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The Saga Continues...

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  • The Saga Continues...

    I need some legal advice with this one, possibly.

    Things have been pretty quiet on the Loompa front. Their dogs have stuck in their yard, nobody has bothered anybody, things have been quiet. Until last night.

    Our condo's have second floor balconies. Not big ones, just large enough for a small table and two chairs. French doors from the master lead out to it. The next door unit is exactly the same and the balconies are about 4' apart. I don't ever lock the french doors because... well... whose going to be able to get in?

    About 130 in the morning, I heard a substantial thump on the balcony, the french door opened and Dixie started barking like mad. Somebody from the next door unit had climbed from their balcony to ours. I will admit to screaming and almost peeing in my pants.

    Dixie lunged at him, and bit him in the thigh, opposite calf, and hand. She drew blood. I called the police, locked his sorry @$$ outside, grabbed the baby and loaded us in the truck to wait at the end of the drive way for the officer.

    He ended up having to go to the hospital a good a good amount of stitches. He got arrested for unlawful mischeif (or something similar, I can't remember the exact wording). He wasn't armed, and just thought that it would be funny to screw with us. He wasn't banking on Dixie. She's little but you don't mess with her Momma!

    He now wants to sue us for his medical bills since he's uninsured and he wants Dixie to be put down. VT has a stand your ground law, but does that apply to dogs? He was trespassing, came into our house, and she nailed him.

    Our lawyer is out of the office until Monday because of the holiday, and we will be consulting him, but I'm worried sick that we're going to have to put her down. The common sense part of me knows that he probably doesn't have a legal leg to stand on.

    Is anybody familier with the outcome?

  • #2
    That is insane!!! It sounds like you were home alone at the time, as in no husband at home? So, you are a mom protecting her child and the total IDIOT comes through the balcony door to be FUNNY???? I can't see where he has a leg-pun intended-to stand on. I'm no legal person, but if someone came into my house in the middle of the night and my dog bit him to protect the family, well tuff sh*t to the intruder.
    Keep us posted. I can't imagine a problem with a dog, and a little one at that, defending its family.


    • #3
      If this is the first incident involving Dixie biting someone, I don't believe that she would have to be put down. (I would want a trial by a jury of my peers (fellow dog owners) and see how far he got with his claim.)


      • #4
        i HAVe dogs for that very reason.........to alert me to strangers, and bite the bejabbers out of them if they are inside the house.......

        had a problem with a plumber once........told him to LEAVE THE DOG ALONE, just let her get out the door first..................idiot made a grab at her as she passed by, she thought he was being aggressive,turned and bit him a good one behind the knee.......he ran and hid in his truck, called his company, then came back in and finished the job on the SECOND floor bathrom........tells me he is fine.................later, i get a call from ,y homeowners, he was filing a claim for over 4500.00 for an emergency room visit............i fought it and won.........lost insurance coverage from that company, but got coverage eleswhere.............dog had an in-house quarentine, and that was it..........................the man was the aggressor, he had been warned, AND was still able to perform his job afterwards.....

        sorry, but i figure a dog has as muh right to protect himself ,family, and property as the humans in the house......
        good for daisy.......................hope all goes well


        • Original Poster

          Hubby is away hunting. Dixie has NEVER shown agression to any human. She's a friendly, happy little dog who loves just about anybody. I have heard her growl at a few other dogs, if she feels like they are a threat to DD or I. DH is on his own, apparently. At 26lbs she doesn't pack a real punch, but did a number on this asshat.

          IMO, she did what she was supposed to do and she earned a spot on the bed forever. DH will just have to zip it.

          I just can't help but worry! I don't care so much about him sueing us for his medical expenses, just about having to have the dog put down for doing the right thing.


          • #6
            I doubt he has a case. And in most places it is understandably difficult to get a dog put down for a first bite - nevermind when the person bitten was committing a crime and entering your property!

            If the jerk tries to make a case, I would go to the local media. Preferably TV. Give it a good dramatic retelling of a mom and child defended by a small but brave dog from a home invasion. And now this brave dog is threatened and the family is devastated!

            Honestly, dont worry about your dog. Most likely you will have to quarantine her for rabies but you will probably be able to do that at home.


            • #7
              So, he got injured committing a criminal act and wants you to pay for his stupidity? I don't think so.


              • #8
                I'm just shaking my head. WHAT is the matter with these people?


                • #9
                  really?? are you kidding? I really can't imagine that situation!

                  Boy I'd be ready to spirit that good dog away in case something goes wrong with that...

                  I'm trying to fathom someone coming into my house like that and I can't! My mental imagery features a lot of bear spray, five dogs (all of which would do their first bite installment, even the chi puppy), and if I had a BABY there?? I have a legal sawed off shotgun that would take ALL the fun out of it for Balcony Boy and we'd do paperwork later.

                  Get the heck out of there SM!

                  can't imagine.
                  “Most people do not listen with the intent to understand; they listen with the intent to reply.” Stephen R. Covey


                  • Original Poster

                    I can't WAIT to move in Feb. and be done with this place.

                    DH has a pistol in the closet, but it's way too big for me. Even if I had thought to use it, Dixie moved so fast she'd gotten her opinion of the situation in before I could have gotten it out of the closet.

