Live in the country. Outside city limits in Texas and am considered county, My dog attacked a jogger today sadly. I was mortified and everything happened so fast. I knew animal control would be here for him in no time and they did show up and took for quarantine. Now the young lady injured I assume lives close by but I was never given those details. According to animal control office the bight did substantial damage to her arm, I am so upset this happened to her, and pray she is okay. It will be inevitable that there will be a law suit. I have a few questions:
1: I have my own place on my fathers property. Can she sue my father or just me as I am owner of dogs.
2: I am on social security for a disability. Can they go after that money? It is all I have? I am a single mom and have a child that is also disabled. Would have nothing if they did. Loose everything.
3. I do have a building on property that I rent to own- can they take it as far as an asset?
4. Last year I had an incident where a male I had at the time also bit a jogger. Very tiny and barley punctured skin. I gave him to someone who always wanted him as I did not want another incident like this. I also have other dogs of same breed that are all very sweet. This particular dog is huge but has some serious fear issues even after thousands on training. We took in a dog that was a rescue and had an accidental breeding so he stated He could since second report different dogs he would deem my dogs vicious via a court process and order me to get rid of every dog. Now the puppies born are a wek from joing new owners but there are a few remaining. I can understand the one that bit but my the others. I know with incident does not look good on me. We compete with our dogs and they are family pets and not you average ignored back yard dog. Our dogs are our life and feel like dying inside. I am scared my dogs will go and I will be left penniless.

Please HELP!!

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Originally Posted by Worried sick

1: I have my own place on my fathers property. Can she sue my father or just me as I am owner of dogs.

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Hello W:

Depending on how the property is held, and depending on WHO has homeowners insurance, it's YET to be determined who will be sued. You SHOULD have it. If you don't, they'll go after your fathers. If NEITHER of you have it, your personal assets are at risk.

If it were me, I'd do EVERYTHING I could to find the victim and go SEE her personally to extend your apologies...

excon

Do you have insurance? If so, report it to them. They may be able to attach some portion of your social security or other assets if they get a judgment.

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Originally Posted by Worried sick

2: I am on social security for a disability. Can they go after that money? It is all I have? I am a single mom and have a child that is also disabled. Would have nothing if they did. Loose everything.

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I may get flack for this, but I have to ask. If you have a limited income, then why are you spending it on pets? I could understand if they were a source of income, but that doesn't appear to be the case.

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Originally Posted by excon

Hello W:

Depending on how the property is held, and depending on WHO has homeowners insurance, it's YET to be determined who will be sued. You SHOULD have it. If you don't, they'll go after your fathers. If NEITHER of you have it, your personal assets are at risk.

If it were me, I'd do EVERYTHING I could to find the victim and go SEE her personally to extend your apologies...

excon

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Hi, I did run out to the street frantically worried about her. Could not visually see her arm but hear it was bad and she will need medical attention. I tried to help but she kept walking and said she wanted to go home. I want back to my house and simply waited as I knew they would arrive shorty. I am so broken hearted for her. So tragic and unexpected. I am now having panic attacks and severe anxiety over all of this. I live here on my fathers property and he is the homeowner. I was reading on line about the one dog bite rule. I am wondering if it applies to Texas?

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Originally Posted by ScottGem

Do you have insurance? If so, report it to them. They may be able to attach some portion of your social security or other assets if they get a judgment.



I may get flack for this, but I have to ask. If you have a limited income, then why are you spending it on pets? I could understand if they were a source of income, but that doesn't appear to be the case.

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I personally do not have insurance.
No offence taken. Once I was a thriving individual and these guys were incredible competitive working dogs. Now with my health down the drain and economy I can no longer keep up. But this was 15,000 dollar investment when I was a working member of society. If they go everything I have worked hard to get at is gone.

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Originally Posted by Worried sick

But this was 15,000 dollar investment when I was a working member of society. If they go everything I have worked hard to get at is gone.

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Fair enough!

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Originally Posted by Worried sick

I was reading on line about the one dog bite rule. I am wondering if it applies to Texas?

