A small and expensive dog tried to bite my girlfriend who kicked it in front of our building. The owner is asking for damages
2006-12-10 14:19:39 · 20 answers · asked by Suzan K 5 in Pets ➔ Dogs
The dog was not on a leash
2006-12-10 15:01:39 · update #1
We were walking to the building, the dog, barking, ran after us from afar without any reason, and attacked my friend's feet. It was not on a leash.
2006-12-10 15:06:14 · update #2
No- the owner should have had its animal on a leash. I would consult your town ordinances and see if you have specific leash laws. If you are concerned call an attorney. They should be able to answer a simple question like that for free.
2006-12-10 14:25:44 · answer #1 · answered by DAQUIRI_1 1 · 1⤊ 3⤋
She is not legally responsible to pay anything. In fact, the dog owner is responsible for paying her medical bills (if she got bit) and all of the dogs. If the dog owner gets nasty with you, call your local animal control (you probably should anyway). The dog owner is at fault, especially since the dog wasn't leashed and tried to bite when not provoked.
I am sorry that the dog got hurt, but I have to say that if a dog was trying to bite me, I would try anything to get the dog off of me.
2006-12-10 15:45:39 · answer #2 · answered by iluvmyfrenchbulldogs 6 · 0⤊ 0⤋
I have to say that I agree with RaysinGyrl, and I think that there's more to this story than the dog "tried" to bite your girlfriend, so she kicked it. . How big was this small dog and how hard did your girlfriend kick the dog to cause the dog to need medical attention? Sorry, but I worked for lawyers for over 20 years I've seen people sue and win money over some of the dumbest things. One thing I've learned is that you can never predict what a jury will decide on, but if your girlfriend has no injuries and the dog has no background of biting, well ... you figure it out. Sorry.
2006-12-10 14:43:36 · answer #3 · answered by HDB 7 · 5⤊ 0⤋
This is a tricky one. Your girlfriend should not have kicked the dog and the dog should have been on a leash. Your friend needs a lawyer to sort this one out. I think she should at least pay half the costs of the operation and that is what a lawyer mightsuggest.
2006-12-10 22:25:56 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Your friend was pretty mean to kick a small dog that probably couldn't have done much damage anyway.
That aside, this was just on the news not long ago, a jogger kicked a poodle that ran toward him, almost killed the dog, but now it's just paralyzed for life. Again, it was a pretty cruel thing to do, but because the dog got away from it's owner without a leash on, the guy got off. So your friend will probably not be financially liable.
2006-12-10 14:44:41 · answer #5 · answered by Dreamer 7 · 1⤊ 2⤋
depends on the situation....did she kick it before or after she got bit? If before, then possibly (if it can be proven by witnesses, security camera etc), if after then definately not. If the dog is a danger, she can report it to the police or talk to the owner and suggest that he get the dog obedience lessons or she can file charges for being bit (which may end up in the dog being euthanized- is not an ideal option, but if the owner can't control it).
If she went and kicked the dog a couple times after it was trying to flee (after the first kick, which would be self defense) then she should pay the bills.
2006-12-10 14:24:35 · answer #6 · answered by D 7 · 2⤊ 1⤋
She should offer to pay a part of the bill, but only after she has seen the receipt for the work done. Unless the owner had no control of the dog (it was not on a leash) at the time of the incident.
2006-12-10 14:28:45 · answer #7 · answered by eilishaa 6 · 2⤊ 1⤋
In my opinion, NO! But legally, if they sue you, probably. If I were her, I would go with the self defense theory. If the dog was not on a leash, even better. Some states have leash laws....check yours. It could be illegal to have the dog off the leash in public.
A lot of it depends on age. If you are a younger person and these owners are older....it might not be so well in court. I would do nothing unless you are sued. Then, go with the self defense thing. I mean, it is not right to have dogs running around who are a danger to humans. Besides, if Your girlfriend actually got bit, it would be YOU getting damages. Hope it all works out. Do nothing unless you are court ordered to do so.
2006-12-10 14:25:20 · answer #8 · answered by demongelding1@hotmail.com 3 · 1⤊ 3⤋
What on earth does the price of the dog have to do with this?
You lost any sympathy points I might have had right there. Considering it was a small dog and your girlfriend kicked the dog hard enough that it needed an operation, sounds pretty excessive to me. ,
None of us can hope to say who is at fault with the tiny bit of information you've provided.
2006-12-10 15:06:13 · answer #9 · answered by FairlyErica 5 · 0⤊ 0⤋
Not knowing the full details I would have to say no if the animal was not restrained. We all know that as good owners we are responsible for our animals behaviours and actions. However, was your friend provoking the dog, you are lucky that (if the dog was on a leash) the owner doesn't sue you for abusing his dog. Like I said, we don't have the full details so its hard to give a proper answer.
2006-12-10 14:31:37 · answer #10 · answered by Anonymous · 1⤊ 2⤋
Tried to bite her? She kicked a dog that tried to bite her? Can she prove it tried to bite her? The 'tried' part is a bit difficult to prove.
Unless the animal has a history of biting or aggression, it's going to be rather difficult to defend injuries to the dog because your friend 'thought she was going to bite."
It's kind of like, if I think you have a knife I can't accuse you of trying to kill me. Maybe you're just a chef.
I'd tell your friend to offer to pay at least 1/2 the cost and conclude that it was both her fault and the dog's fault that the dog was injured. Each are equally culpable.
2006-12-10 14:25:00 · answer #11 · answered by ? 4 · 7⤊ 0⤋