Letter to the Editor

Dog attack

Friday, May 16, 2008

Dear Editor,

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with with certain unalienable rights, that among these are Life, Liberty and the pursuit of Happiness."

It is the beginning of our Declaration of Independence. From this all federal state and local laws are made.

From here my story starts -- while walking up to the post office in the village of Palisade, a large black dog attacked me. I was knocked to the ground with great force, and when I came to, he was on top of me. I was walking my dog; the large dog didn't seem to notice her. I kept talking to my dog in a very quiet voice to "sit and stay."

Finally, the large dog went back to his yard. Three people saw me on the ground and none of them came to my aid. I got up slowly, bruised, bloody and with a broken foot. I hobbled three blocks.

I called 911 when I arrived home and told the dispatch that I had been attacked by a dog and she gives me the dog person's name and nuimber. I called the number; he wasn't home, so I left a message. I called the sheriff,a nd he was to come out. I finally drove myself to the emergency room in McCook, spent three hours there, drove myself home, waited another couple of hours of the sheriff to arrive, no sheriff.

This was on Saturday. I called a couple of times on Sunday. Still no sheriff. Finally Monday, I talked to the sheriff personally and he said he doesn't do dog reports in Palisade because they don't cooperate with him.

I feel like I'm in a nightmare. I called the village officer and told her of the attack and the location of the dog. She said the village doesn't deal with this, and for me to call the highway patrol. I do this, and then the dog person comes to my house and tells me the village fired the sheriff. I ask, how can you "fire" the sheriff?

The highway patrol tells me that the sheriff must take a report! I call the sheriff back and he takes a report by phone. Then the village office finally calls me back and tells me the village lawyer tells me to get a lawyer. Oh yes, the village office says they don't have any local laws, only state laws, "but we don't enforce them"!

My constitutional rights have been violated. The law must protect people -- (is) the small village in western Nebraska exempt from keeping its citizens safe?

It's four weeks later, the dog is still running loose; no word that the owner has been notified. I've got a cast on my leg and (told) not to put weight on it.

I'd like to know when and where my rights are protected, that I have the freedom to walk on a public sidewalk and be safe.

Pet owners and local law officers must first keep their pets on leashes or in fenced yards and second, the law officers must enforce the law. Isn't that the oath of office? You really need to know about "how" the town protects their citizens before buying a house there.

Yours truly,

Ann Lubke,

Palisade

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  • if worse comes to worse i would file a lawsuit against the owner of the dog, the person is responsible for their animal not you. If you dog was on leash and you were not on their property then there is no reason the dog should have attacked you, not only that but no reason that somebody around didn't call the police or ambulance. They should be responsible to pay for you hospital bills and potentially loss of work resulting in the injury, not emotional trauma or any other bizarre things but your medical bills and work loss should be paid to you because of their lack of responsibility in the matter.

    -- Posted by billybobi on Fri, May 16, 2008, at 12:35 PM
  • Obviously no one in the village seems to care about what any one else does. I dearly love animals especially dogs since I have 3 of them. However, if another dog is known to be "out and about" within the village and randomly is attacking people, shoot the dog with a BB gun. If you can get ahold of the dog, cage it, take it to the humane shelter here in mccook and tell them what has happened. They will be in contact with the authorities and I bet something would be done then! Secondly, I'm not a sue happy person however with everyone "passing the buck" within the village and law enforcement, take it to court. You deserve at a minimum to have your bills paid and pain & suffering. PEOPLE NEED TO WAKE UP AND TAKE RESPONSIBILITY. Village's are not unlike a larger town. These villages always want things from the State and want to be recognized. Well then act like a responsibile village and take care of your citizens! People all over need to start caring about others. Not be so selfish and unwilling to help. I remember a day when you could walk down the street and say hi to people without getting nasty looks. People would run and help a person if they had fallen. People would take responsibility for their actions and the actions of others within their families. WHAT HAPPENED?

    -- Posted by FNLYHOME on Fri, May 16, 2008, at 1:28 PM
  • I believe that State Law requires all incorporated towns to provide law enforcement, by having it's own, or paying the sheriff to fill the village's inability to provide it's own.

    Should you file a complaint, you might want to include the village, and county as respondents. You have rights, but must also, when events dictate, fight for those rights. Good luck.

    -- Posted by Navyblue on Fri, May 16, 2008, at 9:04 PM
  • to Rural Citizen: "What Happened" I agree with your letter. In my opinion, "What Happened" was too many good Samaritans getting sued for attempting to be of assistance.

    -- Posted by doodle bug on Sat, May 17, 2008, at 12:55 PM
  • In response to your letter, 1.) Please don't judge all residents of Palisade due to the actions of a few people. Most people in in Palisade are good hearted folks, that would help anyone. 2. When you called 911 did you ask for an ambulance? If so then the Sheriff's office should be held liable for not dispatching one for you. 3. Towns and villages are not required by law to provide police services in their communities, however State law requires the local Sheriff to enforce any and all State Statues,(Yes there is a SS governing vicious dogs and dog bites, in the case the particular dog in question must be quarantined to be checked for rabies). All State laws take precedence over village ordinances. (meaning ordinances can not be more restrictive than State law. 4. was a written complaint filed with the village clerk? All ordinances are filed on by the Village Attorney. 5. According to insurance policies all dogs are considered personal property therefore any damages must be paid by the owner of the dog.

    Please contact your Village board and talk with them instead of taking your frustrations out on the employees, they are governed by the board and not able to make a lot of decisions regarding items not covered outside of village policy.

    -- Posted by jrchristner on Wed, May 21, 2008, at 2:30 PM
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