Dog Injury

[kimshiely]

I was walking our 5 year old rotty rescue the other day throughout our gated neighborhood. Diva is walked twice a day for 20-30 minutes. She had on her prong and a 4 foot leash. Diva is animal fear aggressive and a lover with humans. She works with a personal trainer on her fear aggression but she'll never be a dog park dog, so we just cross the street if we see a dog coming.

While walking past a neighboring home a small dog came running out of the garage, unleashed. I quickly pulled Diva into the street and off of the sidewalk. The little dog came right up to Diva and Diva took her in her mouth, did 4 shakes and let her go. This while I'm yelling at the owners standing outside to "call your dog" and also telling Diva to drop it. Diva drops the dog, dog yelps and scurries back into the garage and we run to our house 2 blocks away.

After safely putting Diva in the house, I run back to where the attack took place and knock on the door. No response. I go back the next day, no response. I then leave a note with concern for the dog and asking for a call. Then the next night we receive an angry visit from the owner with a $500 vet bill, demanding payment. I inquired how the dog out of concern, but recieved no answer. The owner was obviously very emotional over the injuries of her dog and wanted no talk of logic.

I stated that though I felt awful for her animal ( I hate seeing an animal hurt because of irresponsible owners), it was OFF LEASH. We have leash laws in our city and we have leash laws in our CSR's for our Home Association. It was an unfortunate accident and I will not walk past neighbor homes for fear of an unleashed animal, from now on, but I don't believe we're responsible for an off leash animal.

The money isn't the object and if it escalates, I think I'd pay the bill rather than fight. But I believe I have the law on my side and that I'm correct. Am I?

[Rott-Wiley]

I'm not an expert on this issue but it would seem that if the little dog had been on a leash or behind a fence this entire misfortune could have been avoided. It is too bad this had to happen at all.

[TrishB]

As far as I know, they don't have any right to demand funds from you. You may offer them, but that's your perrogative.

Now - you may want to call animal control (or whatever it is in your town) to let them know about what happened. You don't want police showing up at your door when they've been fed incorrect information. I believe being proactive in this situation rather than waiting for a reaction would be best for you.

Personally, I feel that you did everything in your power to protect other animals. Those people left their dog unleashed. They let their dog aggressive dog run up to yours (your dog didn't go up to theirs). They're at fault. I too, would feel badly, but I wouldn't give them any money.

[sparklemom]

I'm also not an expert, but I would think that if your dog was on a leash on a public street and this unleashed dog charged at him, it is not your responsibility. Just becuase the dog is small doesn't mean leash laws don't apply to him.

[LavenderRott]

Now, I am no lawyer but it sounds to me like you are not responsible.

[sparklemom]

I agree with Trish - call animal control and report the incident. It will be a good preemptive strike if you call and report that an unleashed dog attacked your dog before they get any notions of a poor little doggy being jumped by a big mean Rottweiler.

[kimshiely]

Yes...unfortunately, the very next morning after her visit demanding payment we got a visit from an animal control officer about a the dog attack because of our unmanagable leash (huh?)

Anyway, we let the officer know that this was about a dog attack that took place because of an unleashed animal. He apologized and asked us to call and place a complaint. He stated to us that the blame is clearly on the owners with the unleashed animal, even if that dog was the one injured.

Like stated previously, this awful incident could have been avoided if they had restrained their animal. The only thing I could have done differently was not taken my dog for a walk passed their home.

[Rott-Wiley]

You can't blame yourself and you can't be expected to not walk your dog in public places due to others that don't obey the rules that the rest of us have to follow. Good luck at controling her dog agression.

[Luvs]

I get so tired of people trying to blame others for their mistakes. Those stupid people called animal control trying to get your dog in trouble when their dog was the one that was loose!?!? That really irritates me! People need to accept responsibility for their actions.

If it were me I would not pay a dime. They were obviously the ones at fault here. If there dog had been on leash it would not have gotten hurt.

[JD102175]

Originally posted by kimshiely

While walking past a neighboring home a small dog came running out of the garage, unleashed. I quickly pulled Diva into the street and off of the sidewalk. The little dog came right up to Diva

This is the key. They broke the law. You stated that there are leash laws in your community and also as part of your HOA. You are not responsible for any damages to this persons dog. Even to AC officer told you that they are at fault. I would file a counter-complaint as the officer advised.


It is horrible that this happened, but it did and there is nothing that can be done to undo it.


Jaime

[TrishB]

Originally posted by kimshiely
Yes...unfortunately, the very next morning after her visit demanding payment we got a visit from an animal control officer about a the dog attack because of our unmanagable leash (huh?)

Anyway, we let the officer know that this was about a dog attack that took place because of an unleashed animal. He apologized and asked us to call and place a complaint. He stated to us that the blame is clearly on the owners with the unleashed animal, even if that dog was the one injured.

Like stated previously, this awful incident could have been avoided if they had restrained their animal. The only thing I could have done differently was not taken my dog for a walk passed their home.

This is a good case for reporting things first. How easily this could have turned into someone overheard 'about another vicious rottweiler attack on a little dog'. :(

Take that first step - make sure you are represented. We're just as responsible for letting little dogs off of the hook as their irresponsible owners are. *sigh*

[LORHEL]

Please call and report this ASAP.... explain exactly what happened, and that you want it to be documented, since your dog was on leash, and this dog was clearly not.

I'm sorry it happened to the dog, but its irresponsible owners, not your fault, and yes, for the sake of "rotties" lets get this on record so you aren't the bad guy, I am so sick of loose dogs, we have the same problem in our neighbhorhood, it seems the smaller the dog, the less of a problem people think it is to take care of them, and they end up approaching us all the time.

We have rights too, we just tend to worry because of all the negativity already there that maybe we wouldn't or people would be less inclined to believe us versus them..

[SABELLESMOM]

I'm sorry this happened. I agree with all of these well thought out comments, of course. I just wanted to extend my sympathies.
It was probably a bit of a jolt for them to find out they were at fault. Maybe they'll be more responsible in the future. For you, I'm glad you took this dog in and made it's life something better. Too bad you had to experience something like this.

[Judi W]

I'm sure they will be more responsible as they were certainly not wanting their little dog hurt. I am also sure that you will become more active in seeing that your dog does not hurt another. The leash law may protect you from financial responsibility, but in some places dangerous dog ordinances will still apply because she attacked. If you have a dangerous dog law or ordinance in your community it can require strict liability, confinement in a specified manner and muzzling when in public. Don't worry particularly about the financial responsibility as it appears you are safe in that regard, although I agree with you that if it becomes pressing, simply pay in order to get past that unpleasantness.

On to the cause. I don't know who labeled this "fear" aggression but I would suggest that you drop the fear part of the description, just label it animal aggression and get to work on the control. Has she had other incidents of attacking other dogs? Were they large as well as small dogs? You must have your trainer teach you how to use your leash and collar to control that head. It is possible and something you need to know how to do. The reason I say that is it is highly likely that such an incident can occur again. Dogs do get out of their yards or away from their owners now and then and you do not want a repeat. In the meantime I would use a muzzle which will protect you (financially) Diva (from being labeled) and any little dogs that she might encounter. Dog aggression can be managed. You are correct that she is never going to be a social butterfly but she can learn to listen to you and obey your instructions and that is what you need to concentrate on.

Move on from this and best wishes.