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  #1 (permalink)  
Old 07-11-2008, 11:01 PM
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Default Animal attack - owner is abusive and threatening!

Hi,

My parents were attacked by a dog while they were taking a walk in the suburbs of Chicago. They were pushed to the ground when the dog jumped on them. As a result, my father fell to the ground and broke his forearm in two places, which required emergency surgery in the ER to fix it. The owner of the dog, who was at the scene did nothing, but laugh when this happend and walked away with the dog, not even apologizing and helping my parents up!

My brother (with whom my parents are staying, since they are visiting the US) traced the owner today and mentioned about this incident and he was very abusive and threatened to hurt my brother physically if he did not leave his property. He also lied about the entire incident, totally changing the story as if he was the victim!

My brother has filed a police report and is pursuing legal channels to subpoena this guy. What else could be done in order to get damages for psychological trauma and the physical damage, and also the payment of hospital bills and for the surgery to the arm?

Please advise.

Thanks.
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  #2 (permalink)  
Old 07-12-2008, 05:27 AM
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Quote:
Originally Posted by ardent_guy View Post
Hi,

My parents were attacked by a dog while they were taking a walk in the suburbs of Chicago. They were pushed to the ground when the dog jumped on them. As a result, my father fell to the ground and broke his forearm in two places, which required emergency surgery in the ER to fix it. The owner of the dog, who was at the scene did nothing, but laugh when this happend and walked away with the dog, not even apologizing and helping my parents up!

My brother (with whom my parents are staying, since they are visiting the US) traced the owner today and mentioned about this incident and he was very abusive and threatened to hurt my brother physically if he did not leave his property. He also lied about the entire incident, totally changing the story as if he was the victim!

My brother has filed a police report and is pursuing legal channels to subpoena this guy. What else could be done in order to get damages for psychological trauma and the physical damage, and also the payment of hospital bills and for the surgery to the arm?

Please advise.

Thanks.

Your brother filed a report--hopefully it was regarding the incident at the alleged defendants house--and not about the incident in which your parents were hurt.

Now, have the actual INJURED party ( not your brother ) go to the police and make a report. Your bother cannot bring a cause of action against the alleged defendant FOR your parents---they must do it. Filing a police report would be been the best thing to do from the start and let the police handle it from there. You may want to also call animal control ( ask the police if you need to do this --- they may have protocol in place already to automatically do this) and notify them of an animal you feel is dangerous.

Keep records, and if and when a criminal case is made, you should be able to seek civil remedy as well. In fact, even if a criminal case is not made, you can still sue civilly, but having won a criminal case against the alleged defendant first is always helpful in substantating and proving damages.

Good luck.
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  #3 (permalink)  
Old 07-12-2008, 10:28 AM
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Join Date: Jul 2008
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Default

Thanks Gentle...The police report was filed both, when the incident took place and also after discovering the address of the owner (since we didnt know who the owner was and where he resided, in order to file a police report)...For the first police report, my mother accompanied my brother since she was at the scene and she fell to the ground as well (fortunately didnt suffer any injuries) and gave a description of the dog (it didnt bite but jumped on them which pushed them to the ground)...

My father was in the hospital all of this week, so he couldnt be there to file the report. Last night, after we found the owner and his residence, my brother went to the police to report the address of the person and mentioned his behavior (abusive, threatening and racist)...The cops said they'll go to his house and confront him or talk to him..they initially said they couldnt do much in this case, other than issue a violation ticket for not keeping the dog under leash where it was supposed to be under leash. They suggested that we could pursue legal channels and file a civil lawsuit.

what would be the grounds for a criminal lawsuit? We were in his property (had to be, since my brother went door to door to find out who the owner was and where he resided)....My mother was with him whenever this was done so she could identify the owner/dog from the scene. He seemed to be a bit inebriated and was hurling strong abusive language and threatened to attack physically if they wanted to settle this! My brother had to leave soon as it wouldnt help resolve the issue and went straight to the cops to explain this to them in brief.

