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need advise for dog bite compensation


Constance

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Today, in a well-to-do neighborhood, a Mexican worker on his/her way to work was attacked by a dog and bitten. The owner of the dog offered to pay for medical bills, but at this moment we do not know if the dog bite needs professional medical attention. If it does not get infected, no doctor's visit is needed. The dog owner offered to pay some compensation for the pain, but we do not know how much to ask for. 

Can anybody give some advise as to how much this worker should ask for in such an incident? The worker was on his way to my house to work when this happened, that is how I became involved in this.

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Why don't you start by asking the dog owner what their offer is? The offer to pay medical and any kind of extra compensation is generous. If your worker doesn't want more money, why press for more?

I was in a situation where my dog was bitten badly and also my gardener. Actual expenses were paid with a receipt. It's not like a court of law where attorneys are pressing for more money, i.e. damages.

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The other scenario is twofold.   Not knowing the circumstances but from what you've said it was an unprovoked attack.  You and the gardener have first hand knowledge of a crime.   My first concern is that by not reporting it and someone else is bitten by the same dog then you are guilty of a crime by negligence.  So in that case would you not have a moral responsibility at the very least.  My second is that by not reporting it and asking for money you are guilty of a form of black mail.   Like, pay me money and I won't report you.

If I were in your shoes I'd have an attorney settle for me.   Likewise if I was in the dog owners shoes I'd have something drafted to prevent further recourse.

Also by reporting it the dog can and should be put down;  (I'd rather put down the owner but that's not going to happen)

 

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Thanks all for the advise. I was purposefully vague in my description of the incident so as not to create more bad will. In the past, the owner's dog had bitten someone else under similar circumstances (people walking past his house, dogs charging out of the gate). In this case, the owner was actually present when it happened, and yet he first denied any responsibility, and only under pressure, later and when confronted  in my presence, he very reluctantly offered to pay for doctor's fees. I am not quite sure why this would be a "very generous" offer? It was a woman who was bitten. Both of us want to make sure that this owner will be more careful in the future about supervising his dogs and that no more people get bitten.  I would not know where to report this incident, nor would she. Anyway, I thought, and told him that in this case a compensation for the pain was in order, and he said to name a price. The victim did not know what to ask for, nor did I.  That's why I came to this board to ask.

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If you're going to report it, we started with Red Cross for pictures of the bite and proof from a doctor that it happened. Then report with the police. They followed up, in my case, with a dangerous dog warning to the dog owner. The procedure seemed to be similar to the States, where there are multiple warnings involved before a dog is put down.

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My son was recently bit by a dog as well.  I told him, not that he listens but ask about vaccinations, first off rabies certificate.  If not available then police to enforce a rabies test by vet...  owner pay for dr. visits and such...and report made that dog is dangerous. 

Frankly I think sort of pushing it asking for pain compensation..JMHO.  Who knows could be same dog..sigh..

 

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3 hours ago, el bartman said:

The other scenario is twofold.   Not knowing the circumstances but from what you've said it was an unprovoked attack.  You and the gardener have first hand knowledge of a crime.   My first concern is that by not reporting it and someone else is bitten by the same dog then you are guilty of a crime by negligence.  So in that case would you not have a moral responsibility at the very least.  My second is that by not reporting it and asking for money you are guilty of a form of black mail.   Like, pay me money and I won't report you.

If I were in your shoes I'd have an attorney settle for me.   Likewise if I was in the dog owners shoes I'd have something drafted to prevent further recourse.

Also by reporting it the dog can and should be put down;  (I'd rather put down the owner but that's not going to happen)

 

What crime?

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Luvsdawgs, I realize the post you quoted seems a little extreme, but I come from new mexico where there is also an extreme problem with negligent dog owners. No one thinks it is a big deal until a vicious dog takes someone down and actually takes them out. Not controlling your animal may not be a crime in meico, but as one poster mentioned, if you report these things, eventually they put a dog down. It's about dogs being in the possession of humans that think nothing of letting the animal terrorize innocent people. I've been dog bit in new mexico 2x, both time the owners stated how the dog was a "sweetheart".

Loco IMO

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Last year, I believe, maybe the year before, someone in Chapala Haciendas was taken down by a pitbull, the dog was on top of him and he thought he was a goner., I do not remember how he got away, the dog did let him go. This dog attacked others as well and nothing was done by the police, that is why I asked what crime. I do not know the law here on this but other attacks have been reported and nothing, that I know of, was done to either the owner or the dog.

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I like to think its the owners who should be put down. So many dog owners seem to have a screw loose somewhere where they assign their pet human like rational and emotional capabilities. Their level of denial reminds me of Monty Pythons Black Knight in The Search for the Holy Grail :-)

When I had my incident with the dogs in Canacinta the police told me they could do nothing since "we can't arrest a dog". They said I should go to civil defense and the procuraduria municipal to file separate reports. So the police are impotent to help in the event of a dog attacking a human. However, I did get a kick out of how fast the police recently caught the fellow poisoning dogs in Upper Ajijic. I guess its a question of discombobulated priorities. The last I know, the 3 retrievers that attacked me on Prol. Ocampo in Canacinta are still there...mind you, its been a long time since I went back to check.

