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DesertSpider
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Post 22Posted: May 21, 2007 - 08:40 PM  Reply with quote  Back to top
Post subject: Uh Oh...................

So the story goes something like this.

We have a golden lab that is still pretty much a puppy [getting bigger daily]. So about a month ago my fiancée was walking the dog and returning home. The "security" guy / door man in our building sees her returning with the dog. They [the security guy and the dog] are fairly good friends and acquainted, so the guy runs up to the dog to start playing with it as she approaches the door [dog is on a leash]. The dog gets excited and stands up on her hind legs and tries to jump up onto the door man. The door man reaches out and the dog inadvertently scratches the door man's wrist. The scratch slightly breaks the skin and a really small amount of blood came towards the surface, just below the first couple layers of skin, but never started to run or collect.

That was a month ago.

This day also just happens to be his last day of employment with our building mgmt. So, this past week we get a call from our building saying that the security company he works for wants to have a meeting regarding the "dog incident". We accept and talk to them with our building mgmt as the third party. The employee, who now works at a different complex is claiming, through the security company rep, that he wants to be compensated for medical bills as a result of the scratch.

So the meeting today went something like this: the security company's representative wants us to pay for the employee's medical bills: which they say he went to the hospital and received treatment [and future treatments], i.e. shots, for potential infections - of which there are 20 - 30 total shots over the course of one month. They want us to pay for his 'lost time at work' - which they are claiming is one months worth of salary. And finally they want some type of "suffering" compensation. All in all they are asking for approximately $1000 USD not including the suffering payment(s) – to be determined at a later date.

We agreed to reimburse the employee directly, not through some intermediary, all medical expenses associated with this "incident" if the receipts were provided in full. We are still negotiating the 'lost time' situation and the ‘suffering’ thing.

Luckily we have a crack team of Harvard lawyers that are experts in Chinese law working here to consult with, but I'm interested in what is common in these types of situations. I know what the laws are in the U.S. and exactly how this would play out there... but this isn't the U.S.

Thoughts and comments ?
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underh20
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Post  Posted: May 22, 2007 - 08:28 AM  Reply with quote  Back to top

I bet that the guy isn't getting any anti-rabies shots and just trying to sucker you out of >$1,000. I'd offer to pay if you can go any physically see him getting the injections. Receipts are easy to come by and don't really mean anything.

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DesertSpider
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Post  Posted: May 22, 2007 - 09:43 AM  Reply with quote  Back to top

The dog has all the proper vaccinations and paperwork. I told the security company that we would deal directly with the employee, absolutely NO intermediaries. I smell the hint of scam here. Too many people trying to blow something out of proportion to get paid [e.g. China]. The "rep" they sent even looked like a shady ex-taxi driver.

I want to do what is right and fair, but I'm not about to bend over for anyone.

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underh20
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Post  Posted: May 22, 2007 - 09:50 AM  Reply with quote  Back to top

Two questions:

If a dog has a rabies vaccination, does that mean it is impossible for the dog to have or pass rabies?

Are the potential infections they mention tetanus?

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DesertSpider
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Post  Posted: May 22, 2007 - 09:56 AM  Reply with quote  Back to top

underh20 wrote:
Two questions:

If a dog has a rabies vaccination, does that mean it is impossible for the dog to have or pass rabies?

Are the potential infections they mention tetanus?


Ummm I don't think any vaccination is 100% foolproof - so I guess the dog could be a carrier. Although unlikely.

I'm assuming tetanus - unless there is some other mystery infection that animals spread here............

Still doesn't seem on the up and up with the laundry list of compensation they are asking for.
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Post  Posted: May 22, 2007 - 10:00 AM  Reply with quote  Back to top

Assuming your side of the story is true this is totally a giant scam. I wouldn't pay a thing especially because they (supposedly) got treatment PRIOR to asking for compensation!
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underh20
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Post  Posted: May 22, 2007 - 10:05 AM  Reply with quote  Back to top

Could be they are worried about tetanus. If the guy has never had a tetanus shot, I guess the usual thing is a series of shots.

However, chances are that they are saying this yet the guy never goes to get any shots.

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Magnolia
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Post  Posted: May 22, 2007 - 11:29 AM  Reply with quote  Back to top

statue of limitations (of sorts?). i smell a scam.

in all honesty, it is probably easier to pay the security guy off a few hundred dollars and have the problem go away. it's not worth the potential risk to your dog.

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BONNIE
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Post  Posted: May 22, 2007 - 11:43 AM  Reply with quote  Back to top

Desertspider,

I hope you don't live at Top of City !

A young golden labrador bit me in the Qwik Shop next to this complex.
I AM having the Rabies shots.......

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DesertSpider
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Post  Posted: May 22, 2007 - 12:08 PM  Reply with quote  Back to top

Bonnie - no, not mine. I live at the Crescent near Century Park in PuDong.

I have absolutely NO problem making things right in this situation, but I'm by no means going to let some shady security company rep be my "negotiator" - I also asked "... at what point do I know for sure that this issue has been completely resolved ..." I have this strange sense that this could go on for a long long time, six months later "Oh, we need an additional $XXX for this and $XXX for that".

I'm going directly to the guy who had the scratch, he and my fiancée are / were on really good terms, even after the scratch incident. There are too many people with their hands in this.

