Woman Refuses To Pay $3,000 After Her Dog Bit A Neighbor Who Broke Into Her House
Interview With AuthorSometimes, even the most responsible pet owners find themselves in tough situations. In a post on r/ApartmentLiving, Reddit user Medium-Audience5078 shared how an elderly neighbor wandered into her home while she stepped out for a moment to take out the trash. As the security camera footage revealed, the lady sat on the sofa, confused the woman’s dog for her own, and got bit. Though the injury was minor and the Redditor apologized, the lady’s son is demanding she cover the medical bills and other expenses.
This woman stepped outside just for a few minutes, but when she came back to her house she found out that her dog had bitten her neighbor
Image credits: Manel Vazquez/Unsplash (not the actual photo)
However, the animal was inside when she left
Image credits: shotprime/Envato (not the actual photo)
Image credits: Medium-Audience5078
In many places, determining if it’s the victim or the owner who’s responsible for a dog bite depends on whether or not the animal was provoked
We got in touch with the author of the post and she said she’s new to the area.
“I just moved into the neighborhood a few months ago, and [this incident aside] I do like it!” the Redditor told Bored Panda. “My pups love it too.”
However, “I’ve never seen the elderly lady before at all. I don’t even know where she came from! She completely got away from her caregiver and I’m unsure for how long,” the woman added.
According to a survey by FindLaw, the most common neighbor conflicts are about:
- Noise (48% of all disputes). Whether it be from raucous late-night parties or maybe different sleep schedules that result in one neighbor waking up the other, noise is the number one way to annoy people living around you.
- Pets and animals (29%). Pets and animals can be tricky to deal with directly, since it is the animal that is causing the problem and not the owner. However, at times the issue stems from the owner’s failure to properly handle or train their animal.
- Children’s behavior (21%). Much like pets, children being loud or even running onto your property can be the result of their parents — i.e., your adult neighbors — not properly looking after them. Local laws may even hold the kids’ parents liable for damages.
- A visual nuisance, the property’s appearance, trash, etc. (18%). Many eyesores, such as unkempt lawns, offensive signs, or overflowing trash cans can also lead to infighting within neighborhoods.
- Property boundaries (17%). In these types of disputes, neighbors often are mistaken about where their property begins and ends.
While pet-related issues are quite frequent, this particular one is different. It’s difficult to refute that the dog was simply reacting to an unexpected intruder.
Image credits: Konrad Koller/Unsplash (not the actual photo)
The experts at Hernandez Law Group say that determining who’s at fault for a dog bite – the victim or the owner of the animal – depends on whether or not the victim provoked the dog.
“By law, provocation is any action from an individual that elicits a radical change in the dog’s behavior. This principle determines who is at fault when a victim seeks compensation for medical expenses and damages after a bite,” they explain.
In Texas, for example, it is known as the “one bite rule.”
“This rule states that an owner will be held liable for damages caused by an animal known to be dangerous or that has the potential to be dangerous. However, if the animal has no record of being aggressive, the defendant must prove that the animal was aggressive before they can gain compensation for their injuries,” the legal experts say.
Examples of provoking behavior include:
- Hitting the dog;
- Trapping the dog in a small space;
- Startling the dog;
- Stepping on its tail;
- Pulling on its tail, ears, legs, or fur.
It sounds like an unannounced “visit” such as the one described in the Reddit post could definitely be considered a provocation.
What’s worse, the author of the post learned that the lady’s son was deliberately trying to take advantage of the situation. “My dog literally just nipped her, it was nothing major at all. It turns out he never took her to the doctor and he thought he could get money out of me. I guess he didn’t look up the laws in my state… They see it as she broke into my house and I’m not liable at all.”
“Honestly, I just want the elderly lady to get the proper care that she needs!” the woman added. “The fact that she was able to get away like that is insane.”
As her story went viral, the woman provided more information in the comments
People have had a lot of reactions to the whole ordeal
Eventually, the woman got in touch with a lawyer, and her worries disappeared after learning she wasn’t liable
Image credits: Medium-Audience5078
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When our dog (a big Anatolian Shepherd) chased and nipped a process server who entered our securely gated, properly addressed, and clearly posted yard in a rural area because he got the address wrong he reported the incident and tried to sue us for keeping a "dangerous dog". When the cops came around (they conveniently notified us in advance because (1) they knew us and the dog and (2) the guy had a bad rep in the neighborhood) I made sure our groundskeeper's 6 yo son was on hand. (See pic.) Cops filed a report saying the dog was not dangerous and he was only doing his job. The suit was eventually dismissed. isaak-urge...2cb378.jpg
The neighbor saw OP as a cash cow. He knew full well that his mother had a tendency to wander, but after all, who wouldn't be sympathetic to an Alzheimer's patient? I hope that Adult Protective Services steps in and removes that poor woman from her son's care, and charges him with elder abuse and neglect. That "caretaker" needs to be handled as well. I'll bet that either she was the cheapest one at the agency, or she wasn't qualified to begin with.
I agree, and feel sorry for the older lady who's clearly unwell and probably not getting proper care either from her son or the caretaker!
Load More Replies...Son saw an easy payday but didn't have the intelligence to think it through properly.
You come into my house uninvited, and I'll probably bite you before my 4 pooches get a chance.
