention of getting the dog put down, but if it helps me to get paid, then I am prepared to threaten it at least. Like I said, I've tried being reasonable, but I need the money.


----------



## Complainer (16 Dec 2009)

LinuxKing said:


> Yes, I have no intention of getting the dog put down, but if it helps me to get paid, then I am prepared to threaten it at least. Like I said, I've tried being reasonable, but I need the money.


I don't think you will be able to negotiate around getting the dog put down. If you want the dog put down, chase the Gardai to progress your initial complaint. I don't think you'll be able to withdraw this complaint at a later stage.

I suppose you could just threaten to go back to the Gardai, and see if that moves things on.


----------



## Brendan Burgess (16 Dec 2009)

Linux

That does look serious enough. 

If you were attacked by the dog on a public road, I would seek to have that dog put down. 

I would probably also look for damages. Not huge damages, but enough to teach the owners that they have to be responsible. 

Brendan


----------



## AlbacoreA (17 Dec 2009)

I don't see why a nip from a dog is ok either. You could come off the bike and have a serious injury. Dogs shouldn't be nipping never mind biting people on the public road.


----------



## Bronte (17 Dec 2009)

I don't see the distinction between a nip or a bite. If a dog bites or attacks someone in a public place then the owner is not in control. 

That picture of the bite looks serious and I echo the earlier comments what if that were your child of 5 or 6 would your comments to the OP be the same. Dog owners need to be more serious in their control of dogs. 

Batty, 2 Alsations attacked your elderly parent and small dog, what will they do to the next person? I think you should report this to the police.


----------



## onq (17 Dec 2009)

Bronte said:


> I don't see the distinction between a nip or a bite.<snip>.



You've never owned an affectionate dog, then.

"Love nips" are common among both cats and dogs.

They are a means of expressing affection, especially when young.

They tend ot grow out of it in my experience of both animals, but this thing on LinuxKing's leg is a serious bite.

They need to have this mutt put down before it savages someone.

ONQ.


----------



## onq (17 Dec 2009)

Brendan said:


> Linux
> 
> That does look serious enough.
> 
> ...



Yes, I have ot say I agree totally.

I'm sorry for making fun of the OP earlier, but it was the wording that had me convulsed.

The dog that did this needs to be put down.

And you need to be paid conpensation.

Your previous amount may compromise your postion in a later action - take legal advice and possibl yascribe it to costs - I don't think it would cover damages for something like this.

Does the lady have a dog license?

ONQ.


----------



## monascribe18 (17 Dec 2009)

About 3 years ago my friends dog had attacked a neighbour who was drunk and on foot she was calling into the house on a visit,with her being drunk perhaps that was why the dog attacked her and grabbed her by the upper arm resulting in lacerations,she sued and was awarded £28,000 damages,the dog was a doberman and was not ordered to be put down


----------



## truthseeker (17 Dec 2009)

monascribe18 said:


> with her being drunk perhaps that was why the dog attacked her


 
I would be more inclined to think the dog attacked her because the owner did not have it under control.

This country is a disgrace of irresponsible dog owners - and worse, people who laugh and tell you to suck it up when you do report being bitten.

A dog attack can be a very serious act - depending on the size of a dog and human involved. An adult male rottweiller, doberman, pit bull could easily kill an adult human - we hear the stories in the media about children being killed by 'dangerous' breeds, but any breed not under control is dangerous - and not just to children.

We have a constant problem locally with a couple of vicious Yorkies, I posted about it here before and most people made fun of it. I am not afraid of tiny Yorkies personally, but these dogs are aggressive and its not my own safety that concerns me, someday one of these little yoks is going to attack a child. And despite being a small dog, they are capable of inflicting damage on a child.

I am a totally zero tolerance dog lover. If a dog is not being kept under control, then the dog should be removed from the owner. If that means putting the dog down - then so be it.


----------



## csirl (17 Dec 2009)

I think this is a serious issue. The dog should be put down full stop. If a kid had cycled or walked past, we could have been looking at something a lot more serious. One of my brothers was attacked by a dog (family pet) when he was young and spend weeks in hospital and has scaring. This is no trivial matter.


----------



## LinuxKing (17 Dec 2009)

Bronte said:


> That picture of the bite looks serious and I echo the earlier comments what if that were your child of 5 or 6 would your comments to the OP be the same. Dog owners need to be more serious in their control of dogs.



That's the exact same point that I made to the owner. I can take that bite on my leg (it cleared up after a couple of weeks), but if it was a child it would be more serious. She just said that "he's very calm dog normally. It's just when he sees people on bicycles he gets excited", which for me equates to the dog being dangerous. 

But my questions still boils down to: a) Do I have the right to ask the guard for a statement confirming that he witnessed them admitting liability? and b) Do I have the right to threaten to have the dog put if they dont pay me?


----------



## GarBow (17 Dec 2009)

LinuxKing said:


> b) Do I have the right to threaten to have the dog put if they dont pay me?


 
You have a moral duty to seek for the dog to be put down after seeing that injury. 

It's ridiculous to use it as leverage to get payment.


----------



## Rois (17 Dec 2009)

Apologies OP for trivialising your complaint initially.

A dog that is capable of causing your injury should be put down. The owner should also be penalised for not having her dog under control. 

Good luck.


----------



## ANGEM (17 Dec 2009)

my dog was attacked last week by an alastation the vet said from the injuries she suffered it was trying to kill her thankfully she is recovering. I called to the owners house to be told our dog wont do that this dog is still out on its own everyday no muzzle completely free to roam any where. The dog warden whilst very nice does not have the power to do anything other then take a dog when he catches it out unmuzzeld other then that you have to get a gardai who is willing to get involved.


----------



## LinuxKing (24 Dec 2009)

thanks again to contributors, 



> GarBow - You have a moral duty to seek for the dog to be put down after seeing that injury. It's ridiculous to use it as leverage to get payment.



I agree with you Garbow, but if morals worked they would have paid me and this would be a non issue. Also, the guards would have insured from the previous "biting of random cyclist" incident that the dog had been secured. Being the moral guardian of society is not my brief, nor do I have the authority to assume such a role. 

I've tried to be moral by a) charging them only what it cost me and b) not getting the dog (which I'm sure means the world to them even though it's a brute) put down. *I now need to know how to get the money back. 
*
I have had no definite answer to my questions here so I am gonna proceed with changing track. I am gonna send the bill to the owner of the premises (her father),  seeing as how she (the owner of the dog) would not pay..


----------



## LLDLY (24 Dec 2009)

Small claims court seems the logical route


----------



## Romulan (24 Dec 2009)

The dog needs to be put down.  Full Stop.  Its rare to get a rogue dog, usually the owners fault but it could be a child next.

Could you claim from the owners insurance?  House insurance normally covers some Public Liability.  Ask the Guards to call and get the policy details if necessary.


----------



## SparkRite (24 Dec 2009)

LLDLY said:


> Small claims court seems the logical route


 
The SCC only deal with consumer complaints and suck like.

Not pertinent in this case.


----------

