– I really don’t want anyone to end up in the same situation as me, says the 29-year-old.
Tolo says that she grew up with the family being a respite home for dogs, also for large breeds.
– I have wanted my own dog since I was a little girl.
Last summer she decided that the time had come.
Regrets
– The choice fell on a relocation dog because I wanted to give a home to a dog that needs it, she says.
BIG: James weighed around 45 kilos, according to Animal Protection. Photo: Private
She bitterly regrets that choice now.
Tolo and his roommate Leutrim Sadiki found an advertisement on the website of Animal Protection Bergen and Hordaland. The organization wrote that the eight-month-old mixed-breed dog James needed a family to live with:
“We are looking for people with good experience with large dog breeds, and who have experience with training.”
James was described as a “bundle of muscles, with loads of energy». And that he was: “…very kind, and mostly obedient, but of course can have puppy facts that are not entirely compatible with being a big and strong dog.”
Asked to babysit James
The next day, the couple contacted Animal Protection.
– We told them that we wanted to look after the dog for a long weekend to see how he fit in here at home.
A verbal agreement was made about this, and the dog was then delivered by the foster family it had been with.
– Just after they leave, I’m in the garden with the dog, and suddenly it jumps on me and bites my arm. I try to make it go away and take various measures to show that I am not in the game.
– In shock
– The dog won’t let go and I will have to tie him to one of the poles outside to get free. He has bitten a hole in the jumper, through the skin, and I am both scared and in shock, says Tolo.
The foster family returned, and they believed that she had given the dog up to violent play, and that that was the explanation.
To TV 2 help you, the foster father confirms that James could become violent during play.
– I informed Animal Protection, and they also said “unfortunate during play”, although I experienced this more as an attack.
BITE: James bit Tolo on the arms. Photo: Private
Natalia Tolo decided to wait until late in the evening before taking the dog for a walk, so that there would be as little stress and disturbance as possible.
They were on a golf course all alone when things went wrong again:
– It was completely quiet and peaceful, and I thought that this dog suited us.
– This time I die
– Suddenly the dog turns around, jumps on me and starts biting my arm. Again, I try desperately to get him off me, but he jumps up and takes new holds time and time again.
– I try to turn away, give him other commands to make him stop, and step on the leash so that he won’t be able to jump onto my arms. But he has decided to attack me and will not let go.
– I was terrified and thought that “this time I will die, all alone out on a golf course on a summer evening”, says the 29-year-old.
Tolo managed to get to a lamp post and get the dog tied up, before she then broke free.
This is what she looked like after the dog attack.
– I was completely in shock. I cried in pain and frustration and called my roommate who had gone to bed since he had to go to work early. He came running from home as fast as he could while I sat on the grass with the dog barking at me. I wasn’t able to speak, I was stuttering, so my roommate tried to get hold of Animal Protection, with no luck.
Animal protection claims they were not called, see the rest of their answer further down.
Tolo’s partner did not dare to take the dog home again, and instead contacted the police. The dog was eventually picked up by Viking, and taken into custody by the police.
– Had to have assistance
To TV 2 help you, the head of department in the West police district, Linda Risøy Johansen, writes:
“When Viking picked up the dog at Kalvatræet school, it was so unstable that the driver from Viking had to have the assistance of a dog expert to get the dog into the car which was to transport it to a suitable location for storing it for Sadiki.”
Tolo went to the emergency room for treatment of the wounds.
– I was sick and struggled for the first week with the function of both arms due to wounds, swelling and bruises.
DESTROYED: The dog bit through the jacket, according to Tolo. Photo: Private
Not only was she injured, but she also had a watch, a jacket and two sweaters destroyed.
Tolo contacted Animal Protection, who assured her that she could send descriptions and receipts for what she wanted replaced.
MESSAGE: Tolo receives this message from Animal Protection. Photo: Screenshot
Tolo wrote that she had no receipts, and received a reply to send a receipt “for what she has”. She also asked if Animal Protection wanted a picture of the broken things, which they said was not necessary.
She then sent a claim for just over NOK 11,000, and attached a bank statement for the clothing purchases.
