While we were gone, a friend of mine watched our dogs. (I almost considered calling Motherboard, but figured the commute was unfair.) My friend Tina has a dog of her own, Sugar. So Tuesday night, Suuperman aka The Dog Whisperer takes our dogs over and gets them all used to one another. After a few minutes they were fine.
A few days later, the dogs got into a fight. It was the two females - her Sugar and our Lacey. Tina had her kids playing outside, and Lacey started to play with Kendall (a 4 yo girl.) Kendall squealed, but Sugar mistook her sound of pleasure for one of pain. She felt she had to defend her pup, so went after Lacey. Lacey of course wasn't NOT going to fight back. Unfortunately, the dogs did get into it. There was a little blood. And Kendall and a 2 yo boy were right in the middle of it at first.
Tina heard the kids start to yell and ran out there. Her neighbor just happened to be outside and jumped the fence to help stop the fight.
They got the dogs off each other, and Lacey and Sugar just stayed away from each other the remainder of the time. (Tina did consider bringing our dogs back to our house, but one time in the summer some neighbor kids let our dogs out and she was worried it would happen again.)
While this is not good news, the part I want to tell you all about is the neighbor who jumped the fence.
We don't know him. He's about 40 with a nice handlebar mustache. Tina knows him, since she lives next door, and he is always up in her business. Trying to parent her kids, telling her what to do with her dog.....all kinds of stuff.
Apparently, this guy has a bad back. So when he jumped the 4.5 foot fence, he hurt his back. Once the fight was over, he was saying he couldn't feel his legs and asked Tina to call an ambulence. He was taken to the ER, given lots of morphine (which supposedly did nothing to ease the pain), had an MRI, found that nothing was wrong and went home the next day.
And now he wants us to pay for it!!!!!!!
He willingly jumped the fence. Knowing he has a bad back. He technically trespassed onto Tina's property. The dogs were not attacking the kids. Lacey wasn't even the one who started it!!! (Not the Tina should pay either - I"m just sayin'.) The dogs didn't bite him. They weren't his resposibility. Tina came out and broke it up.
And he wants us to pay his hospital bill!!! He said either that, or get our dogs into obedience school and show him a certificate of graduation. (Who died and made him boss of the world?) In case you missed it, my husband is a dog trainer. We have well behaved dogs!! But when they are attacked, they're going to fight back. It's instinct, not disobedience. (And Sugar was acting on instinct, too. She thought her pup was in trouble.)
The man says that Lacey was trying to get at his dog through the fence. This doesn't surprise me. We have a VERY aggresive dog who lives next to us. He has taught Lacey to bark at dogs through fences. No matter how many times we tell her to stop, the other dog always gets her back to barking again. So I believe him when he says Lacey was barking at his dog. But it is a chainlink fence. She's not going to get through it. And she doesn't jump. His dog was NOT in danger.
Anyway.......I cannot beLIEVE he thinks we would pay for his trip to the hospital. Tina said that when he was having her call the ambulence, she thought he was playing it up, but couldn't figure out why. When she first told me the story of the fight and about him going to the ER, I just knew that he was going to want us to pay for it. And he only told Tina what he wanted from us after I took the dogs home yesterday. She didn't know when she was telling me about the incident.
So what would you guys do? Superman wants to do the right thing. (He's noble like that.) I, on the other hand, have no problem telling him exactly what we will or will not be doing. I told Superman that you can't teach a person common sense. (Can you? Like, do they offer classes at the local rec. center?)
We have absolutely NO legal responsibilty here, right? He wasn't bitten, we didn't MAKE him jump the fence with a bad back. It's not our property, it wasn't his repsonsibility. His dog wasn't hurt.
What would you do? What should we do?
20 comments:
Unfortunately, when it comes to dogs it is hard to win... I had an aunt who was taking her dog for a walk and as they went around the corner there was a man there and her very sweet, tame dog Princess barked because she was startled. He ended up suing her and her homeowner's insurance and she fought him in court and lost! Her homeowner's insurance settled and paid him the $1000 for the dog barking at him and him falling down.
I also had another friend who had a neighbor who had not so nice dogs. They had a chainlink fence and some old guy decided to try to pet the dogs on the walk. Homeowner was sued and lost. Had to put in a brand new 6 foot fence and put signs all around "Beware of Dog" along with the fine.
So long story short... even though he was stupid you probably won't be able to win. Hopefully he won't be smart enough to sue you. Which is the only way he could win. Good luck! (And sorry for the long comment and the gloom of it-but I thought you'd want to know what the realistic chances of it are)
This is a tough situation! I am so sorry! What about maybe splitting the bill?
I'd seriously look into the law--talk to a lawyer to see what your options are. If you even get a lawyer to send the guy a letter, that might be enough to back him off. What a pain. You're in the right here, and this is coming from someone who is NOT a dog person. :)
Holy cow! DON'T PAY!!! He sounds like the type to try to get over on people just to see if he can. I would fight this if it were me.
Good luck...that really sucks!
Darn. What a pain. I am sorry you are in this mess.
