My dog got injured in dog-park when she got impaled on the fence. Anyone know if I have a legal case for vet bills
She got her leg impaled on the fence of the dog park play area in the apartment complex I live in. The fence is about 4.5 feet tall with points on the top of each post. Should I pursue legal action to help with the large vet bills? If so, anyone know who I can contact in North Carolina?
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If you would like to read more info on what happened to this poor pup she has also posted a thread on the forums about this ,along with pic's and more info. Here is the address for the topic in the forums, since she can not answer on here I thought I would help.
Get well soon you poor thing
~ Princess ~ answered on Feb 12th.
Fist, I hope she's making a good recovery! Poor thing!
Is it a true city dog park, or does it belong to the apt. complex? Is it a park specifically for dogs?
There are a lot of factors involved in proving negligence, if indeed there is any.
For example, how did she get injured? Was the fence rotting or in disrepair when she was injured? If so, her injury may have been prevented with proper maintenance.
Was she climbing the fence? Technically, not negligence, just a plain accident and the responsibilty lies with you, as her owner.
It is probably worth looking into if you feel that it was true negligence on the part of whomever built/runs the park.
Keep in mind that unless you file all the paperwork yourself, you might be out more than the vet fees if you have a case that goes in front of a judge and is lost.
Good luck....hope this helps a bit!
Jack answered on 2/11/08. Helpful? / 0
I'm not quite understanding how she hurt her leg.This would help to give us a better idea on what to advise.
If your dog was jumping on or over the fence then chances are you will need to take care of it yourself.One other thing to think about is that your tenant insurance may help cover the bills.That is if you have any if not I would reccommend getting some for your protection.
You can always approach the building owner on helping with the bills.It is very nice of them to actually have a park for the dogs in the first place.Not many places that have those sorts of things or even allow dogs to be in the apartments.Keep in mind that you going to the owners or taking them to court is not going to make things look good for others that have pets there either.The owners didn't have to have this put up for anyone or even let people have pets therein the 1st place. So if it was me I would not rock the boat.Just chalk it up to a accident and let it go.Good luck
Pedro answered on 2/11/08. Helpful? / 0
I checked out the forum thread that provides more information and pictures of the fencing, which was quite helpful.
I am wondering if the dog area you use has any rules - either posted on the area itself or written down in the lease or a separate agreement? If so, those should give you an idea of where you stand.
I don't think have any recourse to recover your veterinary bills. In most dog areas, public or on private property, use is granted under "at your own risk" provisions. Meaning, if your dog gets hurt while using it, you are responsible for the bills. (Regardless of whether your dog gets hurt by another dog or a feature of the park.)
The fence that is up now certainly isn't a smart way of fencing a dog area, but I doubt anyone ever thought a dog would try to leap over it. You can certainly encourage the landlord to put a different fence - maybe have a petition.
But I don't think you can get your vet bills paid by the landlord.
Abby answered on 2/12/08. Helpful? / 0