Hello,
I am new to the forum as I am looking at any advice from someone who may have had a similar experience. My wife and I have been privately training our 4 year old female terrier mix and we have just moved to group lessons. We were in a group agility training class today when a male German Shepard joined as well. The usual trainer that we work with was out of town so there was an assistant trainer holding the class.
The assistant trainer stated that this particular Shep was "aggressive" but he is allowed to take the class because his owner knows how to handle him. Immediately we were wary but trusted that the trainer knew what she was doing. In any case, we started the lesson and started to run through the agility training exercises. About 25 minutes into the class our terrier had finished jumping over her last hurdle and my wife was praising her for doing a good job. About five feet away the aggressive shep didn't go through his tunnel right so the owner made him turn around off leash to do it again. When the shep turned he caught sight of my dog and ran straight for her (unprovoked) from behind and attacked her viciously.
Immediately the Shep's owner wrestled his dog off of our terrier but the damage had already been done. We rushed her off to the vet and the owner of the shep was extremely sorry, asked us to take down his number and said he would pay for any damages. At the vet while they were looking at our dog, the owner of the shep showed up and stayed with us, stating he would pay all costs and again was very apologetic.
After finding out that our terrier needed an estimated one thousand dollars worth of stitching, xrays, medicine, etc...he stated that "some things have come up" and that he was not going to pay. We threatened to sue but he just shrugged and walked out. We find out later that our trainer had called him and stated that he shouldn't pay because she wasn't sure if it was really his dog's fault...because the assistant trainer said that our dog was 4 feet away from the aggressive shep so it was our fault.
We are unsure of what to do in this situation. Do we sue? Is it really our fault? I know our dog was more than 4 feet away (the tunnel and the last hurdle were placed at least 6 feet away) and the dog attacked ours totally unprovoked! I guess I am hoping that there is someone in here who has been in a similar situation...
Thanks,
Mar
Advice on how to deal with aggressive dog bite
Moderators: emmabeth, BoardHost
Re: Advice on how to deal with aggressive dog bite
Firstly, I'm so sorry about your dog. 
That is a terrifying situation to experience! I have never had to do so before, but with the given information...
Dog bite laws vary widely from area to area. In your situation, I would start by reviewing the contract you agreed to when signing up for the class first - there is probably a clause protecting the facility from lawsuits, but it might also talk about other dogs' actions. Here are a few clauses from one of the facilities I go to:
Did the instructor or owner give specific directions to stay more than six feet away from the dog? If so, a lawsuit probably wouldn't fly. If neither the instructor nor the owner gave other owners instructions about how to be around the aggressive dog, you may have a case.
While, if you decided to move forward with a lawsuit, I would personally try to find a lawyer, first I would try to find any relevant laws that may have been broken. Legally, your dog would be considered your property, so you would look for laws dealing with dogs damaging property. It's probably unlikely that there are specific laws dealing with dog-on-dog bites. Lawyers can be expensive, so I would do some digging before deciding to hire one.
As to whether you should sue - if you want to, I think you are well within your moral rights (legal rights are tricky and vary by location). You were told the owner could handle the dog; the dog, who was known to be aggressive to other dogs (do you know if the dog had attacked other dogs before, or just barked/growled/snarled?), was let off-leash by the owner in a situation with other dogs; your dog did not start the incident by, for example, barking at or running up to the other dog.
Personally, I feel it was horribly irresponsible for the aggressive dog to be allowed off-leash in a situation where other dogs were not only around, but were running and moving - which excites almost any dog, making attacks more likely to occur. The facility I quoted the waiver form of has several areas with waist-high barriers, preventing the dogs from getting at or even seeing each other on the agility course. The non-aggressive dogs may stay with several dogs to an area, pass each other off-leash as we take turns running the course, etc. The aggressive dogs each have their own area, where the owner can still observe but the dog is separated from the action. Before an aggressive dog is let out onto the course, the trainer calls out to make sure all the barriers are closed, even if she sees that they are. In the lower levels, when you practice one obstacle at a time, dogs are on leash when possible and when not possible, the "line" is far from the active obstacle. This is the kind of behavior I would consider "responsible and safe;" letting an aggressive dog off-leash around other active dogs is not...and it's on both the trainer and the owner of the shepherd, IMO, for allowing the situation to occur. The trainer, again, is probably protected by the waiver. I feel like asking the owner to pay for the harm done to your dog is reasonable and correct.
That is a terrifying situation to experience! I have never had to do so before, but with the given information...Dog bite laws vary widely from area to area. In your situation, I would start by reviewing the contract you agreed to when signing up for the class first - there is probably a clause protecting the facility from lawsuits, but it might also talk about other dogs' actions. Here are a few clauses from one of the facilities I go to:
So in my case, the facility would be protected by these clauses. However, the one about other dogs:I understand that {business}, its owners, staff, partners and volunteers will not be liable, financially or otherwise for injuries to my dog, myself or any property of mine while my dog is participating in services provided by {business}. I hereby release {business} of any liability of any kind arising from my dog’s participation in any activities or any and all services provided by {business}.
I understand that there are risks and benefits associated with any dog related activities. I agree that the benefits outweigh the risks and that I accept the risk. I understand that all dogs are closely and carefully monitored by {business} staff to prevent injury, however it is still possible that during the course of normal play and or training, my dog may get hurt.
would indicate that, if your situation had occurred at this facility, the shepherd's owner would be responsible, "financially and otherwise."I understand that I am solely responsible, financially and otherwise, for any harm or damage caused by my dog while they are at our facilities and receiving services (including all classes) provided by {business}.
