Lucy bit a kid- Lawsuit pending?!

[Vanessa]

Larka,

I am not entirely sure what the laws are in TX but in California, it is strict liability. You own a dog..you are liable for what your dog does. Even if someone is on your property. It doesn't matter if you post a "beware of dog sign" you are still liable if your dog attacks and injures someone.
I understand your situation. It’s a catch 22. This child ran towards your dog. Your dog was defending itself. This was your front yard. The courts out here don't see it that way. Basically people are supposed to control their dog no matter what. Even if the dog gets loose and you are not there.
Now with the family threatening that they will sue…I think you will be ok. This is the first offense with your pup. Animal control came to your home and checked everything out. Be cooperative with them and offer to help and if I were you, I would offer to help pay any medical expenses that the child has.
Usually animal control will take your dog and keep it for a period of 5-7 days to observe its behavior. Usually this is done if the attack is severe. If they have not done that than that’s a good thing.

I really do feel bad for what you are going through. People are quick to jump on the "lets sue" bandwagon before even trying to resolve situations amicably. Just stay in contact with animal control and your be cooperative with local authorities.
Good luck and please keep us posted. .

[jenwilson]

@felakuti:

lets have some common sense here, you had full knowledge that the kids had a tendency to run into your yard and yet you tied the dogs out there without supervision anyway, and you also knew what kind of temperament your basenji has. I am sorry but YOU are the one responsible. Never in a million years would I tie up a basenji in my yard when i knew there were kids running around and playing. what are you nuts or something? geesh

Sounds like you owe someone and APOLOGY!!! SHAME :mad:

[JazzysMom]

@felakuti:

lets have some common sense here, you had full knowledge that the kids had a tendency to run into your yard and yet you tied the dogs out there without supervision anyway, and you also knew what kind of temperament your basenji has. I am sorry but YOU are the one responsible. Never in a million years would I tie up a basenji in my yard when i knew there were kids running around and playing. what are you nuts or something? geesh

Just wondering where and when the parental responsibility kicks in?

I have six kids, and if they, ESP. if they'd been warned, ran past any dog, but esp. a tethered dog and were bitten…... there would for sure be hell to pay -- but it'd be my kids were who paying!!!!!!

[Larka]

@JazzysMom:

Just wondering where and when the parental responsibility kicks in?

I have six kids, and if they, ESP. if they'd been warned, ran past any dog, but esp. a tethered dog and were bitten…... there would for sure be hell to pay -- but it'd be my kids were who paying!!!!!!

Seriously! My older brother was mauled by a Rottweiler when he was about 9. Why was he mauled? Because he went into the fenced yard where the Rott lived and took it's food bowl. Yes, my parents flipped out, but THEY took responsibility for not looking after their kid. They didn't just turn around and go "We should sue them for this." My brother learned a lesson about getting in fences with strange dogs, my parents learned to keep a closer eye on their kids and the people who owned the Rott learned that he was food aggressive. Everybody learned from it, no one sued, and life went on.

I've been working with Animal Control and my local County Sheriffs Department. My dog is on "house arrest" until the 7th. She can't be in contact with people other than me and my roommate, she can't be in contact with dogs other than our other dog, she can't go to the dog park and she can't go to the vet unless it's an emergency. I've already admitted that my dog jumped on their kid, I've already apologized and I've already made clear that I am willing to pay them up to a reasonable point. I'm not just sitting here going "Oh my god, my dog bit a kid and now they want to sue. This is crap, I'm not at fault at all." I know that there is SOME blame to be laid with me, but the whole situation is not my fault. I'm willing to come forward for my part, now I just want the parents of this kid to come forward on theirs.

[Vanessa]

Larka,
If you find out that the parents decide to sue, PM me and I'll track down counsel for you in Tx. I work for an attorney in Ca.

[ChaseandZahrasmom]

Larka,

Hopefully this will all blow over. Maybe the parents just overeacted because they knew they were in the wrong the child was crying and adrenaline was going.

My fingers are crossed for you that this all just goes away quietly without issues.

[felakuti]

Perhaps everyone here will think twice about tethering their dogs in yards where children play nearby and are apt to run into the yard. A tethered dog is an attraction for playing children as much as a swimming pool is, and most areas have laws now that pools have to have a fence with a locked gate. There is a lesson to be learned and our pups need to be protected from the children as much as they need to be protected from our pups.

[JazzysMom]

@felakuti:

Perhaps everyone here will think twice about tethering their dogs in yards where children play nearby and are apt to run into the yard. A tethered dog is an attraction for playing children as much as a swimming pool is, and most areas have laws now that pools have to have a fence with a locked gate. There is a lesson to be learned and our pups need to be protected from the children as much as they need to be protected from our pups.

So…. in a mobile home park where they are not allowed to put up fences,
you don't want supervised, tethered dogs? Ummm, just what are they supposed to do with the dogs? I guess, Larka, you just paper-train them and show them photos of what outside looks like.

{Don't say walk them on a leash, because a kid that is running free and has no respect for neighbors or dogs will also run up to and into the face of the dog on the leash. Kids are fast, and you can't always get the dog behind you fast enough. The DOG is not the biggest issue here. The KIDS are}

[renaultf1]

@JazzysMom:

The DOG is not the biggest issue here. The KIDS are

Exactly right…and as others have also said, the parents lack of supervision (and keeping the kids out of Larka's yard) is also the issue.

Felakuti...as much as you are saying this particular thread is a straight forward issue about tethering dogs, it isn't that way at all. And to think when I saw your new post I thought I was going to read an apology...I'm disappointed.

