Any lawyers on here need help with my dog

omegared24 · Nov 5, 2018

I've had several dogs over my lifetime. None of which were ever aggressive toward anything. With that said, I would not have hesitated to put the dog down if it did something like that. I love animals but I am not willing to risk that happening to a child. The OP described an unprovoked response. What would happen if it was provoked?

I think you got lucky here. The only thing that got hurt was another dog. It could have easily been a person and a big law suit on your hands. I don't think you're going to be on the hook for anything more than the vet bills. You will be doing the right thing by offering to pay the vet bills and will look good should it go to court. Consider keeping the dog away from strangers or other animals.

gtodave · Nov 5, 2018

How long have you owned the dog? How old was he when you got him? Any other indicators of danger?

You have to take in to account everything when considering the future of a dog. One instance does NOT mean everything, and to consider putting him down after one is crazy. Sometimes dogs just don't like each other, just like people. It does not make it OK for them to attack, but it also doesn't mean it will continue to happen.

My lab/husky mix HATED the lab that used to live next door. That dog would wander the neighborhood (was never fenced in), and I don't know if my dog hated her for that, or if it was just a female dog thing (both females), but she didn't like her. One day I was outside of my fenced yard (my dogs were inside the fence), petting the neighbor dog, and my female jumped the fence and attacked her. Didn't do much damage (some tufts of hair yanked out), but it was a learning moment. From then on, I had to be really careful with how I introduced her to other dogs. That was ~10 years ago now, and continues to be the only unprovoked attack she's ever committed, and she's turning 14 in a few months.

I'd hate to think that some people would have per her down for that one act.

Postell · Nov 5, 2018

hchon3 said:
Thanks for the advice which i greatly appreciate. I definitely need to put in my due diligence and research e collars till my eyes bleed. Reading what you wrote put a whole new spin on my preception of e collars. Dog training is something that is high on my priorities with nolan, and hopefully it is not to late. I dont know if him being a rescue from a bad situation make it to late to bring him back but i am hoping not.

What was the bad situation this dog came from or was in?
Has it bitten before?

delaneyesq · Nov 7, 2018

Related legal liability question: My beagle bit the anesthesiologist at an animal hospital while the vet was either inserting the trachea tube or while removing it, while the dog was either going into or coming out of general anesthesia for surgery. My pup has never bitten a person before. And he has since been put to sleep for the serious condition that he was at the animal hospital for. I asked the treating vet (not the bitten vet) whether we should be concerned about a lawsuit, and he said he talked to the manager and not to worry. The bitten vet did require some medical treatment. But that doesn’t mean that the bitten vet won’t sue me. If he does, isn’t there some kind of assumption of risk when he is in the care of the pet hospital? Any other lawyers who can speak on this?

As an aside, they did contact animal control and my pup was put on 10-day quarantine.

lx1x · Nov 7, 2018

delaneyesq said:
Related legal liability question: My beagle bit the anesthesiologist at an animal hospital while the vet was either inserting the trachea tube or while removing it, while the dog was either going into or coming out of general anesthesia for surgery. My pup has never bitten a person before. And he has since been put to sleep for the serious condition that he was at the animal hospital for. I asked the treating vet (not the bitten vet) whether we should be concerned about a lawsuit, and he said he talked to the manager and not to worry. The bitten vet did require some medical treatment. But that doesn’t mean that the bitten vet won’t sue me. If he does, isn’t there some kind of assumption of risk when he is in the care of the pet hospital? Any other lawyers who can speak on this?

As an aside, they did contact animal control and my pup was put on 10-day quarantine.

I think of it this way.. if they are legal vet/hospital.. they got their own insurance for that..

Just imagine if vets/hospital sue's their clients for bites/scratches etc . They will loose business.

The vet probably went to a doctor.. doc called the health department.. and quarantine is needed to make sure your dog doesn't have rabies what not.

Kimber45 · Nov 7, 2018

Get him into training! He can be helped
call Tecla's K9 Academy in Elkridge She specializes in aggressive dogs with the Pac to basics program.
she will teach you the proper use of E and prong collars too.

delaneyesq · Nov 7, 2018

Thanks!

JASBO · Nov 7, 2018

I am a lawyer, and for that reason, this comment is not intended to be considered legal advice, nor does this comment in any way form an attorney-client relationship with anyone on this board. I recommend retaining an attorney if you have any legal questions or concerns.

Having said all that required stuff, put simply, dogs are considered "property" in Maryland. As such, your liability is limited by the nature and extent of the damage done to that property, in this case, your neighbor's dog. Rest assured, your neighbor cannot "take you to the cleaners." You would, however, be liable for any damage(s) caused by your dog attacking his, assuming you do not have any defense(s) to that act (i.e., his dog attacked first, was on your property, etc.).

Hope this helps. I think your other questions were adequately answered, as far as the one-bite situation, with no prior history. You could, and should, see what your home owner's insurance covers, but you would likely not want to mess with that unless the damages were high.

Good luck!

gunismyfriend · Nov 7, 2018

JASBO said:
I am a lawyer, and for that reason, this comment is not intended to be considered legal advice, nor does this comment in any way form an attorney-client relationship with anyone on this board. I recommend retaining an attorney if you have any legal questions or concerns.

Having said all that required stuff, put simply, dogs are considered "property" in Maryland. As such, your liability is limited by the nature and extent of the damage done to that property, in this case, your neighbor's dog. Rest assured, your neighbor cannot "take you to the cleaners." You would, however, be liable for any damage(s) caused by your dog attacking his, assuming you do not have any defense(s) to that act (i.e., his dog attacked first, was on your property, etc.).

