Vicious Dog? What are my rights?

Question

Ok, there is this little girl in my neighborhood, who has been antagonizing and teasing my 4 dogs. She comes in my yard, and stands just out of their reach yelling at them, I have had to tell her numberous times to leave them alone, and I've seen her waving things like bats and sticks at them, and throwing stones. Her mother has told her to leave them alone, but she still does it. Today, one of my dogs breaks his chain and goes after the girl, adn bites her. Joeseff is a chow/husky/doberman mix and has never shown this level of agression before, and there are other neighbor kids that can walk right up to him. Do I have any rights here as the kid was constantly teasing him - or do I have to just roll over and take the law suit thats comming? Joe is up to date on his shots and neutered, but he was on my neighbor's property when the girl was bitten - I was cited by cops for a loose dog and have to appear in court for that - I'm worried about the other part - does the kid teasing him mater

Has anyone else ever been in this situation? Is the verdict always to put the dog down, or are there other options I can take with him? Joeseff is a fence climber, he Has to be on a chain, even if we did put a fence around the yard - but again, he has Never done anything like this before, and is quite gentle with everyone else he knows. Do judges take first offences into account?

Ok, I went over there today and when I passed the house, I heard a woman inside yelling because the windows were open - but when I knocked on the door, she wouldn't answer. I asked the neighbor kids how the little girl was, and they said she had bite marks on her nose and by her eye. I wasn't able to get anything else about it.

Answer 1

Talk to the kids Mother, see if she's OK. Get a bigger chain or maybe a 6' chain link fence. Sorry to tell you dude, but if it's your pet, then it's your responsibility! If you show genuine concern, it may save you the lawsuit! Yes, in this case it was the child, but in all too many it is the dog! You will likely be "Judged" by prior situation in your community!
All 3 of my kids were raised w/ Rottweilers! Safely!!! Yet they are Out-lawed in many parts! For being "Vicious" dogs!
The one thing you should keep in mind is that dogs that "hang" w/other dogs, form pack instincts. Those raised in the home w/the family, are more human like.
Your situation is sad, I hope the kid was not hurt badly, and she learned her lesson!
But if ya do the math...a fence will be much cheaper than a serious injury.
Your humane and understanding disposition will be an asset in court!
He may ask how the child is doing...You'll want a good answer!

Answer 2

You should have been complaining to the authorities about the kid's behavior all along. Then they would have had a record of complaints against your neighbor and your position would be easier.

Report the situation to animal control yourself. Explain the situation. Ask them about your options. Do not believe everything they say, as some AC people are informed and some are terribly ignorant. Research your local laws on the net or at your town hall.

I do not understand why people put up with either vicious dogs or vicious kids without reporting them, then get very upset when there is a major incident. We are responsible for taking action, not just complaining about things.

Ther are laws against animal cruelty as much as against aggressive animals, but if it is between the kid and the dog, the dog loses.

Chainng dogs can increase frustration and aggression. In the future, I would encourage you to not chain the dogs, and either keep them inside, behind fences, or on a leash. It sounds like you and your dogs also need the help of an obedience class to hesd off other tragedies.

Answer 3

First off, and I know this sounds cruel, but from now on, call the police when this little girl is in your yard. Take a picture, video, whatever you can as proof, and tell the police that you want her or her parents charged with trespass. This is the only way that you will be able to prove circumstances.

Second, even if you cannot do this before your court date, then remember, dogs are for security purposes, and have a fair amount of lenience with respect to that. Your dogs were doing their watchdog duties, and barking at an intruder in your yard. The fact that the intruder did not leave your yard antagonized your dog, causing him to break his lead, which you can then enter as evidence to prove that you were in compliance with local lead laws. The fact that said intruder then fled your yard before she was caught by your guardian should be irrelevant.

If need be, it should be possible to demonstrate where the girl would have started to run from, and likely it will be in your yard.

Good luck with everything. If you are uncomfortable pressing charges, just turn the hose on the little brat a few times in your own yard. Her parents will not like it much, but it will send a clear message, and they can't take any legal action, since you are watering your own lawn.

Answer 4

Sorry man, I have been in the same situation in the past. It doesn't matter what the little girl has done.
here is what happened to me
(1) my neighbor stuck in hand over my fence to pet my female,
my male bites my neighbor. Neighbor goes to hospital for treatment. Police come to my house tell me what happened and that they must take my dog. Remind you I did have "BEWARE OF DOG" signs but found out that only proved I knew I had a vicious dog. Dog was taken and locked up for ten days costing $100 a day. Neighbor decided not to press charges and admitted he did wrong. Neighbor was town sheriff, should have known better.
(2) Same male dog attacked kid after being teased for weeks.
Dog impunded. Went to court paid fines. Could not get dog back until I built a dangerous animal enclosure which had to be built with chain link fence, concrete floor, and a top. (like a cage you would see at a zoo). I couldn't afford to build a cage like this. So I decided to have him put down.
You see I had him for 12 years and had recently (2 weeks prior to this ) found out he had cancer and only had a few more months to live. So putting him down saved him from those few months of agony.

SO it doesn't matter what someone else does to your dog to provoke him, you are at fault not the other person. Your dog will now be registered as a dangerous dog with local pound.
I wish you best of luck and hope you don't have to have him put down.
Please build a privacy fence for your dogs so they can be released from those chains. Being chained up also affects a dogs attitude.