Since your husband is a dog trainer, can't he just print up a certificate of graduation? Then everyone is happy. Right? m
Yikes! We once had a dog who ran through a window to greet the mail deliverer, shattering the window which sliced the lady's leg open. If anyone deserves to get sued, we did! But she was really understanding about it and didn't ask for anything. We did take her some really nice flowers while she was off work for a couple weeks.
Dogs can be a handful. It's a good thing we love them! Good luck. I don't think you should have to pay anything. Maybe offer a portion and he'll back off.
NO WAY WOULD I PAY! but that's just me :)
That was kind of him for jumping right in and trying to help ya'll out...so maybe a nice "thank you for your effort even though my friend was the one who actually took care of it anyway" card would be called for, but NOT PAYING HIS BILL! Maybe if he jumped the fence to save your child who was being mawlled (sp?) by a vicious dog and he ACTUALLY saved the child, but not in this situation (if I'm understanding it right, that is).
Good luck and keep us posted!
I think that where he made a proactive decision, fully informed on both his preexisting condition, and the situation as I'm sure he could see through the chainlink fence, you guys might have a chance of fighting it. And as for Superman wanting to do the "right" thing, if he had jumped a fence to pull a couple of dogs apart, would he expect the dog owner to pay for his damages? He's just too nice.
I'd have Superman write him a certificate just to get him off my back, lol.
A little male perspective here: i wouldn't pay. I'd be very upset if someone tried to help me and went beyond his capabilities on his own decision and hurt himself.
Wasn't on your property, either. Not that I'd want my neighbor friend to pay for it, but nope. I wouldn't pay.
Dogs are hard, because it doesn't really matter where they are they are still your dogs and there were children involved so he probably does think that he was rescuing children....I think you have to ask yourself what would the Savior Do? I think Superman is right, it is always better to take the high road and have no regrets.
When Alan was a meter reader many moons ago he got bit by a dog and everyone said..."Oh, your ship just came in" but of course we would never sue, becuase once again what would the Savior want us to do....if you fought it it would cost as much as the hospital bill. I think you will just have to pray about it. If you could talk him into spliting it as mentioned above that would be ideal....if you own a home your homeowner's insurance might cover it, I'm not sure....
You have the right to decline payment, and you have the right to decline showing evidence of dog school. End of story. You do not have to prove anything to him, nor are you responsible for paying.
The End.
i wouldn't pay, but that's just me...i think i would find some free legal advice and see what your options are.
and i sure wouldn't pay if it's cheaper to take her to obedience school!
Maybe what the guy needs is to be fully acknowledged for his selfless act. Based on what you've written, he rose to the occasion because his heart told him to -- sounds to me like he thought kids were in danger or maybe he was worried about a dog. Dog fights are loud and chaotic and terrifying.
I think if I did the same thing and ended up with a hospital bill -- even if I knew the act of helping was a risk -- I'd want someone to figure out a way to share the load. You have an opportunity here to keep the 'Good Sam law' going. Helping is helping. I'm actually thrilled to hear he didn't just stand by and watch. That's my two cents.
And I'm going to have big cajones and post this 'un'anonymously. You don't know me from Adam and I've just linked to your blog from friends' blogs (who'll probably be embarrassed that I wrote! Oh well...) I've certainly had my own share of moral dilemmas and I'm really not trying to be judgmental; instead, I hope this sounds more like a perspective that seeks to perpetuate good will and kindness in the world.
I'll probably read the rest of your posts and feel like a dork for writing this, but I just felt compelled to reply.
Peace,
Anjie
I would probably pay...something. He probably doesn't need the money; or maybe he does. Maybe he just has an irritatingly self absorbed kinda way of asking for help and wanting attention. It's most likely not about the money though. I'd find a way to pay him something without making it a hardship on my bank account...and without resent. He's probably just a lonely man.
Bake him cookies. And then give him the reciept for the chocolate chips. KIDDING!
I like the new blog look and profile picture by the way. Very nice.
You friend could always charge him with tresspassing since it is her property if he tries to sue them. I really don't think he would have a case against you considering he didn't know whos dogs they were when he jumped the fence.
oh and i replied to your question on my blog..
hope everything works out and if you need a lawyer i have a good one =)
I think you should take your case to Judge Judy. She'd totally be on your side. And for the record, I wouldn't pay either. What a nutcase, thinking he can get a free ride in the ambulance and megadose of morphine on your dime.
i know a hitman...shhh. did i say that out loud?!
so, while i was checking your blog, i got a finger cramp. i'm sending you the hospital bill. :)
this is crazy. i hope that he drops it. good luck.
I dint think you legally have to pay that. He said that or show they are trained, well they are, have superman write out a form saying they are.
Was his request written on a legal heading?
You are kidding me. Wow. Let us know what happens. My neighbor got sued by my other neighbor when she was returning their dog that had gotten out. He ended up biting her in the process and she sued his homeowners insurance and they paid her off and then raised his rates and made him either get a kennel for the dog, or said he had to get rid of it.
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