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  1. #1
    Join Date
    Jun 2011
    Posts
    4

    Default Dog Fight on a Public Sidewalk, Owner Bitten

    My question involves animal law for the State of: CA

    Hello,
    Nearly 6wks ago, I was out walking my Rotty, my 2kids walking ahead when they both stumbled and fell, result in scraped knees and tears. A woman with a chocolate lab came walking down sidewalk and the dog was barking and lunging at lead. My dog started barking too, I think they both wanted to play. It happened very quickly as I was bending over trying to help my youngest child, and I was caught off balance and the lead was pulled out of my hand momentarily, giving enough room for my dog to get next to other dog. Both dogs barking and sniffing, and immediately the owner starts screaming- which scares both my kids who both start screaming. I quickly try to grab my dogs lead as the play escalates into biting, and the woman reaches between dogs to try to seperate them. I am trying to pull back my dog. Her sister approaches us, she is the only witness other than my kids. She had also been screaming. The woman states she was bitten but I did not see it happen and she does not show me the bites.

    We exchange info, and I hear nothing, but then about 5wks later I receive a notice from animal services. The woman claims my dog was OFF leash, attacked her and her dog, and that she was bitten 3 times, as was her dog. She went to the ER several days after the injury, and her dog went to the vet. (I did not take my dog to the vet for her bites because I felt I could treat them at home)

    I immediately phoned animal services and stated my dog was on a leash. I stated what happened. They listened and said they would be in touch, but did not feel there were any violations. It has been another week almost. "off the record" it was stated that it seemed I was being set up for a civil claim.

    I do not know what to do. What are my rights? Assuming she was bit, How do we know what dog bit her since both dogs were biting. Also, does she "assume risk" by being in public with her dog as I was, but more importantly by sticking her hands between them? Am I at fault for dropping lead, even though I quickly grabbed it back up?

    My home owners insurance policy excludes my dog. Please offer any advice, I appreciate it. Again, it has been 6 wks since incident happened in May.

    Thank you so much!

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Dogfight Public Sidewalk, Owner Bitten

    It appears that at the time of the incident your dog was off the lead. You dd not have control of the animal by your own admission.

    Contact your home owner's policy to see if you are covered. It will be incumbent upon the other party to show that your dog inflicted the injuries. Though, from the sound of it, it is apparent that this did happen.

  3. #3
    Join Date
    Jun 2011
    Posts
    4

    Default Re: Dogfight Public Sidewalk, Owner Bitten

    Thank you for the reply,

    I apologize, I did not word my original post well, sorry about that, I am a fairly solid man, her dog was lunging and as I was bent down, at an angle, her dog knocked into me, so yes I toppled over and in scrambling it was pulled out of my hand, the dogs sniffed rears, by this time I was already holding onto lead again, and that is where I say I was trying to pull the dog away---I was attempting this as soon as held the lead again, dogs were not "fighting" but yes it escalated, I was try to pull my dog away, because we were literally right there, I am holding end of lead- but my dog is right there and so there is slack, I had to remove that slack in a 6'lead for my pull to be effective, if that makes sense- at same time, she dropped her dogs lead so she could pick up her dog.

    I did not consider her dog "off lead" either because she dropped it to pick up the dog. Hopefully I clarified the situation better? Or at least added better detail.

    So at time of incident my dogs leash was in my hand. Did I have control? It happened quickly and it took a moment, just as it also took a moment for her to control her dog- again she chose to actually pick the dog up vs pull the dog away.

    Could you please clarify for me, how it is apparent that it is my dog that bit her vs her own dog? BOTH dogs were biting. She put her hands between them, to pick up a biting dog.

    I previously wrote that my home owners excludes my dog.

    Thank you again.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Dogfight Public Sidewalk, Owner Bitten

    It may not be a stretch to say that your dog contributed to the injuries even if it cannot be definitively shown that your dog did the biting.

    Remember, civil court is about the preponderance of the evidence, not guilt beyond a reasonable doubt. My guess is that your insurance will settle without going to trial as it will probably be cheaper to pay off the damages then it would be to go to trial and prevail.

    Even if on a leash, if you lost control of your dog that could place you in the loser's circle on that one. That does not mean you are evil or did anything unreasonable, just that you will likely be seen as liable.

    So, contact your insurance company and advise them of the claim. If you are cited for violating some ordinance, then do not miss the assigned court date.

  5. #5
    Join Date
    Jun 2011
    Posts
    4

    Default Re: Dogfight Public Sidewalk, Owner Bitten

    I should have read my mail earlier!!

    We have rec'd a handwritten note, the woman is apologizing! She states that after thinking it over, she realizes that she should have not walked so close when I was tending my children. She apologizes for the dog jumping on me, and realizes the dogs just wanted to play, and she overreacted. She has hired a trainer for her lab and they have stated her dog is very playful yet also very aggressive. I'm not sure what she means by that bit. She is asking if we could please help her out with paying for her medical bills. She has enclosed receipts.

    I still feel like we should just each pay for our own. Had I stuck my hands in it, would she agree to pay for half of mine?
    My wife suggests that this is reasonable and fair, but that we offer to pay what we feel we can afford.

    This woman has ended her note saying she hopes my kids are ok, and that she hopes to see us again out walking.
    I am unsure what to make of any of this.

    Any thoughts?

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Dogfight Public Sidewalk, Owner Bitten

    You might have to ask yourself whether waiting for a civil suit will be beneficial. There is no way she can force you to pay her medical bills absent a court order, so you can always choose to refuse.

    If sued, you might pay more ... or not.

    It is a quandary and I wish I had an answer for you.

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