Did the instructor or owner give specific directions to stay more than six feet away from the dog? If so, a lawsuit probably wouldn't fly. If neither the instructor nor the owner gave other owners instructions about how to be around the aggressive dog, you may have a case.
While, if you decided to move forward with a lawsuit, I would personally try to find a lawyer, first I would try to find any relevant laws that may have been broken. Legally, your dog would be considered your property, so you would look for laws dealing with dogs damaging property. It's probably unlikely that there are specific laws dealing with dog-on-dog bites. Lawyers can be expensive, so I would do some digging before deciding to hire one.
As to whether you should sue - if you want to, I think you are well within your moral rights (legal rights are tricky and vary by location). You were told the owner could handle the dog; the dog, who was known to be aggressive to other dogs (do you know if the dog had attacked other dogs before, or just barked/growled/snarled?), was let off-leash by the owner in a situation with other dogs; your dog did not start the incident by, for example, barking at or running up to the other dog.
Personally, I feel it was horribly irresponsible for the aggressive dog to be allowed off-leash in a situation where other dogs were not only around, but were running and moving - which excites almost any dog, making attacks more likely to occur. The facility I quoted the waiver form of has several areas with waist-high barriers, preventing the dogs from getting at or even seeing each other on the agility course. The non-aggressive dogs may stay with several dogs to an area, pass each other off-leash as we take turns running the course, etc. The aggressive dogs each have their own area, where the owner can still observe but the dog is separated from the action. Before an aggressive dog is let out onto the course, the trainer calls out to make sure all the barriers are closed, even if she sees that they are. In the lower levels, when you practice one obstacle at a time, dogs are on leash when possible and when not possible, the "line" is far from the active obstacle. This is the kind of behavior I would consider "responsible and safe;" letting an aggressive dog off-leash around other active dogs is not...and it's on both the trainer and the owner of the shepherd, IMO, for allowing the situation to occur. The trainer, again, is probably protected by the waiver. I feel like asking the owner to pay for the harm done to your dog is reasonable and correct.
Delta, standard poodle, born 6/30/14
Re: Advice on how to deal with aggressive dog bite
This was absolutely not your fault in any way - good grief, if it's a fault for any dog to be in the same vicinity as that GSD then potentially the whole world is held to ransom.
I am in UK and laws differ. However I am a professional trainer, and I have to have insurance to cover such incidents. If I were to hire a building or field in which to do group training, I would be liable for any such happenings, and my insurance would handle it.
So I think your priority is to find out about insurance from trainer and training area ownership. Is you dog insured? That would make life easier, but you can still progress if not. Let the insurance companies slog it out, but it's the trainer who has been negligent and in law here it would be the trainer who was liable. No way should a known aggressive dog have been unmuzzled off-lead in the proximity of other dogs.
As a behaviourist I am concerned about the long-term effects on your poor dog. If you decide to sue, then future costs for hiring a behaviourist to help your dog over this awful incident should be covered. You too - what a terrible experience. I'm so sad that you had to go through this.
I am in UK and laws differ. However I am a professional trainer, and I have to have insurance to cover such incidents. If I were to hire a building or field in which to do group training, I would be liable for any such happenings, and my insurance would handle it.
So I think your priority is to find out about insurance from trainer and training area ownership. Is you dog insured? That would make life easier, but you can still progress if not. Let the insurance companies slog it out, but it's the trainer who has been negligent and in law here it would be the trainer who was liable. No way should a known aggressive dog have been unmuzzled off-lead in the proximity of other dogs.
As a behaviourist I am concerned about the long-term effects on your poor dog. If you decide to sue, then future costs for hiring a behaviourist to help your dog over this awful incident should be covered. You too - what a terrible experience. I'm so sad that you had to go through this.
A dog is never bad or naughty - it is simply being a dog
SET YOURSELF UP FOR SUCCESS
SET YOURSELF UP FOR SUCCESS
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mansbestfriend
- Posts: 301
- Joined: Mon May 20, 2013 7:35 am
- Location: Queensland, Australia
Re: Advice on how to deal with aggressive dog bite
Hi. My thoughts: I hope you and your dog are OK. Another concern would be to try prevent the same incident from happening again in the future.
I'm not trained in law and there are two (or more) sides to every story but, this sounds like a breakdown in proper safety procedure/s of the training business and/or the trainer and/or assistant. I would NOT consider the inclusion of an unrestrained and unmuzzled dog with known history of aggression to be normal risk associated with a normal training class.
Hopefully common sense will prevail.
Good luck.
I'm not trained in law and there are two (or more) sides to every story but, this sounds like a breakdown in proper safety procedure/s of the training business and/or the trainer and/or assistant. I would NOT consider the inclusion of an unrestrained and unmuzzled dog with known history of aggression to be normal risk associated with a normal training class.
Hopefully common sense will prevail.
Good luck.The journey of a thousand miles begins with a single Sit.
Re: Advice on how to deal with aggressive dog bite
Can't advise you on law or what you should do from a legal standpoint. But I can suggest that maybe it's time to find another trainer.
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ScarletSci
- Posts: 463
- Joined: Mon Feb 04, 2013 3:44 pm
Re: Advice on how to deal with aggressive dog bite
I would also take legal action if I were in your shoes. I believe you're morally and legally within your rights to recover your expenses from the owner and/or the trainer. See if any other participants in the class are prepared to be witnesses for you. Keep all documents from the vet as well.
I'm so sorry this happened to you and your dog. Please let us know how you both get on?
I'm so sorry this happened to you and your dog. Please let us know how you both get on?
