Can I sue?

Question

I have two accidents in the past where a couple of dogs-not tied up or in fence-jumped out and scared my horse. Both times he jumped right out from under me. I was riding on the side of the road. The first time I got a neck and shoulder injury that still bothers me (it happened 6 years ago), the second time, I injured my back and hip and it also still hurts. This one happened about 2 years ago. I've paid a fortune on chiropractic bills (no insurance) and it's helped some, but the chiropractor is something I have to do all the time or the pain comes back. If this happens again, can I sue the owner of the dogs and get him to pay my DR. bills?

Answer 1

Not now.  You should have made a report of the incident at the time.  

In any case the argument could be made that your horse is not well trained enough to be safe or you are not capable of controlling him and staying in the saddle.  If all the dogs did was scare him then he needs to be desensitized.  If the dogs BIT him it would be another story.

Answer 2

You can only try to sue for the incident that occurs next.

You can not sue for the prior situations as you never reported it and status of limitations has occurred.  So, all those bills are sadly, out of your own pocket.

Any further you decide to charge if a situation happens again, you can only do for that situation.

BBS above me sumed up some of it.  You can have the situation happen but with out proof it was from their animal spooking your horse, causing injury to you or the horse, you don't got a lot to sue with. Need witnesses and would need to call animal patrol/police to the scene.  

Sadly, there is a lot of scammers who will fake injuries by faking the scene. Saying someone hit their car, someone beat them, someone stole their animal....I am so amazed at some calls I hear about when I did some "ride alongs" with the local police department.

Yet, keep in mind, think about the first 2 times. You will be judged on why you continue to go in that direction or route, knowing you can get injured. You also will be questioned why you never spoke to animal patrol about a dog attacking and seeing a un-contained animal never reported.

I would advise a different route and discuss this with the animal patrol about sending a letter of ordinance to the residence to have their dog properly chained or locked up to make sure no future accidents can occur.

Since it was 2 and 5 years ago, it doesn't happen "often" with you or assuming others if the environment is never changed. I don't see much of a change and sadly, only big changes seem to happen when the worst events make it to be. (Always seems it takes a big accident or even death to result the county to do a change...)

P.S. You not having insurance is not the other parties fault according to the law standards for you paying a fortune due to not being insured. I recommend getting health insurance in case you get injured again, whether on horse back, car, home, work etc etc.

Answer 3

It is worth asking the solicitor, but in these cases it is unlikely that you would have a case.  Proof at the time of the accidents, doctors reports etc all should have been done at the time.

Answer 4

When I go riding down the road I am aware that any resident might have a dog or other animal that might scare my horse.  One neighbor has 3 little dogs that ran out into the road.  My horse did not do anything i was more worried the dogs might get hit as no one was around to call them back.   My dogs are loose all the time.  No one else rides down our road so I do not know how they will act but they do not go in the road they might come up to say hi because they are used to me being on my horses.  What if you were out riding and a wild animal jumped out and scared your horse who are you going to sue then.  That happen to me I dislocated my hip and i feel it every day.  I was not thinking about who I was going to sue I was like I guess I need to teach my horse not to take off when a turkey flys out of the grass. This world has become too sue happy and it makes it harder for those of us who take resposibilty for ourselves.  I know a lot of people that will not let others ride on their land because they are afraid if they fall off then they will get sued.  When people do not take resposibilty and realize riding horses is dangerous and things happen and you fall.

Answer 5

Anyone can sue anyone for anything - doesn't mean you'll win.  But, it sounds to me like you have fairly compelling case - IF your local ordinances dictate that pets be leashed, restrained, or behind fences.  You'd have to prove that your injuries are the result of those specific instances involving the neighbor's dogs - any witnesses to the incidents?  Someone would have to corroborate your story; otherwise, it's a case of "he said-she said".  Can you prove that the dogs involved belong to your neighbor?  Did the dogs come onto a public right of way or did they remain on their owner's property while startling your horse?

Look into your local pet ordinances & find out which lawyers in your area will do free consultations.  Good luck.

Answer 6

At this point in time, I'd say you have a slim to none chance of winning a lawsuit.  You should have called the police right away and filed a report so you would have some physical proof of what happened.

If there is no leash law in the area you were riding in, I don't think you have a leg to stand on because the dog was not required to be tied or fenced in.  If the dog attacked your horse and provoked a flight response from him, then you might have had something to sue over....if you had filed a report.

If you chose to ride on the road, then you are responsible for controlling your horse in any given situation.  Maybe you should train your horse better.  My horses don't freak out over any dog, no matter how big, how small or how unexpected their presence may be.  It doesn't matter if the dog is barking, charging, following or whatnot.  My horses don't spook over dogs.