CLOCK: The clock was also destroyed, according to Tolo. Photo: Private
Rejects the claim
But a few days later, Animal Protection refuses to cover anything other than the medical expenses and the stay at the emergency room.
– As we are a voluntary organisation, we replied to her that we are not able to cover such high compensation sums as described.
Bill from the police
Soon after, Tolo’s roommate receives an invoice from the police for custody of James for NOK 8,960. More invoices will come later.
Tolo says that she believes the invoice must be sent to Animal Protection, but to little avail.
CUSTODY: Tolo’s partner received, among other things, this invoice of NOK 8,960 from the police. Photo: Screenshot
Risøy Johansen in the police says partner Sadiki must expect to pay the costs for the police to take care of the dog.
“With regard to responsibility for the costs, it is indicated that Sadiki himself contacted the police and asked for assistance to take care of the dog.”
“It must be assumed that the dog was dangerous and unstable, and that there was a very high risk that it could attack again”.
Risøy Johansen adds: “Whether or not Sadiki can claim reimbursement for costs incurred by Animal Protection, the police consider a private law relationship between Sadiki and Animal Protection.”
More “dog holders”
TV 2 helps you has asked lawyer and partner at Kogstad Lunde & Co, Trond Werner Lunde, to assess the case.
From the Dog Act:
§ 2a Dog keeper: the person who owns or has cared for or taken care of a dog for a shorter or longer period of time.
§ 3a Competence: The dog keeper must have the necessary competence to be able to prevent unfortunate situations or injuries from occurring. Such competence includes, among other things, knowledge of keeping and training a dog and knowledge of the dog’s needs, natural behaviour, area of use and the damage potential the dog can pose.
§ 26 Measures according to the dog law can be carried out at the dog owner’s expense.
He refers to the Dogs Act, which means that anyone who has only had the dog for a short time, for example over a weekend, can, depending on the circumstances, be considered a “dog owner” in the sense of the law.
– It would probably therefore hardly be unreasonable that the person who takes over the responsibility for the dog also initially takes over the risk for the animal’s behaviour. It also includes possible expenses for further relocation, euthanasia and compensation liability.
Lunde nevertheless clarifies that it is entirely possible to consider both Tolo and Animal Protection as “dog keepers”.
– Having said that, as the matter has been disclosed to us, I would think that Animal Protection should consider contributing financially as it may appear that they have not provided sufficient information about the dog’s background. Here, it will soon be possible to talk about what they should know if there is information or indications of acting out or aggressive past in the dog.
– The fact that Animal Protection primarily addresses people with experience with large dogs does not necessarily give any indication that the dog may have aggressive behaviour, writes Lunde.
BILLS: Natalia Tolo and her partner must expect to pay for the detention. Photo: Private
Requirements for sharing
The lawyer advises Tolo to put forward a claim for at least a sharing of the costs with Animal Protection, also based on the fact that they originally expressed that they would contribute more financially.
– The way the case is presented to us, it seems to be relatively clear that Animal Protection could and should have become better acquainted with the dog’s past and better informed about this to a potential new owner, Lunde believes.
Animal protection denies that they could have done more to get to know the dog, and says they have never experienced, or been told, that it was aggressive.
They add that they were not the owners of James.
– Before we put James up for adoption, we had him in a kennel with a very skilled dog trainer for two days. Her evaluation was based on the advertisement, where we specify specifically that we are looking for people with good experience with large dog breeds, and who have experience with training, the organization writes.
ARR: This is what Tolo’s arms look like today. Photo: Private
– I think it is incredibly bad for Animal Protection to abdicate responsibility in this way, says Tolo.
– I would warn others against taking over, or caring for a relocation dog without entering into a proper contract and getting clarity on who is responsible.
About the costs Tolo is left with, Animal Protection shows the Dog Act and the police’s conclusion.
– We do not have an obligation to pay compensation in the matter, and thus consider ourselves finished with this. If someone believes that it is legally wrong for Tolo to bear the costs, then they must take it up with the Ministry of Justice, which can possibly change the legislation.
According to Animal Protection, James has now been euthanized.
– If there is anyone who is a victim in this case, it is James, they write.
RESTING OUT: Animal protection believes James is the victim in this case. Photo: Private
