What Would You Do?

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Permalink Reply by Kristen Horton on June 18, 2009 at 5:47am

I would file a report, however, depending on where you live you may need to call the Mayor's Action Center. Here's some info. I found online that may help you.

Indiana

West's Annotated Indiana Code Currentness. Title 15. Agriculture and Animals. Article 20. Animal Control. Chapter 1. Liability for Dog Bites; Title 35. Criminal Law and Procedure. Article 47. Weapons and Instruments of Violence. Chapter 7. Reporting of Wounds Inflicted by Weapons and Burn Injuries. 35-47-7-4 Dog bite injury reporting.

Citation: IN ST 15-20-1-1 - 7 (formerly cited as IN ST 15-5-12-1 - 7); IN ST 35-47-7-4

Citation: IC 15-20-1-1 - 7 (formerly cited as I.C. 15-5-12-1 - 6); I.C. 35-47-7-4

Summary: These Indiana statutes provide the state's dog bite laws. If a dog, without provocation, bites any person who is peaceably conducting himself in any place where he may be required to go for the purpose of discharging any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States of America, the owner of such dog may be held liable for any damages suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness. It also establishes the conditions under which an owner will be criminally liable if his or her dog bites another person. In Indiana, physicians treating dog bite injuries are required to report such injuries not more than 72-hours after the incident.


Indiana Leash Law

Indiana has a “restraint statute.” Under this statute, dogs must be restrained at all times. If a dog injures someone when it is not restrained, the owner is subject to various criminal penalties, as well as civil liability.


Sec. 531-109. Owner responsibility for animal attacks.

(a) It shall be unlawful for an owner or keeper of an animal to allow that animal to attack and injure a person who did not provoke the animal prior to the attack. For purposes of this section, provoke means the infliction of bodily harm on the animal or another person, or conduct that constitutes a substantial step toward the infliction of bodily harm on the animal or another person.

(b) It shall be a defense to prosecution under this section if:

(1) The attack occurred in an enclosure in which the animal was confined without means of escape, there was posted at the main entrance of the enclosure a notice to beware of the animal, and the person attacked entered the enclosure without invitation; or

(2) The person was attacked during the commission or attempted commission of a criminal act on the property of the owner or keeper of the animal.

(c) A person who violates any provision of this section shall be punishable as provided in section 103-3 of this Code; provided, however, a fine imposed for any such violation shall not be less than five hundred dollars ($500.00). If the violation results in the animal causing serious bodily injury to any person, the court upon request shall order the animal forfeited and/or destroyed.

(G.O. 97, 2004, § 2)


Mayor's Action Center

327-4MAC(4622)

To ensure your service request is processed accurately and in a timely manner, please carefully review the following instructions as they have changed to include an ability to accurately report a pothole:

Emergencies:
For all life threatening emergencies, Please call 9-1-1

Time Sensitive Issues:
For example (but not limited to):

* Sewer back up
* Animal bite or a stray, aggressive animal
* Missed trash collection
* Traffic signal issues

Please call the Mayor's Action Center. (317-327-4622)
Our busiest times are Mondays and Tuesdays with lower call volumes occuring early in the morning or on Thursdays and Fridays.


Q. How do I report animals that are stray or abandoned, sick or injured, not receiving proper care, aggressive or dangerous, attacking or biting, or barking?
A. If you live within Marion County, please call the Mayor's Action Center at 317.327.4622, 7:30am-5:30pm, Monday through Friday for service requests or information.

For after hour emergencies including sick/injured animals, dangerous and aggressive animals and animal attacks in progress, please call 317.327.3811.

To report nuisance wildlife please call the Indiana Department of Natural Resources at 317.232.4010.




IN - Bite - Indiana Dog Bite Laws IN ST 15-20-1-1 - 7 (formerly cited as IN ST 15-5-12-1 - 7); IN ST 35-47-7-4 These Indiana statutes provide the state's dog bite laws. If a dog, without provocation, bites any person who is peaceably conducting himself in any place where he may be required to go for the purpose of discharging any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States of America, the owner of such dog may be held liable for any damages suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness. It also establishes the conditions under which an owner will be criminally liable if his or her dog bites another person. In Indiana, physicians treating dog bite injuries are required to report such injuries not more than 72-hours after the incident.


Community Mediation Services (Indyspute Resolution and Dialogue)
Address:
10 W. Market St., Ste. 1950
Indianapolis, IN 46204
Phone(s): (317) 633-4283
Fax: (317) 633-4284
E-mail: info@indyspute.org
Web Site: http://www.indyspute.org
Operating Agency: Indyspute Resolution and Dialogue Center, Inc.
Hours: Mon.-Fri. 8:30am-6pm; 2nd & 4th Sat. 10am-4pm
Description: Offers mediation services to individuals, organizations and communities. Trained volunteer mediators will help those in conflict discover the sources of contention, identify potential solutions and empower participants to take actions necessary to reduce the negative impact. Parties are expected to take active roles in addressing the problem, the mediator will help the parties by facilitating dialogue between them with the goal of de-escalating the situation and scheduling set times and places convenient for the parties to talk. Mediation is offered to disputes such as family, friends, neighbors, business partners, landlord-tenant and consumer-merchant.

Fees: Sliding scale based on household income, never to exceed $50 per mediation, amount split between both parties unless otherwise
Eligibility: Residents within the boundary area. Disputes of any size and type will be considered.
Area Served: Marion, Hamilton, Hancock, Shelby, Johnson, Morgan, Hendricks, Boone counties
Intake Procedure: Call

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Permalink Reply by Cissi Sherlock on June 18, 2009 at 8:28am

Genie,

You know I am your friend and if you need me to from a coalition to support you, I will. Being a foreigner is not an issue when it comes to taking care of those you care about.

