I'm hoping someone might be able to guide me on this scenario:

One of my previous adopters had an incident today. Josie was walking Bullet today, and as they were going home, entering the stairwell to the apartment complex she lives in, another tenant and her two small dogs were approaching. One of the small dogs is friendly and the other is not so friendly. Both dogs were not leashed, and the owner was walking behind both dogs. Bullet was leashed. The not-so-friendly small dog growled at Bullet, and Bullet bit it and punctured the chest. Josie went to the vet with the owner and small dog that got bit and although it wasn't any blood or anything (not sure how that is), the vet said because of the puncture and location of the wound/bite, the small dog would need surgery to close/seal the puncture wound. The bill is estimated (on the high side) to be about $1100.

Josie checked the lease contract for the apartment building complex and it does state that all dogs must be leashed on apartment grounds. Josie also checked the city laws and there is a leash law in the city she lives in stating that dogs must be leashed in public.

Josie also has given the owner of the small dog victim $200 out of courtesy to help with the vet bill. And small dog owner had admitted fault.

So, my question is, does small dog owner has any legal right to go after Josie to make her pay for the remainder of the vet bill?

She had no grounds to make her pay any of the bill. I'm sure the laws are similar mist places and here in order to have a right for monetary gain, the all dogs owner has to prove negligence. She was the negligent one by not obeying the law and having her dog on a leash. If she did sue, it would most likley get thrown out.

Thanks Jill!
I thought the same, but wasn't sure what would be made out of the $200 she gave the owner out of the goodness of her heart.

That was a very nice thing that she didn't have to do. Kudos to her. The owner of the small dog could say she gave it to her out of fault but it all comes down to whos dog was leashed and whos wasn't.

i<3neo wrote:

That was a very nice thing that she didn't have to do. Kudos to her. The owner of the small dog could say she gave it to her out of fault but it all comes down to whos dog was leashed and whos wasn't.

That's exactly what I'm thinking too, but wasn't sure if I was on the right path or not.

i<3neo wrote:

The owner of the small dog could say she gave it to her out of fault but it all comes down to whos dog was leashed and whos wasn't.

I went through a small claims court once for "goodness of heart." It involved a beater of a pickup truck I sold with 96+K miles on it. It had sat in my driveway for over a month, the buyer threw a set of plates on it and blew a frickin hole in the block on the way home. I think I sold it for about $700. I felt bad for him and offered him $100 back for what ever reason I don't know. He took me into small claims figuring I admitted guilt on the crapper truck I sold him. The judge disagreed with his premise and sided with me.

Though I wish Josie hadn't offered the $200, I don't feel it will be the deciding factor into this situation. With the little pooch being off leash it was a violation of lease agreement and having a reputation for unfriendliness. She has a very good case in her favor, especially since Bullet wasn't the aggressor. If it goes to court tell her to use her words wisely, and don't offer anything to remotely point blame to herself.

Here4thePics wrote:

Though I wish Josie hadn't offered the $200, I don't feel it will be the deciding factor into this situation. With the little pooch being off leash it was a violation of lease agreement and having a reputation for unfriendliness. She has a very good case in her favor, especially since Bullet wasn't the aggressor. If it goes to court tell her to use her words wisely, and don't offer anything to remotely point blame to herself.

Thanks!

thank you all for the advice. i wanted to make sure because a friend advised me to be 'prepared'.

this morning i saw the owner and asked how her dog is. she said that the surgery went fine yesterday and she is in fact, on her way, to pick up her dog from the hospital. i am glad that the small dog is ok. Despite she was at fault, i still feel for her. the bright side is, i don't think she will file a complain. she thanked me this morning for the support i gave her yesterday.

but again this morning, there's this another small dog who came running to bullet. i have to hold bullet back. the dog and her owner looks new to the neighborhood. (being here for two years now, i almost knew every dog here in the compound.) The small owner came running in her fancy tall leather boots. she could not run properly to take hold of her dog. that really pissed me off. grrr...it is so "DUH" to walk your dog off leash on icy sidewalks on fancy tall leather boots. phew! honestly, i don't know what she is thinking. next week, i'll find the time to talk to the property manager regarding the leash policy here. they should be strictly enforcing it.

josetteperalta wrote:

...i'll find the time to talk to the property manager regarding the leash policy here. they should be strictly enforcing it.