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Hello again, W:

Couple things.. I'm a pet owner. I LOVE my pets too. But, it wouldn't matter HOW much I loved my dog, if he MAULED somebody, I'd be the FIRST to put him down.. You seem to be more worried about HIM and your other dogs, than the lady your dog bit.

Yes, you tried to talk to her and it didn't work. Try AGAIN. I'm SURE you can find her.. I'm not only suggesting this because it's the RIGHT thing to do. But, it might reduce the amount of "pain and suffering" she asks for in her lawsuit.

Finally, they'll go after your fathers insurance... But, I wouldn't WAIT till they inquired. Be PROACTIVE and make the claim yourself. You HURT this lady. Act like you're sorry about it.

excon

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Originally Posted by Worried sick

... so he stated He could since second report different dogs he would deem my dogs vicious via a court process and order me to get rid of every dog. ...

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This "he" would be the animal control officer?

Ask him to give you a copy of his incident report. And also, of the county animal control ordinance (if there is one). And, as the others have said, be sure to report this to your father's insurance company right away.

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Originally Posted by AK lawyer

This "he" would be the animal control officer?

Ask him to give you a copy of his incident report. And also, of the county animal control ordinance (if there is one). And, as the others have said, be sure to report this to your father's insurance company right away.

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Thanks for the advice.
Yes "He" is the animal control officer. Someone in fact has contacted my father. Unsure if County?? Hard to have to explain what happened as I have indirectly now effected his life and he has enough stress with the loss of his mother and brother a month apart.
We do have an ordinance online which I looked up. I am so sick over this for everyone. Especially the victim. Our lives will be forever changed by this day.

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Originally Posted by excon

Hello again, W:

Couple things.. I'm a pet owner. I LOVE my pets too. But, it wouldn't matter HOW much I loved my dog, if he MAULED somebody, I'd be the FIRST to put him down.. You seem to be more worried about HIM and your other dogs, than the lady your dog bit.

Yes, you tried to talk to her and it didn't work. Try AGAIN. I'm SURE you can find her.. I'm not only suggesting this because it's the RIGHT thing to do. But, it might reduce the amount of "pain and suffering" she asks for in her lawsuit.

Finally, they'll go after your fathers insurance... But, I wouldn't WAIT till they inquired. Be PROACTIVE and make the claim yourself. You HURT this lady. Act like you're sorry about it.

excon

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Actually, I am worried sick for her to the point that I am now sick. I have tried contacting aniaml control officer to see what I can find out. He was out on a call so I left message. I am the first to say he needs to be put down however why make my other dogs go. They were not the ones who bit her. I am sure my father will call his homeowners insurance today.

I'm a liability investigator but not in Texas, in NY - I'm also a dog owner. I have no patience for "mistake breeding." A responsible owner's dog does not have an "accidental/mistake breeding" resulting in MORE puppies.

You refer to an attack, not a bite. What happened? Who was controlling the dog, responsible for the dog at the time? How did the dog get to the jogger?

Same with the last bite - what were the circumstances?

My feeling is, yes, you will be sued. The owner of the property where the dog was staying will be sued, as will the person who was "responsible" for the dog. If the jogger was badly injured she will cover all of her legal bases.

I semi-disagree with my colleague, excon - I've seen apologies go terribly, terribly wrong when the apology is all about how the owner cannot afford the bills, not about how sorry he/she is. Same with auto accidents. The jogger is most probably upset and injured and in pain - no way of knowing what her reaction would be.

What breed are your dogs? There is a higher standard when you own a "bully" or "dangerous" breed. I have a GSD and a Rott and I KNOW I am more responsible for them not hurting anyone, for keeping close watch on them, than I would be if they were, for example, poodles.

I trust your father notified the insurance company that the dogs were on the property and the company won't disallow the claim?

You've been through this before - you should know how the law works: http://www.animallaw.info/statutes/stustx822_041.htm

Note the regulations for confining the dog and safeguarding the public.