Legal Remedies

The notice of the certified letter I wrote to the woman who owns the pit bull that attacked Porch Boy was delivered on Saturday, but they haven't signed for it yet. If they go by and pick it up today that will give them only a 24-hour turnaround time to get the payment to me. I have an appointment with Dr. May tomorrow morning at 8AM to assess the repair to the hernia on P Boy's tummy. I have NEVER left Dr. May's office with anything less than a $100 payment made, so I figure that the total amount of vet services will be in the $1000 range at the very least. If P Boy requires surgery to repair the hernia, much more.

So I did a little research on filing a small claims case. It costs $30 to file the case and $65 to have the defendant served with notice that they are being sued. An additional $5 for each witness that requires a subpeona and there's no guarantee that I'll win. It's very good that I have the witness and I plan to ask the other folks that live near that corner if they saw the attack. I'm also going to take photos of my torn/dirty clothes. Unfortunately I didn't take any photos of my bruises and scrapes, but I'm glad I have those of P Boy's injuries. So I think I have a good case. And I can include damages for pain and suffering (both mine & P Boy's) up to the maximum $10,000 allowed in small claims court. I can only make a claim for money, though. I can't make any ancillary demands (like a written apology for instance, or for requiring them to get rid of the dog).

Even if I do get a judgment in my favor, there's no guarantee that they would actually pay it. I might have to file additional papers to get the judgment attached to their credit report. And they do have the right to appeal to a Civil Court-at-Law where I would have to do the whole trial over again. So this could become a long, protracted affair.

I also discovered that I can file a "Dangerous Dog" case where the JP has the authority to order the dog be euthanized. I will not do that. Although I did threaten to kill the dog myself when I was so angry about the unprovoked attack, I don't want him to be put down. I just want them to put him into an escape-proof kennel since he clearly can't be restrained by the fence alone. Or give him to someone who lives out in the country where he won't be confused by the territorial boundaries of his property line.

Although I personally think of him as a "dangerous dog" I was told by someone who works for a JP that she had never heard of a judge ordering a dog be put down unless it had attacked a human - typically a child. So, like the Animal Control folks said, a dog-on-dog attack is not going to mean more than just a slap on the hand of the owners. And not a very hard slap at that.

Porch Boy Update

My boy is starting to behave a little bit more like his old wonderful loving self. Last night he chose to come to bed with me, Tater, & Trip rather than stay in the crate. And this morning and this evening while on our walks he chose to lead the way with Trip rather than hang back behind me like he had done. He even wanted to play tug-o-war with Gina. But when Trip tried to engage him in a game of Nascar race, he snarled and snapped at him. Not quite back to that level of play yet!

I'd say he's about 72% back to normal. The swelling has virtually disappeared from his belly, but now the hernia is quite pronounced. It's about the size of a pea right above where the worst bite mark was near his bladder. I've got an appointment to take him to the vet on Tuesday morning to check it out. Dr. May says that it could resolve without treatment, or need just a stitch or two, or might require surgery.Would appreciate your prayers that he won't have to undergo surgery to repair it.

It was a Pit Bull after all!

I was walking all 3 dogs this morning and the woman who lives in the house right at the curve where the attack occurred was in her driveway. She came over to us and told me that she had witnessed the attack but wasn't dressed and couldn't come out to assist me. She said it all happened so fast but she knew the dog - it was a pit bull owned by the neighbor 2 houses down. She also told me that the same dog had killed the poodle that lived in the house between them! She said that the woman had said she was going to put the dog down after that happened. Clearly, she did not.

As I was talking with her, the owner came out into her driveway. So I went over to talk with her. She admitted that the dog had gotten out through a broken picket that they didn't know about. I tried to keep my anger in control, but she never once apologized or offered to compensate my loss. She said that she had resolved things with the poodle's owner and that they had kept the dog under control since - that Saturday morning was the only time he'd ever gotten out. The only other time was after Ike had knocked down the fence between her and the neighbor and that's when he attacked the poodle. She then said that they were going to get rid of the dog. I asked, "When?" and she said, "As soon as my family has resolved their separation issues. We have had the dog for 2 years." I then told her that if I saw the dog again I would kill it, and she said she understood my feelings. My last comment to her was, "I'd appreciate you telling me when you have gotten rid of the dog."

