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  • #21
    I have heard tales of people successfully suing after being bitten during the commission of a crime, but i'm inclined to think it's one of those urban legends designed to worry the neurotic. I can't find any actual documentation of it ever happening. I also can't find VT statutes on dangerous dogs (definition, etc) but here is a page from a Mass. lawyer which states that "Massachusetts has one of the toughest laws in the nation aimed at protecting people from dog bites, especially young children." and "A dog owner is strictly liable for injuries caused by the animal unless the victim was trespassing, abusing the dog or involved in the commission of a crime at the time of the attack."

    So if Mass has some of the toughest bite laws and even they feel that an owner isn't liable if the dog bit during the commission of a crime, I think you'll be fine.

    It chaps my ass that anyone feels they have a right to sue for anything after victimizing another, let alone have the gall to ask for a pet doing its duty to be euthed, but it is possible that an over zealous lawyer made the suggestion.

    I am a younger female who lives in urban environments; I always have very, very large dogs. I enjoy the heck out of them and would have giant pups regardless of where I lived, but part of their role in my life is certainly to play security system and, should push come to shove, defend me, with their lives if need be. This is the solemn contract written in drool and love when a new dog comes home with me. We will cuddle and play. You will have warm soft places to snooze, the best diet & veterinary care I can afford, toys and treats and interesting things to do, for all the years of your life, which I hope are long and peaceful. All I ask in return is that you look cute and should I ever be threatened, you kick the SHI* out of whoever is threatening me. I will do the same for you, but this is your job offer, and I hope you'll sign on. I've never had a dog turn it down. Never had to exploit the other end of the contract fully either, thankfully, although it's been close a few times and all canine employees have shown a willingness to hold up their end of the deal. That's what dogs are for. Love, companionship and true loyalty, no matter the situation. It's in their systems from years of partnership with humans, not something they need to be trained to do. They know it's a pretty sweet deal.

    I am SO sorry this happened but SO glad Dixie was there for you & did her job! Second the suggestion to contact the landlord & news stations as well. Give Dixie alllllllllll the cookies. She has earned them. What a good, good girl.
    bar.ka think u al.l. susp.ect
    free bar.ka and tidy rabbit

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    • #22
      I would go down to the police station and fill out a warrant for breaking and entering, attempted burglary and anything else you can think of. I bet he thought you had all gone for the holiday, and he could steal whatever he wanted. I would bet his buddies or the girlfriend were waiting downstairs for him to open the door too. And I would call the landlord now and demand that they install a dead bolt on the door. If any of those people come on your property again I would press trespassing charges too. Don't let the cops or anyone gloss this over, and I will bet it won't be this guy's first offense either.
      Last edited by JanM; Nov. 23, 2012, 06:08 PM.
      You can't fix stupid-Ron White

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      • #23
        Originally posted by JanM View Post
        I would go down to the police station and fill out a warrant for breaking and entering, attempted burglary and anything else you can think of. I bet he thought you had all gone for the holiday, and he could steal whatever he wanted. I would be his buddies or the girlfriend were waiting downstairs for him to open the door too. And I would call the landlord now and demand that they install a dead bolt on the door. If any of those people come on your property again I would press trespassing charges too. Don't let the cops or anyone gloss this over, and I will bet it won't be this guy's first offense either.
        THIS^^^. Make sure you file charges. Don't let the police tell you "it will be a waste of time". And i'd be trying to get your landlord to evict them.

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        • #24
          I'd say he's guilty of breaking and entering and tresspass (and stupidity and cupidity) at the very least. He's also very lucky you didn't have a gun and the most he got was a nip. I'd press things with the police / criminal justice system.
          Delicious strawberry flavored death!

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          • #25
            Originally Posted by JanM
            I would go down to the police station and fill out a warrant for breaking and entering, attempted burglary and anything else you can think of. I bet he thought you had all gone for the holiday, and he could steal whatever he wanted. I would be his buddies or the girlfriend were waiting downstairs for him to open the door too. And I would call the landlord now and demand that they install a dead bolt on the door. If any of those people come on your property again I would press trespassing charges too. Don't let the cops or anyone gloss this over, and I will bet it won't be this guy's first offense either.



