My dog and father were attacked on our property by our neighbor's 2 dogs that escaped from there yard, can the dogs be removed?

My dog was walking into our garage to come into the house after doing her duty and my dad was with her and our neighbor's 2 dogs broke through the fence in there yard and dragged my dog out of my garage as she was walking into it and started attacking her in our driveway and my father as he was walking next to her and my dad's hands were all bitten up and my dog almost would have died if another neighbor of ours didn't intervene. She had to help my dad and dog get away by hitting the dogs with a broom. The neighbor that owned the dogs that attacked my dad and dog just kept yelling stop. The other neighbor that witnessed it when she was driving by stopped her car and ran to help. We have a police report and it was reported to animal control and animal control did not take them away.

Waterbury, CT -

Attorney Answers (7)

Keith G Langer

Keith G Langer

Animal Law Attorney - Wrentham, MA
Answered

You need to document all the medical costs; both to the dog and your father. This will be needed for your claim against the dogs' owner for his/her negligence, as well as documenting the ferocity of the attack for your efforts to have the dogs removed or destroyed.

The two witnesses should also provide statements, preferably as affidavits.

You can bring a small claims action yourself for the damages, if they are within the limits for a small claims action. However, you will likely need counsel if the costs exceed that limit, and to force the town to address the issue of whether these animals constitute dangerous dogs under CT law.

The CT and your county bar associations can provide referrals.

The foregoing is for general information purposes and does not establish an attorney-client relationship.
Kevin P. Landry

Kevin P. Landry

Personal Injury Lawyer - Providence, RI
Answered

Consult a personal injury attorney in your area that handles dog bite claims. As far as the fate of the dog involved. Most municipalities have procedures for determining if a dog is to be deemed "vicious" - then most likely the facts and the dogs history will be weighed to determine the disposition of the animal. I am not familiar with your jurisdiction so you should call your local animal control office to see what the procedure is. And of course, retain a lawyer. Good luck.

Agustin Sevillano

Agustin Sevillano

Car / Auto Accident Lawyer - Bridgeport, CT
Answered

First, as to your specific question whether the dogs can be removed, if I recall correctly, I believe that any dog that bites a person outside of the dogs property must be quarantined for 14 days. You should direct that inquiry to your animal control officer. As far as the injuries suffered by your dad, dog owners are strictly liable for injuries caused by their animals (Except in very limited situations which don't seem to apply here). That is to say that the dog owner will be responsible for your dad's injuries regardless of whether he was negligent or not. Furthermore, the dog owner's homeowner's insurance (Hopefully he has insurance) should cover your dad's injuries. Feel free to contact my office should you need further guidance. Good luck.

Fareesh S. Sarangi

Fareesh S. Sarangi

Personal Injury Lawyer - Atlanta, GA
Answered

I would recommend you consult with a personal injury lawyer in your area who specializes in dog bites (Avvo has good options). That attorney can help your family recover for their injuries and damages, as well as inform you of your rights in having the dogs removed if that is an option. This sounds scary, and I hope your family heals well.

* Please note that I am an Attorney practicing in Georgia, but I am not your attorney. This post is intended to... more
David B Pittman

David B Pittman

Car / Auto Accident Lawyer - Fort Myers, FL
Answered

I would consult an attorney that handles dog bite cases. They can secure all the evidence, speak to the witnesses and prep the best case. They will also know which insurance to go after and or who to sue. Good luck!

Lars A. Lundeen

Lars A. Lundeen

Personal Injury Lawyer - Rutland, VT
Answered

Speak with animal control and find out what the possible options may be to remove these dogs from the neighbor's premises. Their ability to remove the animals may be limited.

Your father should: obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.
Christian K. Lassen II

Christian K. Lassen II

Personal Injury Lawyer - Philadelphia, PA
Answered

A local dog bite lawyer can be retained to investigate a claim.

Questions? An attorney can help.

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