Need legal advice regarding dogs

[Chexi]

I would think that a dog bite plaintiffs lawyer should work on a contingency fee (i.e., no out of pocket for you).

As an aside, you just convinced me to actually put my CHL to work and go find an everyday carry weapon. My biggest issue is the ones I want are never in stock anywhere.

[ers906]

I am not sure if the yard and "enclosed area" are going to be considered the same. The laws are typically pretty vague on these type of things, when it comes to being on your own property. When she left your property and entered the street may become a problem unfortunately, regardless of her intent (to play or just investigate the other dogs which is most likely what she was doing being a lab v. attacking the teenage girl which it sounds like what the neighbor is accusing her of). I would have your neighbor talk to the police and file a witness report as soon as possible, and maybe they can act as mediators in this situation. If it goes to court I am not sure they will find in your favor, not because of the concern that your dog was trying to attack, but that she was off the property with no leash.

As far as my previous comment regarding pepper spray v. firearm, i certainly am not anti-firearm, but I have seen what happens in animal attacks and it is difficult to know exactly what is happening in the heat of the moment, and if a bystander or your own dog is hit, that is a huge amount of guilt to carry with someone.

[Clibka]

This isn't advice, just an anecdote. A good friend of mine was attacked himself by a poorly trained rottie. My friend is quite large d1 college LB and couldn't get it to release. Horrible scars all over his forearm. Long story short, authorities wouldn't do anything, months passed ... One day the rottie mysteriously passed away. It may or may not have been the heavily poisoned beef it ingested ...

[Clibka]

Odin says "get well soon!!!"

[scott resick]

well I just spoke with the witness to inform him to call the police with his account. I just learned that he originaly came down the street because the young girl lost the leash of one of the pits and he heard her calling it back, I only noticed her and the dogs when mine was submitted and being attacked. At that time she did have both leashes. But there is a chance the dog was loose when the attack began. I guess we will never know.

[scott resick]

Odin says "get well soon!!!"

Thank you!! (thats my brother in law in the river with her)

[ers906]

I spoke with one of the lawyers we consult with when my practice has issues and he said, that at least in AZ, the party that has the loose dog is typically considered at fault regardless of intent. The witnesses statement may help in changing that (it was posted after I talked to the lawyer), but I am not sure. I think this may be a situation where you try to smooth things over with the neighbors (regardless of how you truly feel) because it is not necessarily a slam dunk win for you. In fact, in AZ, they may actually be able to sue you. I know that this is not welcome news, but since I have the lawyer on retainer, I felt that the least I could do is ask him his advice.

[scott resick]

I spoke with one of the lawyers we consult with when my practice has issues and he said, that at least in AZ, the party that has the loose dog is typically considered at fault regardless of intent. The witnesses statement may help in changing that (it was posted after I talked to the lawyer), but I am not sure. I think this may be a situation where you try to smooth things over with the neighbors (regardless of how you truly feel) because it is not necessarily a slam dunk win for you. In fact, in AZ, they may actually be able to sue you. I know that this is not welcome news, but since I have the lawyer on retainer, I felt that the least I could do is ask him his advice.

Thank you very much for your efforts. I was kind of affraid of that.

[ers906]

No worries, that is what forums like this are here for. Let me know if there is anything else I can do

[jrz1]

In my community even if it was your fault for the dog being loose, if the pit bulls attacked your dog, they would be considered Dangerous Dogs and the owners would be required to contain them in a kennel. Even if they only growl in a threatening manner, animal control may deem them Potentially Dangerous Dogs with the same consequences. Regardless of who's fault it was, in my community you could at least ensure they don't do it again.

http://www.co.union.nc.us/portals/0/...l3_084-101.pdf

[scott resick]

In my community even if it was your fault for the dog being loose, if the pit bulls attacked your dog, they would be considered Dangerous Dogs and the owners would be required to contain them in a kennel. Even if they only growl in a threatening manner, animal control may deem them Potentially Dangerous Dogs with the same consequences. Regardless of who's fault it was, in my community you could at least ensure they don't do it again.

http://www.co.union.nc.us/portals/0/...l3_084-101.pdf

Thank you for that. I found I have a similar code requiring muzzles outside their enclosure. that may help me out in this mess as well. Good looking out! Thanks again.

[AirTool]

too much work to quote everybody..but here are some comments in the order of relevance:

1. Lets say the first pit was off leash (and even if not), one could argue your dog was trying to protect you from the pit. (maybe there is some security camera recording of this)

2. I haven't seen the girl, but perhaps a reasonable jury would agree she is not capable of handling one or both dogs at a time and having her walk the dog might in itself be something like reckless endangerment. If she is not capable of controlling the dogs, she may be at fault civilly in spite of any (or lack of) laws.

3. I'd have to double check...but I'm pretty sure in Harris County, Texas...a second attack leads to the dogs death no matter the fault or situation. Once these dogs taste blood....life as they knew it is over.

4. I don't think hitting these dogs on the head with a hammer would affect them.

5. It is sad those dogs in the unrelated neighborhood passed away. Sometimes, the obvious solution would be to say nothing and maybe the dogs, cats, or whatevers might just disappear.

[gride]

I spoke with a friend of mine today who said a pit attacked his husky and he hit over the head as hard as he could with a 2x4 and the pit didn't even notice. also, check your messages. I sent gracie a care package.
http://dogbitelaw.com/statutory-stri...-bite-law.html

[Quinner]

Really sorry to hear what happened, glad you all are OK. Do agree with the others that your dog being loose is a huge issue with regards to culpability / liability. If I was in your shoes, as suggested, would probably offer a truce and move on.

Some posts may be jumping to conclusions saying the owners taught the PB to attack, as kids we had a Siberian Husky, family dog, well cared for and never abused, loved people yet that dog pretty much killed anything that got within it's reach. We were on the opposite side of Scott's problem once, neighbors dog killed by ours, on our property with our dog on a leash other dog loose. Really sad situation and then the owners tried to have our dog euthanized and they sued our family, they lost both cases.

[AirTool]

Scott,

My teeth still grind when I read this thread. I'm saying that to make sure you understand I'm on your side and feel for you and your dog.

Having said that, let's start of the week on a lighter note before we all have cardiac arrest. Lets enjoy this old Lewie Wickham song from my childhood. Back in the day, Dad and I had to work in the garage all day with the radio on and maybe a redneck DJ from KOUL or KIKN would play this song. Now, all we have to do is click. My 70 something dad sent me the link a while back.

http://www.youtube.com/watch?v=H0qhArGd3fg

I can't get the embedded code to work....sorry.