            THIS^^^. Make sure you file charges. Don't let the police tell you "it will be a waste of time". And i'd be trying to get your landlord to evict them.
            Yup, all of the above.
            suze
            http://www.cafepress.com/horses_by_hawk

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            • #26
              Good for Dixie...and lucky for you!! In Oklahoma you would have been justified in shooting the SOB!! He got off lucky with a dog bite!!
              www.crosscreeksporthorses.com
              Breeders of Painted Thoroughbreds and Uniquely Painted Irish Sport Horses in Northeast Oklahoma

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              • #27
                Buy that pup a steak. As another poster suggested, get the local media involved. They love human/canine interest stories.

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                • #28
                  Of course, I don't know anything about the law in your state. In mine, our dog bite statute has an exception in cases where the person bitten provoked the dog, which certainly applies here. That would mean that you are not civilly liable to pay for DipSh!t's injuries.

                  As for having the dog put down, I would think a "vicious dog law" would control. Again, most of these laws have an exception for a dog who is provoked or bites a trespasser or someone in the process of committing a more serious crime.

                  Speaking of which, I don't get why this guy isn't being charged with burglary. Breaking and entering a dwelling place in the nighttime with the intent of taking away property (or committing another felony) is pretty much the definition. Sure he says he was just messin' with you - but at least in my county the police aren't in the habit of taking the suspect's word for it.

                  Burglary gets one sent away for decades. Maybe someone should point out to Dipsh!t that it'd be in his best interest to make nice with y'all about now. I'd imagine what charges the solicitor brings would depend on what he thought he could prove. And so much of what the solicitor could prove depends on you, no?
                  I'm not ignoring the rules. I'm interpreting the rules. Tamal, The Great British Baking Show

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                  • #29
                    ALWAYS create a paper trail

                    You've gotten some very good advice here. Do not delay, press charges and ask your landlord for an eviction, also written and copied. (Because this documentation will get the landlord on the hook, too, if he ignores it) If this is the same unit with "Loompa" (or whatever that creature is) it's about time the landlord evicted them.

                    Create a paper trail, keep copies of the documentation, don't just wait for "the next" thing to happen or let this blow over. I seriously doubt that just "messin" with you was what was on his mind, like, he was going to tell the truth?

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                    • #30
                      I'm somewhat familiar with Vermont (lived there as a teenager, sister and BIL have lived there for 40 years.) Vermont has REALLY strong laws that favor the land-owner against trespassers. You don't technically "own" your apartment, but you were defending your home. I third and fourth the people who have told you to go to the police and file criminal complaints against the a$$hat for trespassing, breaking & entering, threatening bodily harm, and anything else you can throw at him. I think your dog is probably safe from legal action because he was defending your property, but make sure you have a legal paper trail.
                      I realize that I'm generalizing here, but as is often the case when I generalize, I don't care. ~ Dave Barry

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                      • #31
                        I can't believe anyone let him get away without a trip to jail. Heaven only knows what he was really up to, and his idea that he'll get out of this is ridiculous. He's just lucky he didn't leave in a body bag. In my neighborhood (lots of active duty military, and most with special training) he would have been very sorry for breaking into a house, and probably full of bullet holes. Of course, where I live "He needed Killing" is a legitimate defense, and if they are in your house the next place you'll see them is jail or the morgue if they get caught.
                        You can't fix stupid-Ron White

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                        • #32
                          I would press charges, or at the very least file a report of the incident with the local police (or ask for a copy of the report if one has been filed from the 911 call). Start that paper trail rolling because with these people you never know where it may lead.

                          I would also call their landlord and tell them what was going on, and forward a copy of the police report. If this had been the first incident with these people, I wouldn't make such a big deal of it as it seems to be just a stupid prank, but with the back history ? Oh no, let 'em have it.

