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#208433 - 10/15/10 12:37 AM No Fault Status?
Princess Lenora Offline
Member

Registered: 11/11/04
Posts: 3503
Loc: Colorado
My husband was walking our two Westies on their leashes around the neighborhood. There is a yard I avoid because a woman recently (within last 2 weeks) keeps a dog named Peaches tied to a pole in her yard, with signs at the perimeter of the yard that say "invisible fence." I walk on the other side of the street. I know the dog is named Peaches because I hear the woman hollering from inside her house "Peaches" if she hears/see the dog stir. Today, my husband was strolling along and let loose on the flexi-leashes of our dogs, so they entered Peaches' yard a bit. There is not a lot of room for error. The yard is right at the sidewalk, and Peaches' leash is long enough to reach the edge of the sidewalk. Peaches grabbed my youngest Westie and shook her like she was a rabbit. He (husband) got a bite during scuffle, and so did our other dog Gracie. Husband had brief moments with Peaches owner, who said that Peaches was a rescue dog and she was so sorry etc. etc. My husband told her it was his fault for letting our dogs into their yard, and he did not see Peaches, (although he's been warned 100 x by me and with me to avoid that yard). Whisked Annie to the vet, currently sedated after being treated for 5 FIVE dog bites. X-ray to dog's shoulder to be sure it's not broken. Meanwhile, at home with me, other dog Gracie starts whining, and I notice that she has more than one surface wound. It is now 6:30 PM and husband is at the ER vet to treat Gracie. Annie was $342.00. Husband on unemployment. Me awaiting disability! No can afford these kinds of accidents. Who do you think is responsible?


Edited by Princess Lenora (10/15/10 12:38 AM)

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#208434 - 10/15/10 02:07 AM Re: No Fault Status? [Re: Princess Lenora]
Di Offline
Member

Registered: 11/15/05
Posts: 2798
Loc: NM, transplant from NJ
What the heck is an invisible fence? I'd call your home insurance people.

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#208436 - 10/15/10 02:44 AM Re: No Fault Status? [Re: Di]
Princess Lenora Offline
Member

Registered: 11/11/04
Posts: 3503
Loc: Colorado
Oh, an invisible fence is like an electric fence. The dog in the yard wears a radio collar. Lines of electrically charged wires are set under the ground at the perimeter of the property. The dog is trained that if it goes up to a certain area close to the wires, it will get an electric shock through the collar. It works only if the dog is trained to respond to the shock, else the dog will easily just get shocked, and run through. It's like an invisible line in the sand. I don't think this dog was properly trained to avoid the area beyond the invisible fence. My second dog still at vet 3 hours after bringing it in. It's 8:45. Ugh.

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#208437 - 10/15/10 02:45 AM Re: No Fault Status? [Re: Di]
Anne Holmes Administrator Offline
Boomer in Chief

Registered: 03/12/10
Posts: 3212
Loc: Illinois
Hi Di,

As I understand it, an invisible fence is a perimeter controlling devise for dogs that is buried underground, so that it doesn't obscure the view into the yard. The animal being controlled wears a radio frequency emitting device on the collar and if they cross the fence line, the collar device shocks the dog...

Here's a link to more: invisible fence
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#208438 - 10/15/10 02:55 AM Re: No Fault Status? [Re: Anne Holmes]
Anne Holmes Administrator Offline
Boomer in Chief

Registered: 03/12/10
Posts: 3212
Loc: Illinois
Princess Lenora,

I am so sorry to hear of this catastrophe, but as I understand the details you have provided, I'd say the woman who owns Peaches is at fault - even though your husband told her it was his fault for allowing your dogs into her yard.

The fact that Peaches - what a sweet name for such a mean dog - was on a leash that allows her to get to the sidewalk means to me that no one who walks the sidewalk is totally safe.

The invisible fence does nothing to keep your dogs or anyone else OUT of their yard - the way a physical fence would... And your dogs didn't know the danger, it sounds like.

I think the neighbor needs to offer to pay for some or all of your medical bills. Her home owners insurance ought to cover her for that.

I am so sorry for all the trauma and expense happening right now, I know you are trying to get to Arizona to see your mother...

Praying for you!

