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Our neighbor claims he was bitten by our dog ( lab,

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Our neighbor claims he...

Our neighbor claims he was bitten by our dog ( lab, registered therapy dog for children and hospital patients) on January26. He approached my leashed dog and husband as they were walking on a walkway in our neighborhood. The dog's face appeared to touch my neighbors jean pants on his right side. The neighbor had come from poking around another house property and intentionally walked toward my dog, and started shouting our dog had bit him. My husband said I don't think so, so the neighbor dropped his pants. My husband saw a thin red line consistant with a scratch. The neighbor called 911, who cleaned his "wound" and placed a band aid on him. We went to see him and he told us the dog took a chunk out of him and he was gushing blood! We apologized if our dog hurt him and said we would pay any of his out of pocket medical expenses. We also assured him the dog was current on all vacinations and we would show him proof if he wanted it. Immediately afterward I observed him riding his bike around the neighborhood telling anyone who would listen that our dog bit him. He called animal control and told them that the dog and my husband walked past him, the dog turned his head and bit him. Animal control house quarantined our dog for 10 days, confirming he had all his shots.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Gilbert, Arizona. The neighbor sought additional treatment 5 hours later at an urgent care. He gave us a bill on March 9 for $282.00. The bill is from United Healthcare showing that they fully covered his expenses with no out of pocket. The diagnosis from urgent care was a bruise and a healed over scratch. This neighbor wants us to give him the $282.00 and if we don't he has threatened to sue us for pain and suffering and he has also threatened to get neighbors together to go to our HOA board and report that we are harboring a vicious animal. If we give him the $282.00 he will not sue. When I said I would reimburse his United Healthcare, who actually paid the bill, he became angry, saying if I told give him the money he will sue for pain and suffering and I would be sorry. When I explained he didn't pay the bill, he said he pays for his medical insurance and so I should pay his premium. I also told him that his description of events was not correct that he came to the dog and that the dog did not pass him. He told me that animal control told him we had no right to walk the dog on the walkway and we should not be using a long rope to walk him. The dog was on a regulation leash ( 4ft) and my husband had it shortened around his hand to keep the dog close to him. I recorded the entire confrontation and am not sure what to do. I am concerned that he has created a hostile environment for us in the neighborhood. We are anxious about walking our dog and because of his claims, I don't believe I can continue to use our dog as a therapy dog in schools.

Lawyer's Assistant: Has anything been filed or reported?

Just to animal control. And he told the fire department and urgent care who documented what he said

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so other than both my husband and I are very stressed.

Submitted: 4 months ago.Category: Legal
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Answered in 13 minutes by:
3/12/2018
Lawyer: Lori, Attorney replied 4 months ago
Lori
Lori, Attorney
Category: Legal
Satisfied Customers: 2,069
Experience: Attorney with over 25 years experience
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H​ello. Let me see if I can assist. It sounds like a total shakedown by him! He is just scamming and milking you for whatever it is worth. If you pay him the $282, he will likely not go away and will continue to defame you and your husband. He may even come back for more money!

I would recommend that you NOT pay him. If you have not been cited by your HOA then you do not need to worry about any enforcement issues. Also, you very likely have insurance coverage -- your homeowner's insurance. I would call his bluff and tell him to file his claim and you will deal with accordingly.

You are not responsible for his insurance premiums. You may be responsible for reimbursement of any medical treatment from his insurance carrier but he would have to file the claim. You have the phone conversation recorded, you witnessed the scratch and witnessed the threats and hostility. If it ever gets that far, the judge will not take to kindly to this guy and his misrepresentations.

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