[JazzysMom]

The thing is, even animal control agrees, Larka WAS doing all a responsible owner should have needed to do. The dogs were tethered, ie confined to her own space; the dogs WERE supervised; the children had been repeatedly told NOT to run by the dogs. Larka immediately put the dog up and checked on the child, and offered to cover hospital bills.

It's not as if Larka is trying to shirk any responsibility here. THAT would be what the mother of the children is trying to do – not be responsible for the supervision and/or proper social education of her children. Looking for money the "easy" way.

I have kids. I have dogs. So I'm not "on the side" of either. I'm on the side of whatever is the "right thing" to do.
It'd be different if Larka's dog was loose, or if she'd tied the dog up and left the park {although, there IS still something to be said about teaching your children to respect other's boundaries.....},or if she'd never warned the kids/parents. There are so many variables that could have been at play, but were not.

Hang in there, Larka. and be sure to keep us posted!

[Alex]

May I remind everyone that the purpose of this forum is to provide a place for Basenji owners to make connections, exchange information and assist and encourage one another. It is above all a friendly environment for online discussion. You can read more about our community rules here:

http://www.basenjiforums.com/showthread.php?t=374

Here are some points that might be of interest:

• Don't be rude to others, or make an argument personal
• If you don't have anything nice to say, don't say it at all
• Know the difference between a difference of opinion and a personal attack
• Don't try to "win" an argument by repeating yourself over and over
• Don't tell others what to post
• Keep it clean, don't use profanity

Why can't I tell someone what an idiot he/she is; every single thing he/she posts is just so wrong?

If you can't find a respectful way to express your difference of opinion, then you're better off saying nothing at all. Don't talk down to other posters, lecture them or be rude and dismissive. Disagreement is fine, but attacking another poster personally may get you in trouble.

Thank you for your participation,

[JazzysMom]

I do apologize for my part in the bickering. I guess sometimes I break the rules I set for my kids about pointless bickering and choosing battles.

I am sorry,

[Alex]

JazzysMom, my comment was not directed at you specifically. Just reminding everyone about the etiquette on this forum.

[massagemom3]

I know this may sound off track but…I've noticed that a few/one of the members on this forum can be very rude at times. At one point I was told some harsh things , that almost made me want to never come back to this forum. But then I realized, I can just simple block them, and choose to ignore them. I can't judge a group based on just a few/one member.

I'll say a prayer that everything works out for Larka & her neighbors. I know these kind of situations are never easy to live with.

[JazzysMom]

@luvsmy2bs:

Yep, I agree. The world would be a better place if people were bread like dogs– keeping the good qualities and weeding out the bad!

Ahh, but who gets to set THAT standard? Pretty scary proposition!!!

[JazzysMom]

@massagemom3:

I know this may sound off track but…I've noticed that a few/one of the members on this forum can be very rude at times. At one point I was told some harsh things , that almost made me want to never come back to this forum. But then I realized, I can just simple block them, and choose to ignore them. I can't judge a group based on just a few/one member.QUOTE]

Right. We all have grumpy days. AND, on email and e-forums, etc. you can't read body language or tone, so it's also very easy to misinterpret what is said, and how it was meant.

It's often best to let those comments that appear to be rude or harsh just roll off our backs.....

.... but sometimes . . . . :o . . it's just too easy to snap back! Or appear to snap back.

Internet communication is a such a blessing and such a curse!

[massagemom3]

I hear ya!

[Barklessdog]

I know I have said things that are rather blunt or harsh and never have meant any harm or apologize for anything I am unaware of.

I do like a good discussion and to challenge people's ideas (like no one showing image proof of other dogs having basenji like paws - I'm still waiting)

I believe everyone here means well and no one is truly mean, just maybe a bit over opinionated- we all are to some degree- lets face it -we are Basenji owners. It takes a special strong willed person to really be successful with these dogs. I'm still learning. Everyday things are better & better with our dogs (only took 7 years-we dont give up on our family)

I guess what's really needed here is more firm moderators to step in and delete or reprimand when things are going south, locking or deleting comments & threads- Thats what forum moderators are supposed to do.

[Quercus]

@Barklessdog:

I know I have said things that are rather blunt or harsh and never have meant any harm or apologize for anything I am unaware of.

I do like a good discussion and to challenge people's ideas (like no one showing image proof of other dogs having basenji like paws - I'm still waiting)

I believe everyone here means well and no one is truly mean, just maybe a bit over opinionated- we all are to some degree- lets face it -we are Basenji owners. It takes a special strong willed person to really be successful with these dogs. I'm still learning. Everyday things are better & better with our dogs (only took 7 years-we dont give up on our family)

I guess what's really needed here is more firm moderators to step in and delete or reprimand when things are going south, locking or deleting comments & threads- Thats what forum moderators are supposed to do.

Wow! Really? I think the moderators are doing a perfect job. I am on more than one message board, and I think the conversations here are very civil, supportive and on topic.

The few times that things have really deteriorated, the fact that threads haven't been shut down has given people the opportunity to apologize (myself included) when they realized they had hurt someone, or been too critical or harsh.

We are all grown-ups here…all thinking rational people. We all know how to play nice, and we know when we have stepped over the line, and what to do about it. I think the moderation is just right

[Basenji_Boy]

I've participated in football forums and trust me this site is very tame in comparison. As Jazzy points out sometimes you can't really know what the poster is trying to say or it comes off differently than the poster intended.

It's just about respecting each other's opinion people, we don't have to agree, but we don't have to show disrespect either.