Would I be at fault?

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rnor1120
Posts: 282
Joined: Fri Apr 22, 2011 9:35 pm
Location: USA

Would I be at fault?

Post by rnor1120 »

I had a small situation yesterday with my dog, Chance. He is a 5 year old, 50 lbs, neutered male pit bull who is on his best days, semi-tolerant of other dogs. He lives happily with my other dog, Cricket, a spayed female staffy. Chance is my running buddy, and we run three times weekly. I have a neighbor with three (psychotic) small dogs - two malteses and a shih tzu. Their owner has nooo control over these dogs, and frequently walks them on those d@&$?! Flexi-leashes. I walk my dogs daily, and when we pass these dogs it's a circus of white fluff and leashes - snarling, snapping, barking, tangling... Anyway, my dogs typically ignore these guys, I say hello and pick up the pace and we pass uneventfully.

Anyway, I was running with Chance yesterday evening and we pass the three psychos and their flustered owner. He tried to pull his landsharks into a driveway but couldn't reel them in. I tried to circumduct but couldn't guide Chance to my other side fast enough. Usually when we run, I can tell Chance, "dude, you're working right now, focus" and he'll redirect himself and we carry on. This didn't work yesterday. The shih tzu came at him from the front, but quickly jumped out of the way. The malteses came at him from the back. One went to sniff his butt and one went to sniff his butt but then lunged at his back leg. At that moment, Chance turned and snapped at this dog. Had I not jerked the leash he would have bitten this dog's head and given the size difference (50lbs pit bull to a 10 lbs Maltese) would have done serious damage. I kept running, redirected Chance, and fortunately that was the end of it. The owner of the three dogs looked mad (couldn't hear, had headphones in), but I don't know if that was at me and Chance or his dogs.

Had Chance made contact and injured or killed the maltese, would I have been at fault? Technically my dog would have done the damage, but the owner of the Maltese had no control of the dogs and had he had normal leashes the hypothetical incident would not have likely happened. My arguing points: my dog normally ignores these dogs, his dogs were inappropriately restrained, and his dogs technically started it...
Erica
Posts: 2697
Joined: Fri Aug 05, 2011 9:35 pm
Location: North Carolina

Re: Would I be at fault?

Post by Erica »

It would really depend on the laws, any lawyers involved, and the judge...there's merit to both sides of the argument (the little dogs should be kept under control, Chance would have been the one to "throw the first punch" instead of yelling insults, the little dogs were antagonizing him, you've seen aggressive behavior from him in the past and may have reason to consider a muzzle for him...)

Does the leash law in your area require 6' leashes or is it looser? You'd have a better legal standing if the other owner was breaking the law in some way, but it would still probably be up to the judge's interpretation.

In my neighborhood there are some dogs that, when I see them, I either just stop and wait for the owner to get the flexi lead reeled in and locked before I proceed, or I just turn around and walk away (maybe duck way down a driveway and let them pass before resuming, if I need to continue a certain direction). Some people just won't manage their (rude) dogs properly :/ so I have to go out of my way to manage my dog instead to keep him safe. When I'm walking Ami, it doesn't matter to me that the other dog's owner is at fault if a loose dog runs up to us and Ami attacks - it would still be a bad experience, so I do my darndest to avoid the situation, even if it means dragging Ami into the tick-filled woods.
Delta, standard poodle, born 6/30/14
rnor1120
Posts: 282
Joined: Fri Apr 22, 2011 9:35 pm
Location: USA

Re: Would I be at fault?

Post by rnor1120 »

There is no law that requires a 6' lead, but just a leash in general. The law does state that the leashed dog must be under "immediate and complete physical control" at all times, which was not the case with my neighbor and his land sharks. I hate to say it like this, but I have friends in animal control... (I would of course take responsibility for a more black-and-white situation with Chance).

Interestingly enough, Chance and Cricket have met one of the malteses before. It wasn't on a leash and ran up to them, but instead of rushing, stopped and politely approached. They had a mutual sniff, walked in a sniffing circle for a minute, and the owner ran panicking to grab his dog. No aggression, no anxiety. Just a polite greeting. Likely because he realized he didn't have his buddies backing him up. I think it was the dog that went to sniff the bum but not bite the leg.

Just frustrating, up until the dog went for his leg, Chance was in my control.
Ari_RR
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Location: USA
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Re: Would I be at fault?

Post by Ari_RR »

My 2 cents.... It it was my 100+ lb leashed RR attacked by a wild out of control fluffy, and consequently causing harm to the fluffy - would I feel that it was my fault? Without any doubt - I would. :(

That said - we do the best we can, but some times stars just line up wrong. I am glad everyone came out of the encounter without any injuries!
JudyN
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Re: Would I be at fault?

Post by JudyN »

If it was me, I'd be considering muzzling Chance. Things happen, plenty of small dogs feel the need to get verbal with larger ones, plenty of owners let them get too close, and even if it's 100% the other person's fault, it could still be tragic for the other dog (and owner). Plus I don't know if it could co very badly for Chance if the other owner reported it.
Jasper, lurcher, born December 2009
Suzette
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Re: Would I be at fault?

Post by Suzette »

With all the ignorant, rampant, anti-pit bull mentality going on around us, I would move heaven and earth to keep Chance away from those three. Turn around, cross the road, stop and ask the guy to corral his little mob before you pass, etc. Because, sadly, many would blame Chance no matter what the circumstances simply based on his breeding.
My avatar is Piper, my sweet Pembroke Corgi. b. 5/11/11
mansbestfriend
Posts: 301
Joined: Mon May 20, 2013 7:35 am
Location: Queensland, Australia

Re: Would I be at fault?

Post by mansbestfriend »

Hi. There are regs here where I live that all dogs must be under the owners' direct control, but, further that owners must not allow theirs dogs to be a menace to others.

A similar incident happened between one of my dogs and a toy poodle in a narrow pathway a while ago. They walked up quickly behind us. After accusations and demands and an official complaint by the other party, there was an investigation by our council. Interviews and assessment took place, the council rep and the supervisor found that we were not at fault. My dog did connect however (minor injury, long story), and now wears a muzzle in public to be on the safe side (AND no doubt my name/dog name/etc. is 'tagged' in council records).

My own personal opinion is the other guy was a moron dog-wise, but unfortunately there isn't a law against that.
Take care.
The journey of a thousand miles begins with a single Sit.
rnor1120
Posts: 282
Joined: Fri Apr 22, 2011 9:35 pm
Location: USA

Re: Would I be at fault?

Post by rnor1120 »

Thanks all. Just a crap situation, and I hate that nasty little dogs and stupid people always seem to "win" in these scenarios. Had the other dog actually connected and bit Chance's leg, my guess that any formal complaints would fall on deaf ears. I've never lived in an area where people are so entitled.

I have a basket muzzle for Chance and use it in certain circumstances, but I will not take him on runs with it on. It's too humid here (southwest Florida) and I don't want to hinder air flow and breathing in any way. I've never had an issue like this before, and plan on just avoiding that street now.

My next question - would it be rude to leave three 6' nylon leashes and a firm recommendation for a trainer at his doorstep? (I'm only sort of kidding). I can take some solice in the fact that there is a "For Sale" sign in their front yard.
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