I was so mad! I decided that I need to assert my right to have this dog removed from the community. So I have drafted a letter demanding she reimburse me for Porch Boy's emergency vet care ($842.86) and will send her another vet bill next week when I have to take him back to have the hernia repaired. I also reported it to Harris County Animal Control (we live outside Houston city limits) and was furious that they said that they would not take the dog unless he was unrestrained. If the dog was contained in the back yard, despite the fact that it has already attacked 2 smaller dogs by escaping, then the only recourse was civil legal remedies. They only take a dog into custody if it attacks a human. There are small children that live next door to her and it's only a matter of time before he attacks one of them! All the Animal Control officer will do is go by their house within 24 hours and talk with them about my report if they're home. If not, he will leave a copy of the Harris County Rules & Regulations for restraining animals. Fat lot of good that will do!

X mas Before Thanksgiving Message

Click here to see my relatives in the holiday spirit!

Dachshunds Are the New Pit Bulls?

While perusing the internet to learn about the aggression level of boxers, I came across an interesting study that showed dachshunds were the most aggressive breed of all dogs! Particularly toward other dogs. Comments on the story said that it was in their breeding because they originally had to deal with badgers in the wild who were nasty little fighters. Also said that the doxie tenacity is in-bred because badgers would much rather do flight than fight so they had to go into the burrows to drag them out. Apparently takes a lot of bravery to go into a hole behind prey – most dogs won’t do it.

I know that when Tater gets a whiff of an earthworm underground she will NOT be deterred until she’s torn up the grass and eaten it. Good thing we don't have any badgers! I also read that dachshunds are very protective of their family - must be why Tater was willing to attack that much bigger dog when I fell down.

I did sleep better last night - maybe because Porch Boy was back home. This morning we replaced his bandage. The other one was soaked with blood. We thought it best to leave him in the carrier today while we’re at work so Trip doesn’t bother him. He seemed content in it last night. I guess that’s kind of like still being at the vet, but hopefully being in more familiar surroundings will hasten his healing process.

Judy, the nice lady that makes all the harnesses, suggested I put a heating pad set on low under the towel in the carrier when he's in there. Said it would ease his pain. I know he's really hurting. He's so pitiful - just shakes almost continually - so unlike him. And he's extremely anti-social. Again, not the P Boy I know.

P Boy is HOME!

I dropped by to see him before work this morning and he was so much better! He even hopped up and down when he saw me. Dr. May said that he had taken him outside and he saw a dog on the other side of the fence and started barking at him and running toward him. Dr. May couldn't believe he wouldn't be cowed by seeing another canine given what he'd been through. I sure hope it doesn't change his "never met a stranger" nature.

Dr. May said his belly was too swollen to really tell anything about the hernia. Sometimes they apparently repair themselves but he didn't want to do any unnecessary surgery so he wants to check him again in 7-10 days after all the swelling disappears. I asked if I could take him home after work and he said "sure" but his wounds are still bleeding so he sent along some pads and tape like the kind he put on my protection stick. We also need to give him pain meds and something to prevent infections twice a day.

He shook like a leaf all the way home, sitting on my lap. Tater was thrilled to see him and was very gentle in her greeting. Not Trip. He was all "Let's play!" and P Boy wanted no part of that. Mostly he's just wanted to sit on my lap and shake. Trying to get Trip to leave him alone is a near impossibility. At one point P Boy was mad and snapped at him, just as I had put my hand out to push Trip away from my lap. P Boy bit my hand - by mistake - but dang! It hurt!

Gina suggested we put P Boy into the largest of our pet carriers (which is big enough to accommodate all 3 dogs and the cats at the same time!) so that Trip would bug off. We'll leave him in there when we're at work as well - just until he's healed a bit more.

I did take all 3 dogs out for a very brief walk this evening. But not with harnesses since Dr. May said that the harness would probably hurt PB until the swelling dissipates. It's odd walking them with just their collars on. Trip didn't like it at all. I'll definitely harness him.

It's good to have him back home. Hopefully he'll heal quickly. Thanks to everyone for the kind words and well wishes!