Please advise.
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Old 07-13-2008, 07:34 AM
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Quote:
Originally Posted by ardent_guy View Post
Thanks Gentle...The police report was filed both, when the incident took place and also after discovering the address of the owner (since we didnt know who the owner was and where he resided, in order to file a police report)...For the first police report, my mother accompanied my brother since she was at the scene and she fell to the ground as well (fortunately didnt suffer any injuries) and gave a description of the dog (it didnt bite but jumped on them which pushed them to the ground)...

My father was in the hospital all of this week, so he couldnt be there to file the report. Last night, after we found the owner and his residence, my brother went to the police to report the address of the person and mentioned his behavior (abusive, threatening and racist)...The cops said they'll go to his house and confront him or talk to him..they initially said they couldnt do much in this case, other than issue a violation ticket for not keeping the dog under leash where it was supposed to be under leash. They suggested that we could pursue legal channels and file a civil lawsuit.

what would be the grounds for a criminal lawsuit? We were in his property (had to be, since my brother went door to door to find out who the owner was and where he resided)....My mother was with him whenever this was done so she could identify the owner/dog from the scene. He seemed to be a bit inebriated and was hurling strong abusive language and threatened to attack physically if they wanted to settle this! My brother had to leave soon as it wouldnt help resolve the issue and went straight to the cops to explain this to them in brief.

Please advise.

It isn't a criminal lawusit, per se. It is criminal charges, and the police, from what you are saying, feel a crime wasn't committed, aside from a citation for not having the dog on a leash. That would be the end of them being criminally charged if the police do not pursue it further.

But, you can still sue civilly. Are there witnesses to this? ( Not the confrontation) but the first incident? I would contact any witnesses and begin a paper trail. This means your parents should contact the gentleman IN WRITING ( do not worsen the situation by attempting to contact him in person again) via registered letter and inform him of your fathers injuries and provide him with documentation and ask him to respond in writing regarding his intentions within 30 days. If he does not respond or if his response is anything other than payment ( which I suspect it will be) file in small claims court--include witnesses ( if any ) and any evidence from the issuing of a ticket, if there was one. Note:

Good luck.
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  #5 (permalink)  
Old 07-13-2008, 07:35 AM
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Posts: 1,628
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Quote:
Originally Posted by ardent_guy View Post
Thanks Gentle...The police report was filed both, when the incident took place and also after discovering the address of the owner (since we didnt know who the owner was and where he resided, in order to file a police report)...For the first police report, my mother accompanied my brother since she was at the scene and she fell to the ground as well (fortunately didnt suffer any injuries) and gave a description of the dog (it didnt bite but jumped on them which pushed them to the ground)...

My father was in the hospital all of this week, so he couldnt be there to file the report. Last night, after we found the owner and his residence, my brother went to the police to report the address of the person and mentioned his behavior (abusive, threatening and racist)...The cops said they'll go to his house and confront him or talk to him..they initially said they couldnt do much in this case, other than issue a violation ticket for not keeping the dog under leash where it was supposed to be under leash. They suggested that we could pursue legal channels and file a civil lawsuit.

what would be the grounds for a criminal lawsuit? We were in his property (had to be, since my brother went door to door to find out who the owner was and where he resided)....My mother was with him whenever this was done so she could identify the owner/dog from the scene. He seemed to be a bit inebriated and was hurling strong abusive language and threatened to attack physically if they wanted to settle this! My brother had to leave soon as it wouldnt help resolve the issue and went straight to the cops to explain this to them in brief.

Please advise.

It isn't a criminal lawusit, per se. It is criminal charges, and the police, from what you are saying, feel a crime wasn't committed, aside from a citation for not having the dog on a leash. That would be the end of them being criminally charged if the police do not pursue it further.

But, you can still sue civilly. Are there witnesses to this? ( Not the confrontation) but the first incident? I would contact any witnesses and begin a paper trail. This means your parents should contact the gentleman IN WRITING ( do not worsen the situation by attempting to contact him in person again) via registered letter and inform him of your fathers injuries and provide him with documentation and ask him to respond in writing regarding his intentions within 30 days. If he does not respond or if his response is anything other than payment ( which I suspect it will be) file in small claims court--include witnesses ( if any ) and any evidence from the issuing of a ticket, if there was one. Note: Do NOT call the alleged defendant, and do not go to his house or give him any grounds to say he has been harassed. Only communicate with him in writing.

Good luck.
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