Answer 7

If the fence containing dogs is inadequate, or they are loose in violation of leash laws, it's possible to prove that the owner's negligence caused your injury. If you are in an area where there are no leash laws, and the dogs just jumped out and scared the horse, you would probably be held responsible for knowing the risk of riding a horse that might react to that sort of thing, and you rode at your own risk.

It doesn't sound like the dogs attacked you...just scared your horse by being dogs.  You are expected to train your horse to ignore such things before riding along public roads.

Answer 8

You can sue now.  No one has the legal right to own a dog that has become a threat to the public.  Even if the dog stays on the owners property, if you are doing something legal like riding on the road you can show the owner has not taken steps to prevent the dog causing problems.  The owner could put up a fence, tie up the dog, or better still teach it not to bark at horses or people not on the owners property.

Here is two solutions that I like better than suing though.  I use ammonia in a good squirt gun (one that does not leak).  I squirt the offending dog in the face and the ammonia catches their breath away for a minute.  They never bark at a horse again.   The other solution is to have a horse that likes to confront dogs.  We have three that I know like to confront them.  Our other 4 I have not ridden enough yet around dogs to know, though our stud likes to chase them in the field to play so I am pretty certain he will.

Answer 9

you can for future incidents make sure you report it and contact the ranger if the dogs leave their property to scare the horse and most likely the ranger will persue the matter aswell

Answer 10

1. you should go ask a lawyer. (they know your local laws better then anyone here)

2. you shouldve asked this question 2-6 years ago, with all the time that did pass, you may have a hard time proving the injuries were caused by the dogs.

3. you may go to the police and tell them (if the dogs are still not tied) to go check it out. animals have to stay on the owner's propety or be tied.  we have had trouble with dogs running on our land, we take them back with a warning to the owners, next time it happenswe're calling the police and if it continues to happen then we'll have animal control take them away.

Answer 11

Well I think it is very worng what the dogs are doing. Talk to the owner in a stern voice about how you feel. They may not even know whats going on. If you told them they could try to fix it. Explain to them about how you have to pay a fortune all because of there dogs. This will make them at least try. then if they dont make a difference talk to them about paying your bills. You cant just...sue. You have to higher a lawyer and all this stuff which costs money.

Good Luck!

Answer 12

I think that's a bit of a "after the fact" on a lawsuit.  My late hubby tried to sue decades ago for a car accident that the other driver caused and all the other driver did was declare bankrupty.  He NEVER got a dime.

There are plenty of folks who have NO brains when it comes to dogs.  That's why you HAVE to make sure your horse can handle dogs that come out from NOWHERE.  I have an old Azteca who can and does spook from the silliest of things, but when it comes to dogs, he will either hold his ground or go out after them.

I had a dog go through my backyard gate and savage my little sheltie.  26 stitches later I tried to get the owner of the GS to pay for the bill, but he MOVED FAST!

Your best bet would have been to call the police when it happened and then to file a lawsuit SHORTLY afterward.

Answer 13

Yes, you can sue, but ask yourself this: will the investment of time & money be worth it?  Small claims for amounts under $3000 (I think) don't require an attorney, but if you've ever seen 'Judge Judy', you will need to be VERY prepared.  Otherwise, attorneys will require a retainer, usually several thousands of $$ before they will do anything and there's no guarantee of success.  Often times, if you do "win" your case, trying to get the $$ out of the other party will require going back to court.  I suggest you  talk to the dog owner and try to "settle out of court"...at least explain the dangers & injuries that can occur to their dogs from an angry horse!

Answer 14

For Past Injuries

If you didn't file a police report and have no witnesses....I seriously doubt anything will happen.  Your word against theirs.

Not sure if the limitations have run out for where you live either.  You'll need to check on that.

If It Happens Again:

Now I am assuming these dogs are running around your horse, nipping and barking as if trying to attack.

You should call the police first off.  I, myself would sue.

Hopefully the dog will still be around, you have a witness to identify the dog, and the dog has a tag.

If he is tagless the owners can say "I have no idea who he belongs to, he's been wandering around here alot.  I just assumed he belonged to a neighbor"  Then you have no case.  Your word against theirs (unless neighbors are willing to identify them as the owners of said dog)

BUT..if they do say it's their dog and will pay your bills...GET IT IN WRITING!  Whenever you have any convo's with them have a tape recorder on hand.

Record all phone calls and save all messages.

Always take a witness with you.

I'd get a free consult with a lawyer myself. :)

*after more thought*

If these dogs are just loose, not attacking you have no case (I wouldn't think).  It's no different than a deer jumping out of the brush.  Being that you are on a live animal you yourself are taking risk and know it.  I think that is how a judge would see it.  Most the people would get is a fine for a loose dog...at least that is how I see it.

edit:  ha!  Lusitano does the legal eagle stuff, she says free consult too!

Answer 15

No you can't.

