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Help Dog bit a trespasser!!!!!
#69169 - 01/31/2005 04:20 PM |
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Reg: 11-21-2003
Posts: 200
Loc: southern ca
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My dog was loose on my property and an Amerigas man came on to the property with out my permission and my dog went into a bark and hold the worker then swung at my dog who then gave him a defensive bite. No blood was spilled. The dog didn't even break the skin but now animal control says I have to post visious dog on my property raising my liability. Animal control says I should fight it but what are my chances? How do I fight this? And now I'm afraid that this worker for Amerigas is going to sue also! help!!!!
WHEN I SEE SOMETHING BEAUTIFUL, I'D BE WILLING TO DIE PROTECTING IT. |
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Re: Help Dog bit a trespasser!!!!!
[Re: Chris Knepper ]
#69170 - 01/31/2005 04:26 PM |
Webboard User
Reg: 08-25-2003
Posts: 209
Loc: Virginia
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Not a lawyer but I know where I live all utility workers have the right-of-way to my property while conducting business.
If he was there in an official capacity not sure what you can do.
Keith Jenkins
Eli SchH3,FH,StP.3,BH,TD
Breitta v. Schwarzen Kobold BH,TR1
Argus vd Aunkst SchH3,BH,AD-2011 USRC National SchH3 Champion
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Re: Help Dog bit a trespasser!!!!!
[Re: Chris Knepper ]
#69171 - 01/31/2005 04:36 PM |
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Reg: 11-21-2003
Posts: 200
Loc: southern ca
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Amerigas is a private propane company. They are supposed to schedule appointments to enter the property and refill my tanks..
WHEN I SEE SOMETHING BEAUTIFUL, I'D BE WILLING TO DIE PROTECTING IT. |
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Re: Help Dog bit a trespasser!!!!!
[Re: Chris Knepper ]
#69172 - 01/31/2005 04:36 PM |
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Reg: 01-25-2003
Posts: 5983
Loc: Idaho
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Yep,
You give utility workers the implicit right of way by using their product, that's a fairly universal legal concept.
Animal Control is almost always going to side on the utility worker's side in any dispute like this, unless the utility worker crossed a locked barrier ( like climbing over a locked gate, which they won't do, except in a dire emergency ).
Best advice, get legal representation and show evidence of correcting the situation, i.e., put up fences, etc.
And Chris, the wording of your above post could be used against you by a smart attorney from the other side. Just an FYI there...
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Re: Help Dog bit a trespasser!!!!!
[Re: Chris Knepper ]
#69173 - 01/31/2005 04:46 PM |
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Reg: 11-21-2003
Posts: 200
Loc: southern ca
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They are not a public utility. They are a private co. I could have any propane co come fill my tank this man entered through a closed gate on an unscheduled time. Walked through posted guard dog and trespassing signs. And then was bit after swinging at my dog.
Thanks for your consern Will but I have nothing to hide. And I doubt they know about my association with this site. But your advise is appreciated
WHEN I SEE SOMETHING BEAUTIFUL, I'D BE WILLING TO DIE PROTECTING IT. |
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Re: Help Dog bit a trespasser!!!!!
[Re: Chris Knepper ]
#69174 - 01/31/2005 04:51 PM |
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Reg: 09-22-2004
Posts: 107
Loc: Ontario, Canada
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Re: Help Dog bit a trespasser!!!!!
[Re: Chris Knepper ]
#69175 - 01/31/2005 05:02 PM |
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Reg: 01-05-2005
Posts: 135
Loc:
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Chris. You have a good case, if the facts are as you stated them. Get a lawyer.
When all other friends desert, he remains.--George G. Vest |
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Re: Help Dog bit a trespasser!!!!!
[Re: Chris Knepper ]
#69176 - 01/31/2005 06:56 PM |
Webboard User
Reg: 11-21-2003
Posts: 200
Loc: southern ca
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Thank you everyone for your help. I just know that my insurance goes from 250.00 a month to 1200.00 a month with the posting of a vicious dog. And I can't afford that. But I will not get rid of my dog. The whole event was witnessed by my neighbors and they said that the dog did nothing wrong. They will testify to that too. I just figured that with all this combined dog experiance that someone else has been through this.....
WHEN I SEE SOMETHING BEAUTIFUL, I'D BE WILLING TO DIE PROTECTING IT. |
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Re: Help Dog bit a trespasser!!!!!
[Re: Chris Knepper ]
#69177 - 01/31/2005 07:08 PM |
Webboard User
Reg: 11-19-2004
Posts: 94
Loc:
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This is how it works in my neck of the woods-
I heat with propane, I use a private company, they own the tank. By owning their tanks, an implied contract exists-no other company is authorized to fill it. They refill at my request,
but in this cold weather they will do courtesy
fills when in the area. If a competitor tries to pull a fast one by filling my tank, I'm not obligated to pay the bill. Does this apply to your situation?
While I feel bad for you, I also feel bad for the poor guy just trying to do his job. He must be accustomed to warding off peoples' dogs, and usually swinging at them would cause them to flee. Whoops, wrong dog this time. You might just have to suck it up. Did you try apologizing profusely?
I'd take the above hints and delete my posts, too, if I were you. Good luck with this mess.
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Re: Help Dog bit a trespasser!!!!!
[Re: Chris Knepper ]
#69178 - 01/31/2005 08:56 PM |
Webboard User
Reg: 01-03-2005
Posts: 60
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based on the information that I saw regarding this issue, I could not tell whether the owner was present and watching this scenerio unfold, or if this is the account given by the amerigas worker. I dont know a whole lot about a situation like this, but I suspect if the owner was present, someone is going to ask her why she did not call the dog away from the worker if the dog is indeed controllable. Perhaps I missed this part... was the owner present?
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