Let this latest incident be a reminder to all readers that dogs are NOT people. If you are an owner reading this post, please be a good neighbor and keep your dogs under control at all times. It is not only your responsibility as a neighbor it is your obligation according to Jalisco State laws. Alternatively, ask yourself if one day you too want to see your name and address posted here....

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This is late at night - and I have not been drinkin' or otherwise. BUT do you realise how easy it is to kill an attacking dog? Maybe I should hold tutorials - no, that would be the worst day of my life. What I am so sorry for, is that so many people here think they are "rescuing" abandoned street dogs and cats, when in fact they are convincing former "crazy for dogs and cats" lovers, Holy Church of the Canine, into people who really wish there weren't so many "rescuers" and their wards. Maybe get another hobby, something that benefits our community and its human inhabitants. Birds of a feather, flock together, after all.

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It really boils down to.is.... kid or dog..if you're responsible for it...you're RESPONSIBLE.  If you can't do right by it AND control it...kid or animal...maybe you shouldn't have it.  Sounds cold..but I'm really thinking of the welfare of the child or the animal.... not to mention those who are injured by the lack of caring.

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16 hours ago, CHILLIN said:

I'm sure Spencer, a busy, upcoming lawyer, legal translator, and new father, can't wait to take on a dog bite case.

This  worker is not your neighbor. In my experience and judgement  I personally would stay out of it for my neighbor´s sake. You will always have your neighbor around and the worker will be gone and if the neighbor knows what you did by filling the worker´s head with thoughts of grandeur as in your thinking just like a NOBer and others here giving you NOB advice including an array of moral or ethical thinking disregarding local normal procedures and customs you will be in deep trouble for patronizing your worker instead of thinking of your neighbor´s  best interest and letting the two involved work it out between themelves which is what they should be able to do in the first place without anyone elses involvement including pólice, MP or lawyers. IMO

Mexico is still a low liability country by law and any high liability thinking doesn´t work here. This fact alone is the main factor in the low cost of so many things in Mexico that we all living here have an advantage to enjoy. This includes dog bites among tens of thousands of other things that happen daily.

It is a dog bite, not that uncommon anywhere in the World.

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On this WebBoard, if you go to the "Furry and Feathered Friends" category, you will see a heading which reads something like "Report Animal Abuse".  It is always pinned at the top of the first screen within that Furry Friends category.  It gives all kinds of contact information for the Departmento Ecologico, located in Chapala.  They are the entity which gets involved in issues of animal abuse and neglect, and from personal experience, they will follow up on dog bite/attack situations.  I suggest you contact them, ESPECIALLY since I believe you posted that there is a prior history of a bite or bites with this dog.

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1 hour ago, AlanMexicali said:

This  worker is not your neighbor. In my experience and judgement  I personlly would stay out of it for my neighbor´s sake. You will always have your neighbor around and the worker will be gone and if the neighbor knows what you did by filling the worker´s head with thoughts of grandure as in your thinking just like a NOBer and others here giving you NOB advice including an aray of moral or ethical thinking disregarding local normal procedures and customs you will be in deep trouble for patronizing your worker instead of thinking of your neighbor´s  best interest and letting the two involved work it out between themelves which is what they should be able to do in the first place without anyone elses involvement including pólice, MP or lawyers. IMO

Mexico is still a low liability country by law and any high lability thinking doesn´t work here. This fact alone is the main factor in the low cost of so many things in Mexcio that we all living here have an advantage to enjoy. This includes dog bites among tens of thousands of other things that happen daily.

It is a dog bite, not that uncommon anywhere in the World.

Words of wisdom,perfectly spoken but unfortunately NOBism will prevail.

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Dog bites are ALWAYS potentially dangerous. If the skin is broken, there is a good likelihood of infection. Don't wait to see if the wound becomes infected. Have your gardener get medical attention now. As soon as it happens, any dog attack that breaks the skin should be reported to the police. You can then go before a judge and get a settlement amount. If the person fails to pay, you can then file with the Ministerio Público .

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8 hours ago, MtnMama said:

Dog bites are ALWAYS potentially dangerous. If the skin is broken, there is a good likelihood of infection. Don't wait to see if the wound becomes infected. Have your gardener get medical attention now. As soon as it happens, any dog attack that breaks the skin should be reported to the police. You can then go before a judge and get a settlement amount. If the person fails to pay, you can then file with the Ministerio Público .

 The Ministerio Publico has nothing to do with non payments of civic court settlements as it is not a crime here in Mexico.

 

http://html.rincondelvago.com/derecho-procesal-civil-mexicano.html

 

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You will get med bills paid if lucky, I dont take dog bite cases nor a bunch of other cases as I would never get paid

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