For sure. My (single) dog was not enthused about meeting new people when I first adopted her. In the years since she has become lots more open to, and at times enthusiastic about meeting people. With the exception of the family of tRumpers across the street, she still doesn't like them, but who can blame her?
Load More Replies...Seems to me the caregiver is responsible. If anyone is. If mom wander away unnoticed. Son is looking for "easy" money.
The son is obviously just trying to get money out of a scare tactic to the homeowner, attempting to extort her and it didn't work. I'm glad she involved animal control in the police, kept all records and did everything right. But here's a question. What if the woman had gone into her house and injured the dog (or heaven forbid a small child)? If she was a violently confused or if she was genuinely afraid and threw something at the dog for instance. Of course taking care of the dog / vet visits etc would be op's primary concern but after that? How would that be addressed. The woman wouldn't be responsible for our actions because she has Alzheimer's. The caretaker says the woman got away from her. The Sun employs a caretaker to take care of the woman. What financial compensation for veterinary bills would she have if the animal had been injured.
The advice regarding posting a 'Beware of Dog" sign must be taken with care. There are jurisdictions where such a sign may be taken as evidence that you knowingly have a dangerous dog on your premises. Investigate your local laws first.
Not everything is a lawsuit and not every bad thing that happens has a person/entity that is at fault or responsible for it. Sometimes ship just happens.
I'd tell the son to crumple up that bill and rub some warm butter on it.
If the dog wandered into the Mom's house and the Mom bite the dog, that would be the responsibility of the dog's caretaker.
I thought $3,000 sounded ridiculous. A nip from a dog is obviously something you just go to urgent care for. Not sure how much that costs without insurance, but it certainly couldn’t be more than a few hundred dollars (and this woman most likely is on Medicare, so she isn’t uninsured anyway).
It was also for emotional distress and him missing work as I understood it?
Load More Replies...I'd tell the son I'm reporting him to adult protective services since he's clearly not up to looking after his mother in his home and she needs to be in a facility that can care for her.
Your house, your private domain, its not your problem she walked in dementia or not, that constitutes as illegal entry, the perp should pay her own medical bill.
When our dog (a big Anatolian Shepherd) chased and nipped a process server who entered our securely gated, properly addressed, and clearly posted yard in a rural area because he got the address wrong he reported the incident and tried to sue us for keeping a "dangerous dog". When the cops came around (they conveniently notified us in advance because (1) they knew us and the dog and (2) the guy had a bad rep in the neighborhood) I made sure our groundskeeper's 6 yo son was on hand. (See pic.) Cops filed a report saying the dog was not dangerous and he was only doing his job. The suit was eventually dismissed. isaak-urge...2cb378.jpg
The neighbor saw OP as a cash cow. He knew full well that his mother had a tendency to wander, but after all, who wouldn't be sympathetic to an Alzheimer's patient? I hope that Adult Protective Services steps in and removes that poor woman from her son's care, and charges him with elder abuse and neglect. That "caretaker" needs to be handled as well. I'll bet that either she was the cheapest one at the agency, or she wasn't qualified to begin with.
I agree, and feel sorry for the older lady who's clearly unwell and probably not getting proper care either from her son or the caretaker!
Load More Replies...Son saw an easy payday but didn't have the intelligence to think it through properly.
You come into my house uninvited, and I'll probably bite you before my 4 pooches get a chance.
For sure. My (single) dog was not enthused about meeting new people when I first adopted her. In the years since she has become lots more open to, and at times enthusiastic about meeting people. With the exception of the family of tRumpers across the street, she still doesn't like them, but who can blame her?
Load More Replies...Seems to me the caregiver is responsible. If anyone is. If mom wander away unnoticed. Son is looking for "easy" money.
The son is obviously just trying to get money out of a scare tactic to the homeowner, attempting to extort her and it didn't work. I'm glad she involved animal control in the police, kept all records and did everything right. But here's a question. What if the woman had gone into her house and injured the dog (or heaven forbid a small child)? If she was a violently confused or if she was genuinely afraid and threw something at the dog for instance. Of course taking care of the dog / vet visits etc would be op's primary concern but after that? How would that be addressed. The woman wouldn't be responsible for our actions because she has Alzheimer's. The caretaker says the woman got away from her. The Sun employs a caretaker to take care of the woman. What financial compensation for veterinary bills would she have if the animal had been injured.
The advice regarding posting a 'Beware of Dog" sign must be taken with care. There are jurisdictions where such a sign may be taken as evidence that you knowingly have a dangerous dog on your premises. Investigate your local laws first.
Not everything is a lawsuit and not every bad thing that happens has a person/entity that is at fault or responsible for it. Sometimes ship just happens.
I'd tell the son to crumple up that bill and rub some warm butter on it.
If the dog wandered into the Mom's house and the Mom bite the dog, that would be the responsibility of the dog's caretaker.
I thought $3,000 sounded ridiculous. A nip from a dog is obviously something you just go to urgent care for. Not sure how much that costs without insurance, but it certainly couldn’t be more than a few hundred dollars (and this woman most likely is on Medicare, so she isn’t uninsured anyway).
It was also for emotional distress and him missing work as I understood it?
Load More Replies...I'd tell the son I'm reporting him to adult protective services since he's clearly not up to looking after his mother in his home and she needs to be in a facility that can care for her.
Your house, your private domain, its not your problem she walked in dementia or not, that constitutes as illegal entry, the perp should pay her own medical bill.
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