Look, horses get scared of things and riders fall off. They are the facts of life. If people wish to have their dogs loose they may. You've got injuries that 99% of horse rider's have. Deal with it!

Why do people have to blame someone else for their problems?

Why put your horse in the position that this could happen again? You're just asking for trouble. And looking for a reason to sue some one. Just ride your horse some where else. Easy answer to stop that a-rising

Answer 16

I don't think so. You should of called the police once the incident happened.

Answer 17

YES!! SUE THE c**p OUT OF THEM!! I would sue for the scar damage done to your horse and for your pain and suffering! Dont wait

Answer 18

the best thing you can do is train your horse to ignore the dogs.dogs are territorial by nature and they are doing what comes natural to them and if one comes to the fence and barks scaring your horse the defendant can argue that you did not have sufficient control of your horse to prevent an accident.my horses were trained to ignore dogs because they were raised around dogs and all the ranches around me have dogs that are very territorial because they protect their ranches livestock so i trained my horses to turn and face the threat and if the threat tries to attack they will stomp then turn to kick so 99% of the time the dog runs away the 1% that keep coming get a reminder why they shouldnt keep coming but acording to the law in my rural area i have to maintain control of my horse at all times no matter what.

Answer 19

shadow is right..

and you cant do much now, if it was two years and 6 years ago. i mean if it happens again, talk to a lawyer, dont ask us.. most likely not many people have had this happened to them.

sorry if im no help but.. you should of thought of this a few years ago

Answer 20

If this happens again then I think so, or maybe even for the one 2 years ago. Try one of those "no win no fee" firms that are always on tele asking if you've had an accident in the last 3 years that wasn't your fault. Good luck!

(I'm in the UK by the way)

Answer 21

Too many ppl are way too sue happy in this day and age, and then yet those same ppl complain about medical and legal fees...

If it took 6yrs for you to get to a point to want to sue someone... your one of the problems.

Anyway.. many of us pay medical bills and accupunture/chiro bills on ourselves that insurances do not pay.  It comes with age too.  

Next time, ride away from the dogs or be prepared for the dogs to jump out since its happened 2x's now.  Stop looking for reasons to sue ppl.

Answer 22

as someone who trained horses for many years and someone who has a dog I would say this is partially your fault as well as theirs. after the first time you noticed that these dogs had issues with your horse and your horse has issues with these dogs YOU should have done something called training your horse. try calling the people and without anger or wowas me i have to pay medical bills ask them for their help. take the horse and the dogs together. have some really good yummy treats like hot dogs (light) for the dogs and some special yum-mys for the horse. feed them together. those who eat together stay together. the dogs will associate the horse with treats and the horse will associate dog barking with treats as well.

my dog teddy was terrified of horses until we went through this process. maybe instead of these dogs if they are too aggressive or the owners not helpful ask a friend with a calmer dog.

i would just avoid this area in the future. you have i think a 3 year window to sue someone so i don't think you can really sue for back bills over 6  years. and suing really causes issues between neighbors.

I'm sorry you got hurt, but falling is part of riding, sometimes it happens. YOU NEED INSURANCE if you have the money to keep a horse you have the money to take care of yourself and get insurance. after all if you fell off and broke your leg who would take care of your horses. just like being prepared with hurricanes with pets care you need to think about this as well. good luck and ride safely.

Answer 23

If you're in the US, which I'm going to assume you are, you could have filed a lawsuit.  You had a cause of action-personal injury.  However, there are a couple of aspects that go into your case/complaint.  As some other people have mentioned, horse riding comes with some risk.  It's very possible and likely that you assumed the risk (assumption of the risk in legalese).  If you reside in a comparative fault state (comparative fault being a method of dividing risk between plaintiffs and defendants) it's also just as possible and likely that riding your horse alongside a road could put you at fault (I'm not saying you did anything wrong-- I don't know the specific location ie country road, main street).

Also, you have the issue of your horse spooking-- it's a causation issue.  Did the dogs cause your horse to spook, how tolerant is your horse of dogs etc.

Most importantly though, is something called the statute of limitations.  Statutes of Limitations govern the time that someone can file a lawsuit and vary by jurisdiction.  Typically, personal injury actions must be filed within 1 to 2 years after the injury.  However, if your symptoms just manifested, there is what is know as the discovery doctrine that would permit you to file a personal injury action years after the original accident so long as you conform to the Statute of Limitations from the date you discover the injury.  

So it depends--you could most likely check with any attorney and tell him the facts of your case for free.  Also, there are attorneys who will take your case without you paying them upfront- they will take a larger cut though of your judgment (contingency fee).

Answer 24

yeah if course sue them!! you should tell the owners about what happened!!

Answer 25

You'd have to speak to an attorney to have this question answered accurately.  Many attorneys (especially personal injury) will do consults for free; others may charge up to $300 or more for a consult.  Good luck.