Answer 5

I know this is likely not what you want to hear, but in most places in the United States, a dog owner is liable for dog bites simply because they own the dog. Given I don't know where you live, I am going to answer in generic terms and hope this helps.

An owner can't avoid liability by attempting to show that they acted reasonably, obeyed all laws, and did not know the dog was capable of biting. Remember, any dog with teeth is capable of biting. Furthermore, an owner's state of mind and personal freedoms are generally irrelevant when appied to liability in dog bite cases. Somewhat unfair, but generally the rule of thumb.

A dog does not get a "one free bite pass" in most states. There are, however, several exceptions to liability -- regardless of the state. The most recognized exceptions are:

* The victim was a trespasser -- which you could claim this child was!
* The victim provoked the dog -- which you could claim this child did NUMEROUS TIMES!
* The dog was assisting the police or the military at the time of the incident
* The victim was a veterinarian who was treating the dog at the time of the incident
* The victim was committing a felony

I'd also like to qualify something okiewenee posted. It's true that posting "BEWARE OF DOG" signs can do more harm then good in a bite case. Those three simple words can be twisted to mean, "You told me to beware because you knew the dog was dangerous." In an effort to protect myself in the event some individual enters my FENCED backyard and is bitten by one of my two Dobermans, I had signs made that read simply, "Dog In Yard." Should something happen, I can not only say the individual was clearly trespassing, but he was made aware that there was a dog on the property he was entering illegally. Tends to lend some "grey" to anyone's case claiming I knew the dog was dangerous. Heck no, I simply posted that to minimize any potential for them to get loose.

I wish you lots of luck. I'd be sure to get a video camera next time this child comes anywhere near your dogs. DO NOT attempt to contact the parents again. Anything you say to them can be twisted and potentially hurt you if this were to go to court. Start documenting incidents you can remember. Dates, approximate times. See if others in your neighborhood would also document what they may have seen. In addition, make sure you are able to defend your animal's behavior in connection with the two exceptions I noted above that may eliminate your liability. By that I mean this -- TRUE dog aggression is rare. Bites generally occur when dogs are attempting to display or reacting to the following:

* Defense or fear
* Protection of territory and pack
* Display of dominance
* Prey instinct
* Pain
* Undue punishment
* Redirected anger (Example - trying to separate two dogs in a fight)

Let me know how you make out!

Answer 6

If you have anyone from the neighborhood that saw what happened, ask them to come to court with you as a witness to the fact that the girl was on your property and antagonizing the dogs. Preferable someone that has seen her do this more than once. Also, make sure her mother is asked how many times she has been asked to keep her daughter off your property and from antagonizing the dogs.

Answer 7

You need to get written affidavits from any neighbor who has seen this kid in your yard teasing the dogs.Hopefully some of your neighbors will offer to go to court with you.And get them NOW and contact an attorney to defend you.This child has repeatedly trespassed on your property.And her parents have shown serious neglect in allowing her to continue to come in your yard and antagonize your dogs evan after you told them of her actions.
The kid got exactly what she deserved.And I truly hope your dog and you don't have to suffer any punishment for it.
I realize lawyers are expensive but find a good one and have legal fees included in your suit against them.Don't wait for them to bring suit against you.Because now your dogs got a record for biting.
It's really too bad you did'nt grab the brat and put the chain around her neck and throw rocks and swing bats at her and see how she liked it before it got this far.Oh sorry,that'd be child abuse.

Answer 8

I do not know about your town but where I live it makes a difference. Same thing happened but the kid hit my dog with a stick and cut her head. When animal control came out they saw my dog was hurt and other kids told them how the little brat treated my dog. The parents were given a ticket for harming a animal and when they tried to take me to court the judge made them pay my vet bill. I would lodged a complaint for trespassing

Answer 9

many cases of law on dogbites, first the judge will find out if the dog has bitten before and has a pattern of it. once he finds out the the dog has had stones and other things thrown at it by the child, which the parents are liable for the childs actions. telling them don't do that just don't cut it. as she is a minor and the parents actually let it go on. you can countersue for animal cruelty against the parents. it will come out showing the dog was friendly to everyone and this child threw things at the dog teasing the dog and do everything to mess with the dog. even though you told her to stop it and her parents told her to stop it, they were negligent in her actions by not parenting her properly. any animal no matter how loving and passive will eventually attack to let you know leave me alone. the kid teasing the dog is the major factor as even though the dog was playing in your neighbors yard, the child comes up to mess with it again and it opens up a can of whoop butt. i would place bets that her parents just said don't do that instead of giving her a butt smack. to bad the dog didn't bite her parents in the butt for not teaching the child right. by showing everything is up to date and the dog got fed up with the child throwing stones and the dog broke the chain to go after her as it finally got fed up with it. definitly countersue for animal cruely against the child and her parents. that carries a hefty fine and up to a year in jail. sue them for mental anguish and stress as the child kept basically tortured the dog and you have to take it to training swchool now and ask the judge to make them pay for it.

Answer 10

The girl has a right to live longer on this earth than your dog. It's a DOG! Get to the bank.

The judge will go a lot easier on you if you put the dog down before the hearing.