                          I'm no lawyer either, but this person was clearly trespassing where he didn't belong and was NOT invited to be, and your dog was defending you. Serves is @ss right that he got chewed up! That would be like him climbing onto your balcony from the outside, then him falling to the ground and breaking his leg or something. NOT your problem.

                          Give Dixie a pat and an 'atta girl' from me !

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                          • #33
                            Around here, breaking into an occupied home is automatically aggravated burglary - a felony.

                            I would press charges, consult with your lawyer, and call the landlord.

                            Sounds like your neighbors are the ones who should be euthed...
                            "Are you yawning? You don't ride well enough to yawn. I can yawn, because I ride better than you. Meredith Michael Beerbaum can yawn. But you? Not so much..."
                            -George Morris

                            Comment


                            • #34
                              Wow. - Did this wacko dude open the doors to your house and thus get bit?
                              IMO the dog is not in any material risk at the moment, but I would agree w/ other posters. Do not just sit back and count the days until you move - I'd file every type of report I could think of, and fast. Press charges. Sure the guy says he was just messing around, ha ha. But would he ever admit a real reason - could have been theft, could have been attack to you or child, could have been any number of things. I'd make his life as miserable as possible.
                              We don't get less brave; we get a bigger sense of self-preservation........

                              Comment


                              • #35
                                I read the first few replies and everyone seems to have things covered but are you all right? He's lucky he didn't break into my home, he'd have a lot worse than a few dog bites! God! What an asshat! Thank GOD you had Dixie! Dixie deserves a hero dog award (seriously-they give those out) IMO

                                Edit, for those who are unfamiliar with SM's situation:

                                http://www.chronofhorse.com/forum/sh...rincess+loompa

                                http://www.chronofhorse.com/forum/sh...rincess+loompa
                                Michael: Seems the people who burned me want me for a job.
                                Sam: A job? Does it pay?
                                Michael: Nah, it's more of a "we'll kill you if you don't do it" type of thing.
                                Sam: Oh. I've never liked those.

                                Comment


                                • #36
                                  Who was the tresspasser? Does he live next door or was he a visitor?

                                  Obviously they knew your husband was gone. Is he back yet?

                                  For those who don't want to use guns, maybe one of these is in order?

                                  http://www.amazon.com/THE-SPY-SPOT-U...f=pd_sbs_sg_17

                                  I have this one: http://www.youtube.com/watch?v=M0dsBkQiuZs

                                  The reason why I like the Mace gun is that is comes with a water cartridge so you have a chance to practice shooting it.
                                  The virtual "woodshed" seems the only remedy for willful fools .

                                  Comment


                                  • #37
                                    If he was arrested doesn't that mean charges were filed? Not sure why people are telling her to file charges.
                                    McDowell Racing Stables

                                    Home Away From Home

                                    Comment


                                    • #38
                                      "He got arrested for unlawful mischeif."

                                      I think people are advising the OP to ask for a more harsh charge. Hopefully that can happen. Who knows what sort of "fun" he had in mind.
                                      The virtual "woodshed" seems the only remedy for willful fools .

                                      Comment


                                      • #39
                                        I'm not a lawyer, but I don't believe a citizen can file criminal charges. Civil, yes. This looks fairly helpful:

                                        http://www.nolo.com/legal-encycloped...how-29677.html
                                        Delicious strawberry flavored death!

                                        Comment


                                        • #40
                                          I don't think the dog is in any danger either (except maybe from your neighbors) but I would definitely meet with the DA in charge of the case and encourage stronger charges. I do not believe he was just messin' with you, get real. He broke into an occupied dwelling via a second floor balcony in the middle of the night. He had more than "messin" on his mind. I would also demand dead bolts on all the doors.
                                          Every mighty oak was once a nut that stood its ground.

                                          Proud Closet Canterer! Member Riders with Fibromyalgia clique.

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