Lucy bit a kid- Lawsuit pending?!
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The problem is that its always the dogs fault..and legally, it can cost you big.
Not fair, but that is the way our system is set up.
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Trust me I DONT want to scare you but this Literally JUST happened to me! My Neighbor "came over JUST to say goodbye to us" and we were sitting on our back porch taking a break from the move and Jack was with us on a lead, the neighbor came out of nowhere around the corner and scared the crap out of Jack and got bit. They immediatly called 911!!!!!!!!! NO IDEA WHY!!! but the cops showed up and asked to see jack and of course Jack bit the officer too…Housing (navy) gave us a warning about eviction bacuse I have a dangerous animal, the Cop tried to get money from my renter insurance for the bite, and I tried to find Jack a new home and NO ONE would take him not even BRAT so I had to put him down...(not JUST bc of the bites he also had cancer) I really dont understand why we sould be in trouble when somone come into our yard and gets bit, but did you know that (this is what the officer told me) if somone breaks into your home and gets bit, its the dogs fault!!! I thinks its bologna...I hope it works out for you!!! Good luck!!
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If someone breaks into your home and gets bit, it will depend on your state laws as to whether you can be held liable. In the state of California the law is a person can not seek damages for any injury obtained while committing an illegal act. This law was passed because burglars were suing homeowners for being injured while robbing their homes.
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Sadly, mostly, the dog is at fault, even if common sense would say "no".
So, for folks who have dogs will "issues" and I have one.
YOU need to set it up for the dog to be safe.
Even if you make folks talk to you outside the fence so the dogs will not be an issue, or if you need to put up babygates and keep the dogs from guests.
Attractive nucience sp like having a swimming pool or such.
Its up to you to keep the dog from being BAD… -
Sadly, mostly, the dog is at fault, even if common sense would say "no".
So, for folks who have dogs will "issues" and I have one.
YOU need to set it up for the dog to be safe.
Even if you make folks talk to you outside the fence so the dogs will not be an issue, or if you need to put up babygates and keep the dogs from guests.
Attractive nucience sp like having a swimming pool or such.
Its up to you to keep the dog from being BAD…Exactly right with that… my OJ and Maggii (rest her soul) did not like children... no way, no how... and we made sure that there was never an opportunity that they would have the opportunity to "tell" them that.... if people came to the house... they were introduced.. but then OJ and Maggii were both put in their crates.. out of harms way... they were happy... the kids were happy with Mickii and Kristii.... of course we have 10 ft privacy fences in the yard.. so no one could come into the yard...
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This thread makes me realize I need to be more careful with Shelby. I live in an apartment complex with a fair amount of children. Granted, most of the kids I've observed here are extremely well behaved. I walk Shelby a lot, and she is an attraction for them. If they come to pet her, I always warn that she might jump on them. She usually does nothing more than lick them to death! When she plays with Travis and I she tends to nip though. (She's getting much better at this). She has never nipped a child, but I guess it's possible and someone could get hurt without Shelby being aggressive in any way. Never thought of it.
Also,
When I lived at home with my parents we took in a German Wire Hair. He was most definitely a guard dog. Actually, he scared me at first. He would block my way and growl at me. Then one day my uncle suggested I speak to him in a lower voice whenever I encountered him. I tried it and it worked!! it was really funny to hear me try to talk like a man, but that's besides the point. Fudge (the dog's name) and I became inseperable after that. He slept with me every night along with our English Setter. I loooooooved him. Then one day my neighbor (who is over every day and knew Fudge well) was getting our mail when we were on vacation and helping with the dogs. We were gone for two days. Fudge always treated her great, but the one day she was over, he bite her. Put a big puncture wound in her arm. A week later, I moved to California. My parents said they sent him down to N. Carolina on my uncles farm, but in reality they put him to sleep. I was devistated. My neighbor was devistated. I think it was too rash of my parents but they were worried something worse would happen. I'm still very sad about the situation to this day. In hinds site, my parents should have been more respectful of his guard dog ways and not allowed our neighbor over without a family member around he was comfortable with. -
That sounds terrible. What ended up happening?
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The problem is that I live in a trailer park- I own my trailer, but I don't own the land it sits on. So technically it wasn't "my" yard since I don't own it. The cop said that even if the kid was in my house, unless the dog is on a 6ft or smaller leash, I am at fault. I think it's crap, and I'm looking up all the laws to see if I can figure something out.
I'm thinking that if they do decide to sue, that I can come back with something about child endangerment or something. The kid that was bit is no older than 5, and is always running around on his own. Before he came in my yard, he was jumping up and down in a tree, breaking branches off.
Normally if your dog is leashed no matter what the length you have done the right thing. As others have said check the animal control laws in your area and find out where you stand.
What you might be able to do is claim this child was provoking your pet, and that this was not the first time. Clearly if the hair stood up on the back of your animal he was in fear and reacted normally.
If a 5 years old is running around constantly unsupervised I would think that is a matter for Child services and you might want to alert them. I certainly would not let any police officer play lawyer and quote me the law. There is a reason they are cops and not attorneys.
I wish I had paid closer attention to the date at the beginning of this post. I know feel somewhat silly for posting in regard to it.
Jason
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Once I showed a neighbor my "years of the American Basenji" books as I was researching a pedigree (long before online info) Her comment was - geez could we have that for husbands - with a list of things like - does windows etc.
I work in the schools and I have to say the parents that I see that are off the charts are so far off the charts that they should have not reproduced. They far overshadow the majority that are good and responsible. There just seems to be a sense of entitlement that I don't remember when I was a child.
"I'm entitled to whatever I want - and I can do what I want - there should be no consequences but someone better save me if I screw up."
I saw the same thing when I was teaching in Chicago. Children can misbehave, throw things at teachers, staff, or others and get away with it. You used to be able to count on your principal to deal with behavior problems but those days are long gone. If you call a parent, many times you are not deal with in a nice way. On Parent Teacher night at least in the public school I was in, most parents never attend. Many times you are lucky if a child comes to school in clean clothes or food in their stomachs. At the school I taught at there were many kids on free lunch and some of free breakfast as well. Some of the kids would take home any food they could get for later or for others in their families. It was not a great situation.
On top of this the behavior problems have made it almost impossible to teach at times. I have seen many kids passed through a grade just so the teacher could get rid of them and not have to deal with that child the next year.
Its not surprising to me that these kids are running about unsupervised at a very young age. Unfortunately the rest of society suffers because of irresponsible people. The gangs have become the family and the younger kids are put up to more and more violent crimes because in many states the penalties for a minor are seen as insignificant.
Jason