                    She is clearly not too worried about things. Luckily, DD was in her own room. Asshat would have had to get through Dixie and I to get to her. It wouldn't have happened.

                    DH will be installing a deadbolt on the door the second he gets home!
                    Last edited by Superminion; Nov. 22, 2012, 11:47 PM. Reason: to...too...two... whoops!


                    • #11
                      I have had something similar (but much less scary!) happen - someone was trespassing on my fully fenced property (not in my home, hence less scary) and one of my dogs actually only "attempted" to bite them (as they climbed over my fence!), but didn't connect. I had to "quarantine" the dog in my home for 7 days (no big deal) and provide proof of rabies vaccination. In my state, WA, I was also warned that if this dog ever bit, or attempted to bite, someone again and was outside my fencing (which he never was in this incident, or in general), even on my property, he would be considered a "dangerous dog", which doesn't require euthanasia, but has a list of restrictions and requirements a mile long that most people (including me) probably couldn't meet. So, in summary, I am confident your dog is safe, but it is a good thing you are moving so the idiot neighbor can't do anything else stupid that could affect the safety of your dog. However, since the guy was potentially threatening you, and your daughter's, safety I would hope the laws are even more in your favor (after all, isn't this at least partially why many of us have dogs in the first place!!) and that this doesn't even count as a "strike" against your dog.

                      The suggestion of going to the media, if it came to that, is also a great one.


                      • #12
                        the idiot was lucky the dog got to him before you could grab the gun (and I bet, the adrenalin would have made you an expert marksman!)

                        I am guessing you might have to quaranten the dog (even if you have to take her to the vet for 10 days, no biggy, maybe a bit expensive.)

                        But since she is a little dog, I doubt you would have to worry about anything more severe.

                        But I am sending some COTH jingles your way that the judge will throw this frivolous case out.


                        • #13
                          You need to call the landlord and get those people evicted NOW.

                          File a restraining order. Something! You have no idea what that guy's true motives are. There is no reason for you to be living like this.

                          Do the police know the history between you all?


                          • #14
                            Isn't this breaking and entering? Is this something you can press charges on? His unlawful entry of your home?


                            • #15
                              Originally posted by ellebeaux View Post
                              You need to call the landlord and get those people evicted NOW.
                              File a restraining order. Something! You have no idea what that guy's true motives are. There is no reason for you to be living like this.
                              Do the police know the history between you all?
                              (Argh, there is no thumbs up icon to use here in the post, what's up with that)


                              • #16
                                Wow! I'm no attorney but I highly doubt that your dog is in any danger.

                                The guy is lucky that ALL he got was a dog bite. He could've been shot and killed. Was he drunk? Is he just a total idiot? I'm trying to wrap my head around why this happened in the first place!!! (I haven't read the history on this guy)
                                A good horseman doesn't have to tell anyone...the horse already knows.

                                Might be a reason, never an excuse...


                                • #17
                                  I find it ridiculous that if someone is breaking into your house and you dog bites them you should even have to worry about being sued. These days the criminals have more rights than the law abiding people.


                                  • #18
                                    Originally posted by Chall View Post
                                    holy hell yes! and you live in vermont? jeesum crow you shouldn't have to put up with asshats like this. where are you? want dh to come over and scare the ilving daylights out of the bastard? he'd love to, i know he would!


                                    • #19
                                      Absolutely call the landlord. And if they won't evict, I'd call the news station. That is absolutely insane!

                                      And Dixie has now earned herself whatever kind of god-awful expensive treats she wants for life! And a custom collar. And.....
                                      Flip a coin. It's not what side lands that matters, but what side you were hoping for when the coin was still in the air.

                                      You call it boxed wine. I call it carboardeaux.


                                      • #20
                                        okay, i am REALLY sorry for your situation, but i cannot help but be amused by the names bestowed on yourgenetic mutant neighbors.........princess loompa and now balcony boy........lol...

                                        not trying to make light of your situation, at all.......

                                        and going to the media souds like a fantabulous idea, especially with thanksgiving...................thankful for your heroic guardian, etc..........go for it.........

                                        occurance last night brought to mind your sitiation, although i don't have balconies..........i live alone, 5 acres seperating me from any neighbors........i have dogs specifically for protection, my huge anatolian shepherd as the main deterent, the collie next, and the terriers would do a pack attack.........
                                        last night around midnight,anatolian starts barking....LOUDLY...he never barks in the house, and it can almost rattle the windows..........collie at my bedside was unconcerned for a few minutes, then bagan to growl quietly.........at this point, i figured i had better at least look out the window,phone in hand to call 911...........at the same time though, i am also thinking that if anyone is dumb enough to ignore THAT bark as a warning, they deserve to be chewed on...................turns out that something was in the trash i had put outside the dooryard to facilitate collection this morn, so pasha thought the noise was close enough to warrent putting onthe alert..........
                                        with all the uproar about guns in homes, etc, and the simple fact that i personally am not real comfortable using one, what else are we supposed to do?.........i'm 54, have lived here with my kids, and now empty nester, for 30 years.......EVERYONE knows i live here alone..........so really, what are the options?

                                        daisy deserves a medal