Anne
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#208448 - 10/15/10 08:33 PM Re: No Fault Status? [Re: Anne Holmes]
Princess Lenora Offline
Member

Registered: 11/11/04
Posts: 3503
Loc: Colorado
Yes, I'm going to AZ in 7 days. We finally got our second dog out of the vet at 11PM last night. I've never seen a dog bite up close, and I'm shocked at the depth of a puncture wound. I called the police department first, and they asked if it was a dog on human bite, and I said no, so they referred me to call the Humane Society. I called the dog owners this morning, and we met for two hours. They were shocked and devastated to see that Peaches were out to kill. They asked me if Annie is going to "make it." They said they talked all night about the outcome for Peaches because now they fear, what if Annie had been a toddler? They are paying for half of the expenses. I'd like them to pay all, but after all, our dog did enter their yard to chase a bunny. The Mr. owner had carefully determined the distance from the yard to the sidewalk. I asked if he was an engineer, and he is a retired physicist. Peaches was rescued after being thrown out of a moving vehicle. They spent months getting asphalt out of her skin. Peaches is a Dalmation with reddish blond spots instead of black, which I guess is very rare. The Mrs. owner has rescued 5 Dalmations over the years, all lived out their lives with her. We did not think about the homeowners association. HOA had disapproved a regular, even short fence, thus the invisible fence. I'm sure Peaches could violate the boundary. Now, on to the total focus of healing for Annie and Grace.

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#208450 - 10/15/10 09:25 PM Re: No Fault Status? [Re: Princess Lenora]
yonuh Offline
Member

Registered: 06/14/06
Posts: 2447
Loc: Arizona
I am amazed at how resilient dogs are. Here's hoping for an uneventful recovery. I'm sorry, but I don't understand having a dog tied out in anyone's yard. Here where I live, it's illegal.
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#208452 - 10/16/10 03:51 AM Re: No Fault Status? [Re: yonuh]
Anne Holmes Administrator Offline
Boomer in Chief

Registered: 03/12/10
Posts: 3212
Loc: Illinois
Sending healing thoughts for Annie and Grace.

I'm glad the homeowners are going to going to cover half of your expenses. That seems like the least they could do... I agree, the "what if" they considered is significant.

And the thing is, without a "real" fence, I don't think anyone could BE SURE that a child didn't wander into their yard. I mean, simple things like seeing a fascinating butterfly or an odd/interesting bug could cause a child to step off the sidewalk and onto their lawn for a better look...

Thus I think the "Mr's" measurement of the distance from the yard to the sidewalk as some sort of sign of "turf violation" is a bit of a stretch. Neighbors walk on my lawn now and then, for example and I have no problem with it...
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#208453 - 10/16/10 03:53 AM Re: No Fault Status? [Re: Anne Holmes]
Anne Holmes Administrator Offline
Boomer in Chief

Registered: 03/12/10
Posts: 3212
Loc: Illinois
PS One more thought: The dog owners homeowner insurance should cover your medical costs and they should file with their homeowners coverage. I think you ought to get more than half of your medical damages paid.
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#208457 - 10/16/10 10:54 AM Re: No Fault Status? [Re: Anne Holmes]
CrosstitchQueen Offline
Member

Registered: 09/20/05
Posts: 477
Loc: Sanford, Florida
The invisible fence will not keep anything from getting into Peaches yard. (Like a child who might step onto the grass). And the current on the electric fence is adjustable. Meaning the amount of shock that Peaches gets when she crosses the line depends on whatever setting her owners have set it at. I'm not a big fan of electric fences (I don't like the idea of shocking an animal to train it) and if that's what these people have to resort to, to have a dog where they live, then maybe they shouldn't have one, or they should move, or train the dog to live indoors and take it out for walks like others in your neighborhood must do!! You're supposed to work with the dog to determine how much of a shock it takes to get the dog to not go past the fence line. After a while, supposedly, you can reduce the amount of shock. But I've heard all kinds of stories of dogs just running right thru it and ignoring the shock, and one guy even told me his dog kinda liked it (the shock was set on minimum) and would actually sit by the line to feel the buzz!!
I'm not a lawyer, just a pet owner, and know how upset I'd be if this happened to my dog. But my thoughts go a few ways on this. Although I'd probably feel that I'd want them to pay ALL of the vet bills, part of me would be glad that they even offered to pay half. Some people wouldn't. If you try to fight it to get more you may end up with nothing only because your dogs did step into their yard. I don't know if Peaches owners homeowners insurance will cover it or not. That part might be worth checking out. But it might come down to considering whether you want to get into a legal battle over this, or settle for them paying half the bill.
If you have a homeowners association are there any rules or regulations about leaving a dog tied up outside that these people might be violating?? I don't know why people have animals only to tie them up. If I didn't have a fenced-in yard, my dogs would be in the house, or on a leash when out.
If Peaches owners are considering her future maybe they will do something about the situation so nothing similar happens to anyone else in your neighborhood.
_________________________
Ann

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