You are not foreign to me, you are my Genie!

Kristen offers up good and thorough advice. Please consider following it through.

If you need a shoulder, I'm here.

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Permalink Reply by Genie Goykhberg on June 18, 2009 at 11:03am

Thank you, ladies, for your time, advice and your support.

It means a lot to me...

I will probably go to a veterinar, Shulya (female) has a read eye.

My concern is that I have to live with these people, preferable in peaceful setting...

Thank you again.

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Permalink Reply by Tino Marquez Jr. on June 18, 2009 at 12:32pm

Seeing as how from your account of the situation that the owner of the dog was NOT very sympathetic to your dogs or fears, I would probably press the matter if I were you. Not to the point where the dog is destroyed, but people need to keep their dogs on a leash. There have been several times when I was walking my dog (small terrier daschund mix) and neighbors dogs would run up trying to bite him (he incites because he is fearful I believe and that drives dogs crazy). And several times I had to kick the crap out of my neighbors dogs while holding my dog up in the air, sometimes in front of the owners. I mean business, no one and nobody's pet is hurting my dog.

People need to keep their dogs on a leash or at least be more sympathetic and human when something has gone wrong instead of telling you to be quiet. To many of us, especially someone like myself who does not have kids, these little rascals are like our babies, our family. They mean so much to us and like you did, we would protect them with everything at our disposal.

At the very least this person, the owner of the dog, should pay for the cleaning of your dress or the replacement of it.

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Permalink Reply by Genie Goykhberg on June 18, 2009 at 1:01pm

scrached knees and two broken nails (LOL).

The dog escaped from a fenced yard through an opened gate. I understand that things happened and I dont want the dog be killed.
Just like you said, if I was them I would come to their house, apologize and offer compensations for whatever damage my dog would caused.

I will report it to the Homeowner Association.

Thank you very much for your notes

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Permalink Reply by Cissi Sherlock on June 18, 2009 at 1:15pm

We're behind you 100%.

If it gets deeper, let us know, we will help.

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Permalink Reply by Genie Goykhberg on June 18, 2009 at 2:07pm

Cissi! You are something! You constantly make me smile - one way or another!

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Permalink Reply by Annie Sever-Dimitri on June 18, 2009 at 1:20pm

Genie,

I am so sorry to read this. I completely understand, as my dog has been attacked twice by larger dogs. I would for sure bring it up with the Home Owner's association and follow Kristen's advice. I have called the Mayor's Action center a few times about animal abuse and neglect cases, and they are very thorough with their follow through. Also very kind to deal with. Our vet offers Chinese medicine, chiropractic, and accupuncture for animals. Her name is Julie Towle at Pet Pals in Nora. She is also very reasonably priced. She could provide additional resources for your kids that would be really helpful in releasing trauma energy that builds up from these attacks. The phone number there is 257-1761. Best wishes to you and your babies!

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Permalink Reply by Genie Goykhberg on June 18, 2009 at 2:13pm

Thank you, Annie!

I was planning to switch our vet! Great information!

I can teach you how to do massage, reiki, accutherapy to your baby. Mine love it! I use crystals, light, tuning forks to do accutherapy on their paws, back of their heads, tails and ears.

Anyone who wants to learn I would be honored to share!

While with a human being I make a decision how long to hold a point, animals pretty much control the situation - they know when its enough. They also know when to ask for a treatment.

Thank you, again!

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Permalink Reply by Erik Deckers on June 18, 2009 at 3:20pm

My wife was bitten by a dog last week. We called the police and they sent an EMS to check her out. The police got rabies and shots information from the owner, who I imagine was a little worried when the police showed up on his doorstep.

The guy barely mumbled an apology, and luckily there were no costs associated with my wife's medical attention. However, we would have been in the right to ask for it.

You can make a similar claim, especially if you paid out-of-pocket costs because of the other dog. Like Kristen said, file a report and get it done. If necessary, speak to an attorney.

The dog won't necessarily be killed, unless it was a savage attack. However, if the dog escaped from a fenced-in yard, the owner is definitely negligent.

I realize you don't want to upset your neighbors, but how upset are you about your dogs? Did they show you the same consideration? Don't worry about upsetting your neighbors. It would be great if you could come to some acceptable solution without involving an outside person, like an attorney, but their negligence shouldn't cost you any money.

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Permalink Reply by Genie Goykhberg on June 18, 2009 at 8:26pm

Thank you, Derick!

I hope you wife is OK.

We did pay out-of-pocket, as it happened in few month after that dog grabbed Lyova's backbone an moved his disk. It took time for the disk to pinch the nerve and then he was paralyzed...

We didn’t even think twice about money - he is a member of family. I was driving my paralyzed dog to Purdue Veterinary Clinic through the blizzard when semis did not risk driving.
The vets there are better then most MDs.

I agree that somehow it must be addressed to avoid another accident in a future...

Thank you, again

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Permalink Reply by Deborah Daily on June 18, 2009 at 8:48pm

Definitely report it! My best friend has 4 fur children-shitzus. One attack resulted in losing an eye. Another resulted in injury. The pain she felt was real and devastating.

As a parent of children, REPORT IT! While we feel devastated over the hurt caused to our fur kids, if that dog attacks someone's child the owner is in a greater amount of danger and liability. And by reporting it, maybe you'll be able to save another pet owner or parent from the pain and anguish that you're suffering now. It's simply being responsible to your community. By reporting it, that doesn't mean the dog will be put down. If you'd like more info, or would like to contact my friend direct, I can forward your info to her. Please REPORT IT!

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