I think that would be a good idea. It's likely that Bullet is simply being defensive when any dog come charging at him, growling, while he's leashed. I dont blame him - he's only defending himself.

cmanding wrote:

josetteperalta wrote:

...i'll find the time to talk to the property manager regarding the leash policy here. they should be strictly enforcing it.

It's likely that Bullet is simply being defensive when any dog come charging at him, growling, while he's leashed. I dont blame him - he's only defending himself.

Exactly when a Husky is forced to defend themselves they are also very efficient at dispatching the aggressor much to Dr. Justine Lee's dismay and inability to comprehend that efficiency.



* Though I was quite pissed a few months back on her blog posting in regards to Siberians being nasty, she is a well known writer and vet in emergency animal care. I still read most of her blog reports if they are about dogs in general. But I think she wouldn't hesitate to push me off of one of Colorado's mountain tops. *

the pet owner of laika came over to my place. she asked that she wanted to recover the money she spent. the expense is about a thousand plus the 200 i gave her. she said that i can give either my renter's insurance details or i can ask them myself. I opted to inquire myself because i got my insurance nov 2010 and Bullet came just May 2011 and i doubt if that covers (pretty much, no).

she added that either we can declare it as 1000 or 1200 and i can get my 200 back. I told her clearly that I don't need to get my 200 back.( If she is honest enough in her heart, she should know that the 200 is out of my empathy for her and not because i was at fault. )

what is the best next step here? i am thinking that if my insurance will cover it, bullet 'might' have 1 record of bite - which is the foremost thing i am avoiding. b/c truly if her dog did not get under bullet, bullet would have not bitten her. it is unfair for bullet. (in fact, another neighbor told me his lab was bitten in the tummy by that same small dog. but his dog is a submissive dog. that same lab in fact lowers his head when playing with bullet. and bullet has pin him down once, but did not bite him).

any word of caution or any one out there who's been thru the same scenario?

We went through this when my moms boxer bite a dog that lunged at her. Most places require a police report bc dogs are "property" if she goes to the police, she is have to admit her dog was mot on leash. Then, the drmand will be null and viod. I would demand to involve the cops if she is trying to pull that crap now.

Thats just someone looking for money bc they think they are better than the
Aw IMO.

You need to consult a lawyer. You don't want bite history on your dog. That is the last thing you want. I understand your empathy for this woman but in the end her dog was not leashed, yours was. Rules say dogs should be leashed. Don't do anything until you talk to a lawyer.

Definitely agree with the two above posts.

Do not involve your insurance company. I would simply tell her to go away and if she persist then she could take you to small claims court. If it does end up in court and you do end up winning, with im sure you will, you could proboly recover your attorney fees from her, if you decide to get one. It seems Like a clear cut case to me.

Since none of us are lawyers, we can't really give legal advise, but I would absolutely consult an attorney. I would NOT go to the insurance company and I'm betting she doesn't have much of a case. This far away from the incident, it's her word against yours... definitely talk to a lawyer.

Yes, talk to a lawyer. If she persistent just remind her who's dog was off the leash and the leash rules.
At my SIL old apartment complex I would go over and visit with my dogs. We would be out walking them and twice 2 dogs come running at Nero my GSD while we were on a leash. I started cussing and yelling at the guy to get his mother f#@$@^@&@ dog. He was all pee'd and stuff and even told me to get my dog under control. I was like oh, hell no... Your dog is off the leash my dog would not act like this if yours didn't come running up on him.
Nero is not a nice dog when he is on a leash. So I have to avoid situations like that. I would try to move Nero in another direction when I see them coming but they still run right up on him and he goes into protective mood and I almost have to sit on him.

