I have to go to court because my dogs are in a kennel and some kids were throwing sticks and rocks at them and they the kids got bit by the dogs. Am I liable for that and will they kill my dogs?
2006-09-12 10:48:49 · 18 answers · asked by wildoneinco71 1 in Pets ➔ Dogs
My kennel sits 35 feet onto my property from the road and the kids have to come onto my property and the dogs were inside the kennel being teased by the kids and then the kids let them out of the kennel and were still on my property when they got bit! So does that still make me liable?
2006-09-12 11:04:53 · update #1
Well, if you can PROVE that the kids let the dogs out of the kennel, then you should not be liable and the dogs should not be euthanized. If the kids or other witnesses say that your dogs were running loose, then I think you have a big problem. Depending on where you live, you might be in trouble for providing an "attractive nuisance" by not locking your dog pen. If I were you, I'd find a lawyer who is an expert in animals and bite cases. Good luck.
2006-09-12 16:29:46 · answer #1 · answered by Danger, Will Robinson! 7 · 1⤊ 0⤋
Get an attorney.Now! No you are not liable but you must prove they let the dogs loose while they were trespassing on your property.
A good lawyer will put each kid on the witness stand and scare the truth out of them and your dogs will be spared.
While you're looking for an attorney look around your yard and kennel for any evidence the kids may have left and take pictures.
Check out the yard closely.If the kids have been teasing your dogs regularly there's probably a path worn in the grass from the street to the kennel.
2006-09-12 12:45:01 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Were the dogs in the kennel at the time of the bitings? Did you have signs posted to keep away from the kennel or that there are dogs on the premises? Take lots of pics from all angles to take with you to court to prove how your kennel is set up. Is the kennel right along the property line or set back a bit from it? Is it easily accessible to kids - I mean is it right there where kids normally play? Can the dogs get their heads or mouths through the fencing or did the kids have to stick their hands in to get bit? This will all come up in court. Also, do your dogs have all their shots up to date? Do you have any witnesses that can come in and testify as to how the dogs normally are or if they saw the kids antagonizing your dogs? Anything will help. Go after the kids' parents in a counter suit as well. They need to be held liable for what they did too. I hope your dogs don't have to be put down. Sometimes they just impound for 10 days if this is the first offense depending on the breed of dog (that in itself is very unfair as they do put down some first offense dogs depending upon breeds). Get a good lawyer to go after the kids and their parents. I am not one to sue normally, but they antagonized the dogs and then are now suing you!
2006-09-12 10:54:40 · answer #3 · answered by still learning at 56 5 · 2⤊ 0⤋
If you can prove that the children let them out and were on your property.... you have nothing to worry about HOWEVER, if you can't.... you will probably be held responsible for damages. The dogs may be returned to you but you might have to keep the muzzled when outside of your home....... yes, even on your own property! Go figure the law! I don't get it. There is a possibility that the dogs will be put down but that is usually only if there is a bite history or the attack was unusually brutal.
Hope I helped and Good Luck!
2006-09-12 11:18:39 · answer #4 · answered by rolahey 4 · 1⤊ 0⤋
If they were in a kennel at the time and the kids were outside the kennel then you should be ok. The law is not very lenient when it comes to dog bites though. My Miniature American Eskimo nipped a dude while my son was walking her and the guy called the cops, they impounded my dog for ten days to make sure she didn't have rabies and made us pay for it. It turns out the guy she bit was the chief of police! Anyway, he told us that dog bites are handled very seriously by the law.
2006-09-12 10:53:11 · answer #5 · answered by Cybeq 5 · 2⤊ 0⤋
I hope they don't kill your dog. Were your dogs in the kennel at the time this happened? If they were, you might not be liable especially if you can prove that these kids were provoking them. You may be able to counter sue the parents of these kids for harassment. Always remember that the plaintiff has the burden of proof.
2006-09-12 11:00:55 · answer #6 · answered by Sam 3 · 0⤊ 0⤋
Call your local humane society to find out the penalties for dog bites. Though if the kids were provoking the dog on your property (I'm assuming this is the case since they were kenneled) you have a good chance of winning your case.
I know in my state, 1 dog bite incident means you have quarantine your dogs for 10 days (kept indoors unless they are using the bathroom) 2nd time 30 day quarantine, and 3rd time, your dog has to be put to sleep. So call your local humane society and find out.
2006-09-12 10:55:02 · answer #7 · answered by Nikki T 4 · 0⤊ 0⤋
My dog bit someone. We keep him on a chain. We had to put him in quarantine for 10 days, on a chain inside the pen. Even though it was the guy's fault, we agreed to pay the hospital bills, had to take him in for 14 stitches. We had signs up in yard, beware of dog. This guy is a friend of my husband, drank a few beers, thought the dog 'liked him'. Well, this incident goes to show, if you come around a truck the dog is lying under, stumbling and startle the dog, yep, I believe he will bite. The police actually came out to the house to be sure we quarantined him that night, have been by to check on several occasions that he is still in there. Day 10 ended this evening at dark. We now have SEVERAL beware of dog signs and one big homemade sign that says, BEWARE OF DOG-HE DOES BITE!! Hopefully, they will only rule that you are responsible for any medical bills. Good luck and let me know how things go.
2006-09-12 16:26:49 · answer #8 · answered by windchymer3 2 · 0⤊ 0⤋
I hope you go to court and fight this. I do wish more people would teach their children to respect all animals!!! Take everyone's advice and take pics showing the area, the kennel and show that the dogs can not let themselves out. Get every piece of evidence that you can and fight it. I do not believe they will put your dogs to sleep and hopefully you are not held liable for someone else not taking responsibility for their own children, and depending how old they are, the children taking responsibility for their own actions. Keep us updated!
2006-09-12 16:10:06 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Laws vary from state to state and even county to county. Were your dogs confined to a fenced in area? What are the laws in your area? Some places have a "one bite" rule-allowed one bite, but the next one... Can you prove that the kids were provoking the dogs? How badly were the kids injured? And what kind of dogs are they? there are some prejudices about certain breeds. And as much as I love dogs, there are a couple of breeds that I would not have. good luck.
2006-09-12 10:54:47 · answer #10 · answered by harpingconnie 3 · 1⤊ 0⤋