Hope this helps. I think your other questions were adequately answered, as far as the one-bite situation, with no prior history. You could, and should, see what your home owner's insurance covered, but you would like not want to mess with that unless the damages were high.

Good luck!

Great advice.

T-Man · Nov 7, 2018

delaneyesq said:
Related legal liability question: My beagle bit the anesthesiologist at an animal hospital while the vet was either inserting the trachea tube or while removing it, while the dog was either going into or coming out of general anesthesia for surgery. My pup has never bitten a person before. And he has since been put to sleep for the serious condition that he was at the animal hospital for. I asked the treating vet (not the bitten vet) whether we should be concerned about a lawsuit, and he said he talked to the manager and not to worry. The bitten vet did require some medical treatment. But that doesn’t mean that the bitten vet won’t sue me. If he does, isn’t there some kind of assumption of risk when he is in the care of the pet hospital? Any other lawyers who can speak on this?

As an aside, they did contact animal control and my pup was put on 10-day quarantine.

Dog bites are not strict liability cases. There has to be some negligence on your part in either failing to control the dog or failing to take action with a dangerous pet.

In this case, there is neither and yes, probably assumption of risk. So I would not worry about it from a legal perspective.

OP - just a heads up that you are now on notice that your dog is "dangerous", whether it is or not is another questions. Any further bites and you will have to disclose the prior bite and deal with liability issues.

Bites on other dogs can be evidence.

The one bite rule is not actually the rule btw - it is either negligence in handling or control or a vicious and dangerous animal. Many more possible ways to get dinged in a suit.

Docster · Nov 7, 2018

hchon3 said:
Hey guys i had a question regarding my dog attacking my neighbors dog. Yesterday evening my dog nolan which is a pitt mix was on his walk. As we were walking up the driveway our neighbor was walking down. For whatever reason nolan started freaking out and some how got out of his harness and bites our neighbors dog. The neighbors dog was hurt and needed stiches but is still alive. I know i am on the hook for the vet bill at the very least, and i know i will have to register nolan on a dangerous dog list. My question is what can i expect next, can my neighbor sue me for everything im worth and can they put my dog down for this?

Haven't read through the entire thread but looking for important legal or medical advice on a gun forum is sketchy at best. Unless someone is willing to quote you court case references that fit your situation you'll get plenty of opinions that may or may not help. You'd be best off contacting a lawyer that would have a fiduciary responsibility to act and advise in your best interest.

hchon3 · Nov 7, 2018

Thank you everybody who commented i truly appreciate you guys and gals, thank you. Update on our situation, my neighbor is pressing the issue and has given me a choice between a sh*t sandwich or a turd taco. He said if and only if i put the dog DOWN he will drop everything and just want me to pay the vet bill, or he will send it to home owners insurance. My only concern is how much is my insurance will go up and the possiblity of them dropping me. I am so conflicted on what to do right now.....

GTOGUNNER · Nov 7, 2018

Is he your insurance agent? How would he know who you were insured by?

Tell him fine, your getting a German Shepherd dog and a Rhodesian Ridgeback as replacement.

GTOGUNNER · Nov 7, 2018

How old is your dog? How long have you had him and is he complete? (Fixed?)

StantonCree · Nov 7, 2018

hchon3 said:
Thank you everybody who commented i truly appreciate you guys and gals, thank you. Update on our situation, my neighbor is pressing the issue and has given me a choice between a sh*t sandwich or a turd taco. He said if and only if i put the dog DOWN he will drop everything and just want me to pay the vet bill, or he will send it to home owners insurance. My only concern is how much is my insurance will go up and the possiblity of them dropping me. I am so conflicted on what to do right now.....

I’d politely tell him to lick my prison pocket. You’ve offered multiple times to pay for the bill and if your posting account is accurate, sounds like you’ve been cordial and apologetic.

Ranchero50 · Nov 7, 2018

Ditto, no one likes a bully. Let him sue and kick his arse in court...

lx1x · Nov 7, 2018

Step one.. call your insurance.. how they process claims other than vet bills.

Two.. start calling lawyer just in case as previously suggested by a lawyer.

Note all events... Including the threat ..

doggyjacket · Nov 7, 2018

hchon3 said:
Thank you everybody who commented i truly appreciate you guys and gals, thank you. Update on our situation, my neighbor is pressing the issue and has given me a choice between a sh*t sandwich or a turd taco. He said if and only if i put the dog DOWN he will drop everything and just want me to pay the vet bill, or he will send it to home owners insurance. My only concern is how much is my insurance will go up and the possiblity of them dropping me. I am so conflicted on what to do right now.....

What exactly is the "everything" other than the vet bill that he thinks he's entitled to?
How does he plan to get your home insurance information?

If you are covered by your insurer and it actually gets to the point of litigation, they will likely hire an attorney for you or assign you one of their staff counsel.

I think your insurance company's position will be "Ok, we'll pay the vet bill."

hchon3 · Nov 7, 2018

Nolen is 3 had him for 2 years and is neutered. I actually only talked to him the day after the event. An animal control officer has been the inbetween because my neighbor does not want to talk to me. I assume in situations like this home owners insurance is the correct route to go if we cant figure it out neighbor to neighbor. I would love to tell him to hold my b*lls but i will hold off untill this is figured out.

rseymorejr · Nov 7, 2018

This prick thinks the insurance company is going to write him a fat little check, just in time for Christmas.

Any lawyers on here need help with my dog

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