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Magnolia
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Post  Posted: May 22, 2007 - 12:14 PM  Reply with quote  Back to top

completely agree with you there.

go directly to the source and deal with the individual who stands to "benefit" (for lack of a better word). but do make the problem go away for the protection of your pooch.

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DesertSpider
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Post  Posted: May 22, 2007 - 12:21 PM  Reply with quote  Back to top

Thx for all the input guys and gals - to be continued - I'll post the update after the next development.

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Post  Posted: May 22, 2007 - 12:24 PM  Reply with quote  Back to top

DesertSpider,

You can ask for his medical records, hospital visits history. I went to a local hospital for Rabies shots so I can tell you the procedure and the costs involved.

Day 1 - See doctor who prescribes Rabies shot and Tetanus Booster. Total Cost Rmb130-00
Day 4 - Rabies Shot. Cost Rmb70-00
Day 7 - Rabies Shot Cost Rmb70-00
Day 14 Rabies Shot Cost Rmb70-00
Day 28 Rabies shot Cost Rmb70-00

So total costs less then Rmb500-00

I was issued with a Hospital Card and Treatment book which recorded all my treatment and dates of visits.
Not all hospitals carry Rabies Vaccine so he might have had travel costs.
Time spent waiting at the hospital ? The first time I spent about half an hour there as they irrigated the wound for 15mins, but subsequent visits I was in and out in 10 minutes.

Ok, that's the drill - fresh from the horses mouth - I had my last shot yesterday Smile

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Magnolia
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Post  Posted: May 22, 2007 - 12:29 PM  Reply with quote  Back to top

do they still administer the shots in the belly?

does it hurt as much as they say?

morbid curiosity.

but glad to hear that you are okay, bonnie! what an ordeal!

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Post  Posted: May 22, 2007 - 12:47 PM  Reply with quote  Back to top

Not any more - shots are in the upper arm now - not much fuss.
But you do feel a bit sh*t for the day after each shot, although not bad enough to need time off work.

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Magnolia
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Post  Posted: May 22, 2007 - 12:58 PM  Reply with quote  Back to top

that is a relief.

have always had a fear of having to undergo rabies shots in the abdomen. there was probably some after-school special or made-for-television special that instilled the fear.

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Post  Posted: May 23, 2007 - 12:56 PM  Reply with quote  Back to top

Get unequivocal evidence of the shots. If you get them, pay for them, to hell with 'lost work time' and 'distress', which is utter bullcrap.

All in all, paying for anything is being generous, the guy didn't exactly have to go near the dog, did he? Talk about lack of taking responsibility... again...

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Post  Posted: May 23, 2007 - 04:32 PM  Reply with quote  Back to top

findus wrote:
Get unequivocal evidence of the shots. If you get them, pay for them, to hell with 'lost work time' and 'distress', which is utter bullcrap.

All in all, paying for anything is being generous, the guy didn't exactly have to go near the dog, did he? Talk about lack of taking responsibility... again...


Even if you compensate for "lost work" this person should show evidence for his monthly salary, including a contract. If he doesn't have it, it should be the minimum.
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DesertSpider
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Post  Posted: May 23, 2007 - 06:36 PM  Reply with quote  Back to top

Yeah, I also thought about how will I know for sure that he hasn't been working, it's not like I have access to his attendance records or something.

If it were me, I wouldn't take a month off of work UNPAID with no guarantee that I was going to be reimbursed - for a scratch. That's crazy talk... which = I smell bullfeces.

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Post  Posted: May 25, 2007 - 03:30 PM  Reply with quote  Back to top

There is no way this guy has been off work for a month, and if he has then it's his own fault. Scared of rabies, dont go near doggies.

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yu888
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Post  Posted: May 25, 2007 - 04:25 PM  Reply with quote  Back to top

hang on, scam or no scam, the dog did bite, (sort of) so DesertSPiders commitment to make things right is proper. All the other comments about not going near the dog are all water under the bridge now. Does sound suspicious. But I think your concept of dealing directly with the injured party is fine. Get proof of everything as you thats teh leastt you can do.

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Post  Posted: May 25, 2007 - 05:23 PM  Reply with quote  Back to top

yu888 wrote:
hang on, scam or no scam, the dog did bite, (sort of) so DesertSPiders commitment to make things right is proper. All the other comments about not going near the dog are all water under the bridge now. Does sound suspicious. But I think your concept of dealing directly with the injured party is fine. Get proof of everything as you thats teh leastt you can do.


I don't think the correct word to use here is "suspicious". It's not suspicious at all, it's in fact quite obvious and happens around here every now and than.
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Post  Posted: May 25, 2007 - 06:27 PM  Reply with quote  Back to top

Quote:
The dog gets excited and stands up on her hind legs and tries to jump up onto the door man. The door man reaches out and the dog inadvertently scratches the door man's wrist.


That sounds more like a scratch to me (from the dogs claws), not a bite.
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DesertSpider
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Post  Posted: May 26, 2007 - 02:02 PM  Reply with quote  Back to top

No bite, just scratch.

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underh20
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Post  Posted: May 26, 2007 - 03:04 PM  Reply with quote  Back to top

Still can get tetanus from animal scratches.

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