I found this similar situation with a little bit of legal advice:

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Am I liable if my dog bite another dog on public property?


Asked 9 months ago - Palm Bay, FL

Animal Law Dog Bite Laws Dog Bites


I was walking my dog on a leash and the neighbors dog was unleashed and ran into street. My dog grabbed the dog and finally let go, but then slipped his collar and went after the dog again in the neighbors front yard. Am I responsible for vet bills?
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Attorney answers (2)




Keith G Langer



Answered 9 months ago. Animal Law Attorney in Wrentham, MA.





The problem here is that both dogs were, at different times, on their own property/under their owner's control and NOT so controlled.

Per your account, the other dog initiated the attack by leaving its yard and entering a public way, where it attacked your leashed dog. At this point, the owner of the other dog is responsible for any harm it caused.

However, YOUR dog then slipped its leash and attacked the other dog, by that time back in its yard. This reverses the liability analysis in the other owner's favor.

You should have reported the attack to the police and animal control when it occurred. If you failed to do so then, you should do so now. You will also need to document all injuries and treatment your dog received, meaning detailed vet reports and invoices.

Your defense would be that the initial attack caused your dog to slip its leash, making the other dog the proximate cause of all harm; both to itself and your dog. However, you would need the assistance of a tort/animal law attorney in Florida to fully review your rights and responsibilities.

Your state and county bar associations can assist you with referrals.

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Laura Mcfarland-Taylor



Answered 9 months ago. Animal Law Attorney in Bolingbrook, IL.




I agree with my colleague. In addition to reporting the incident to the police and/or animal control you should also report the incident to your homeowner's insurance company in case your neighbor files a suit against you.

I took my dog few mionths ago to a dog walk in my area. A guy brought in a Rotweiller. He was ok but for some reason just kept after Storm. Maybe the testosterone. When I leashed Storm the Rot came over and attacked him. Storm was ok and I saw a lot of blood. The rot bit his own tongue. Owner stayed to make sure Storm was ok. But now Storm is not so defensive. If a dog gets aggresive he cowards now and will not defend himself. I dont want an attack dog but I feel sorry for him,,,any advice?

josetteperalta wrote:

(in fact, another neighbor told me his lab was bitten in the tummy by that same small dog.

Can you get this neighbor to speak out on your behalf?

This makes me pretty nervous about all the little yappers that approach us on our walks.

26nikita wrote:

josetteperalta wrote:

(in fact, another neighbor told me his lab was bitten in the tummy by that same small dog.

Can you get this neighbor to speak out on your behalf?

This makes me pretty nervous about all the little yappers that approach us on our walks.

Agree - if you can get this neighbor to also speak on your behalf, that would be great and can help your defense.

If her dogs were not leashed, and there is a leash law, you friend is not required to pay any medical bills!

There are tons of people in my complex who have no respect for leash laws and one such lady very nearly lost her Schnauzer because of it. She was lucky Fenrir was still small and that he's gentle. He annihilated the crap out of that dog and it was the first time I'd ever seen him act aggressive, but he stopped just short of ripping its throat out. She continues to let her unleashed runt dogs out and they continue to try to pick fights with the big dogs. Fenrir mostly ignores them and only fought back that time because the one lunged onto him.

Edit:
Oh, what I was actually going to add is this:
Make sure the lady knows that, if she tries to go legal, not only will she lose the 1000 and court costs, but she will likely also incur a fine for disobeying leash laws.

What did ever become of this?

She sent the dog owner a letter basically stating that the apartment complex has leash rules and the city also has leash rules which are in place for a reason. The note also went on to say that the money she gave to help with the vet expenses was in no way admitting fault but in sympathy to what had happened. She closed the note that if she wanted to discuss the matter further, she would be more than happy to talk.

A couple of weeks later, the apartment that the women resided in was vacant.

I don't believe anything else on the subject was ever mentioned again.