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  #1  
Old Aug 04, 2007, 04:21 PM
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seeker1950 seeker1950 is offline
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The man who mows my grass is also sharing my garden space in my back yard. While he was here today, he informed me that my Golden Retriever pup had knocked his wife over and she had dislocated her shoulder. This happened a week ago. I always bring my two dogs inside when they're in the garden, but I must have been napping.
I think he wants money from me for this incident. I asked if they have health ins. and he said yes, and that the deductible had been met, though he didn't know how it would work out with emergency room costs.
I don't really know what to do about this. My dog is just goofy, too friendly, and he said she went between his wife's legs and she fell.

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  #2  
Old Aug 04, 2007, 05:17 PM
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try not to worry hon. I don't think you can be held responsible for this. they knew you had the dog and they were out there with the dog. maybe I am wrong but if you are sharing a space like that? hope not
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  #3  
Old Aug 04, 2007, 05:26 PM
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Thanks, Bebop,
I always bring the dogs inside when they're in the garden, but this time they just went into the yard without letting me know they were here.
I do really hate that this happened!
Henry really is a problem about jumping on people and I need to start working on her training more, since she's getting so big!
Patty
  #4  
Old Aug 04, 2007, 05:36 PM
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gostryter gostryter is offline
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hi seeker - i don't think you can be held responsible if the dog was in your yard and they know you have the dog.

if she were running through the neighborhood loose then you would be responsible...my dog jumped my fence and bit a lady (just a little scratch...my dog wanted to play with the dog she was holding)...i ended up with so many fines from the animal services i had to go to court to get them reduced!!! thankfully my neighbors were understanding!!!

i told my dog if she ever did that again...SHE was coming to court with me....i was scared infront of the judge!!!! LOL

dogs....they'll drive ya crazy!!!!
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  #5  
Old Aug 04, 2007, 05:42 PM
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it is simple, HE is the one that is allowed in the back yard not his wife, she is trespassing, if she gets injured tis her own fault, not yours, if it goes to court sue her for trespass.
  #6  
Old Aug 04, 2007, 05:43 PM
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oh and dont pay 1 red cent to him either
  #7  
Old Aug 04, 2007, 05:43 PM
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seeker1950 seeker1950 is offline
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Thanks, Gost...
Henry is just at that 6 month goofy clumsy stage and too enthusiastic, not realizing she is so big, still behaving like a puppy, and thinks she can get in my lap! She is actually the sweetest dog I've ever had, loving to play, very affectionate, loving her toys, and would never bite.
Thanks for the feedback!
Patty
  #8  
Old Aug 04, 2007, 05:46 PM
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seeker1950 seeker1950 is offline
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Thanks, Mellors.
I have thought of these people as friends, and he said his wife didn't want him to even mention it to me, but Clark is a money grubbler. He is a retired fire chief, lives in one of those huge "McMansions" here in the suburban sprawl, and just does odd jobs to keep busy. Any time he discusses money, he gets very aggressive, so I'm just waiting to see how this transpires.
Patty
  #9  
Old Aug 04, 2007, 06:07 PM
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he "didnt want to mention it to you" but he did, thats admitance of guilt, on his part, and your case against him is stronger than the one he has against you, dont let his previous job sway you into thinking he is right, she trespassed, she got hurt, it is his or her fault not yours, no court will award damages, you will have to cut your own lawn but i am sure you can manage.
  #10  
Old Aug 04, 2007, 06:25 PM
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Mellors, I'm pretty much of a wimp in this kind of situation.
I'm just hoping he doesn't come back and ask me to pay hospital bills that his insurance didn't cover. I have no money, and just to pay him for the yard mowing comes down to a choice between food and cut grass!
I just feel so bad about her getting hurt!
Patty
  #11  
Old Aug 04, 2007, 07:03 PM
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patty, they came into your yard without letting you know. if you had always put the dogs in before, when they were there, i can't see how it could be your fault.

don't give this man any money. it will cost him more to sue you than you would have to give him in court.

ignore him. end the association with them and cut your own grass or whatever it is that he's doing for you..........xoxoxo pat

p.s. write a nice letter, NEVER mentioning the dog and injury, and tell them you've made other plans for your backyard. that's all. keep a copy of the letter......
today, write down every word of your conversation with him. particularly that he told you that the deductible has been met and what he said about ER.....
  #12  
Old Aug 04, 2007, 07:07 PM
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Thanks, Pat,
I am a bit overwhelmed by it right now. I hope it doesn't develop to ugliness between us.
If they come to me wanting money, I will have to decide what to do at that point!
Love
Patty
  #13  
Old Aug 04, 2007, 07:12 PM
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please don't give them any money. your dog is a pup. they were benefitting from your backyard. consider it paid.....xoxox pat
  #14  
Old Aug 04, 2007, 07:58 PM
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(((((((( Patty )))))))))

Pat & Mellors are right about this. Please don't cave in to these people.

Hugs,

Jan
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  #15  
Old Aug 04, 2007, 08:07 PM
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Thanks, Jan...I'm hoping it doesn't develop into anything like that. My lawyer friend in Boston said I could consult with my home insurance agent, but often that results in cancellation of the insurance, so I probably won't do that.
Even though my golden pup is just a sweet goofy thing, I can't risk having my homeowner's ins. cancelled. I'm hoping it doesn't develop further. If he comes to me just wanting money up front, I'll have to tell him straightforwardly that I have nothing. We'll see.
Patty
  #16  
Old Aug 04, 2007, 08:13 PM
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Patty,

Be sure and write everything he said down. Put the date on it, too. If he talks to you again, write it all down, date it and make a notation of the weather, the high temp and the low temp that day.

Jan
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  #17  
Old Aug 06, 2007, 06:47 PM
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Soidhonia Soidhonia is offline
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Hello
seeker. I feel sincerely that you should call Legal Aide in your area since these people may not be entitled to money since they did not make you aware of the incident and file a report before they decided to get medical treatment for the woman. You are not even sure if the dog harmed the woman and it does not make sense that you owe these people money when it happened a week ago and they didnt even care to file an incident report with the police to get reimbursed for the injuries. I would see an attorney with legal Aide since their failure to present an icident report could leave you unliable in reimbursing the people for medical expenses. Anyone can misrepresent themselves and it would be wise to see and attorney to protect you and your best interests at this time. Take care and I hope things work out for you soon. Soidhonia
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  #18  
Old Aug 07, 2007, 03:09 AM
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I don't mean to put a damper on how thread seems to be going..... But - you could be held responsible for the remaining balance (after their insurance pays) IF this happened on your property.

.... this is why people have home owner insurance / rental insurance.
  #19  
Old Aug 07, 2007, 03:12 AM
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P.S.

Did YOU know the Lawn Man was going to be cutting your grass that particular day?
  #20  
Old Aug 07, 2007, 10:12 AM
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seeker1950 seeker1950 is offline
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Thanks, Soidhonia and Rhap...
He wasn't cutting my grass that day. He and his wife arrived and went to the garden. I was unawayre that they were here, and the dogs were in the back yard. I always bring the dogs in when they come, but they didn't let me know of their presence, and I was unaware of the incident till the next week when he came back to the garden. I really have no idea what happened other than his information.
I'll do the right thing if necessary.
Patty
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