i went to a dog park and my american bulldog got in a scuffle with a lab. my dog ripped off the labs ear.(the entire thing). could i get in trouble with the law even if the lab attacked him first??(i have witnesses)
2007-01-16 12:41:51 · 14 answers · asked by ItalianStallion 1 in Pets ➔ Dogs
Responding to the other answers, do they know that American Bulldogs are not Pittbulls or Am Staffs? I have 4 American Bulldogs and we go to the dog park, ball games, City park... ALL the time. Freak things do happen, and I would suggest finding out what the Lab owner's intentions are.
2007-01-16 14:05:41 · answer #1 · answered by Anonymous · 1⤊ 2⤋
It depends. If there are leash laws in the park, and your dog was off-leash, you could be culpable for the damage to the other dog (even if the other dog was also off-leash).
If your dog has a history of biting, you can be in a lot of trouble. IF your dog has a bite history you are required by law to use "reasonable effort" to make sure your dog doesn't harm anyone or anything else. By taking your dog to a park where there are lot of people and other dogs, and by not keeping firm control of your animal, you may be found "neglegent" -- and you may be fined by the city/county, face a civil suit from the Lab's owner, and have your dog confiscated (and put down) by Animal Control.
If the other dog initiated the fight, you'll need to be able to prove that (make sure you get written statements from your witnesses, and that they're willing to come to court to defend you if needed). Try to find out if anyone around had a video camera running at the time of the attack; people film everything these days.
You'll also need to be able to prove that once the fight started, you tried to separate the dogs or otherwise attempted to get your own dog under control before the serious damage was done. This will show the judge in court that you at least made an attempt to "minimize" the damage by attempting to get your dog under control once you realized the dogs were going to fight.
Because of the extent of the damage to the other dog, a "bite report" will have to be filed with Animal Control, and if you ever decide to sell or give away your dog you are required by law to let the new owner know about this incident.
You may be able forego any ugly legal action if you go to the Lab's owner right away and offer to pay half of the vet bills for his injured dog. Get something in writing stating that you're not admitting any wrong, but are trying to be a good neighbor and will pay half the vet bills if the Lab's owner promises not to prosecute. If you're unable to pay your portion of the vet bills all at once, put into the signed document that you'll pay a certain dollar amount on a certain day each month (like $50 on the 10th of each month until your portion of the bill is paid). Then make sure you stick to your part of the bargain.
If you put together such a document, and the Lab's owner refuses to sign it and wants to sue you anyway, hang onto your document. It will prove to the judge that you were making a "good faith" effort to resolve the issue out of court -- and the judge may then rule in your favor.
2007-01-16 20:57:07 · answer #2 · answered by Fetch 11 Humane Society 5 · 2⤊ 0⤋
First off, not to be mean, but why did you have your bulldog at the dog park?? Big, big no-no in the bulldog world.
Second, what are the owners of the lab saying? You could offer to pay for any vet bills, or see what else you could do to help. Talk with them, be civil.
Please, no more trips to the dog park. The bully breeds are in enough trouble as it is.
2007-01-16 20:47:23 · answer #3 · answered by Carrey 2 · 2⤊ 2⤋
It just depends on how the other dog owner is taking this. If the lab started it and you have witnesses saying so, you should be ok. I would wait and see if the Lab's owners come back to you. Did you try to pull him off as soon as it happen - if so I would say you were in control of your dog. I would make sure you have all the witnesses names and numbers.
2007-01-16 20:52:03 · answer #4 · answered by Jenn J 3 · 0⤊ 1⤋
Yes, you'd better be ready to pay the lab's vet bills and I hope your dog is up to date on rabies and such. There is prejudice against different types of dogs. If you were following all rules of the park, and the other owner wasn't then you can use that.
Was his dog on a leash? Was yours?
This link explains that the law see's dogs that attack other dogs as potentially dangerous to humans.
http://www.dogbitelaw.com/PAGES/danger.htm#attackingdogs
Here's one like yours, just take out the human being bitten:
(copied from the linked page)
"In another case, an eye surgeon took his dog to a dog park. While there, his dog and another began to fight. The other dog was a mastiff; the doctor's dog was a labrador. The mastiff grabbed the labrador by the throat and started shaking it. Neither the mastiff's owner nor the doctor could make the mastiff let go. The doctor had a can of Mace in his pocket. He sprayed Mace into the eyes of the mastiff. It let go of the labrador's throat and began biting the doctor on his hand. As a result of the injuries to his hand, the doctor finds it difficult to engage in his occupation as an eye surgeon who has to do microsurgery -- a job that requires steady hands. The settlement was $50,000.00. "
2007-01-16 20:51:04 · answer #5 · answered by Sugarshots 4 · 0⤊ 2⤋
Yes.
Actually, both parties could get in trouble for not keeping their dogs under control. Dogs will scuffle, but if one does as much damage as your's did, you may be held accountable. It takes a lot of force to tear a dogs ear off!
2007-01-16 20:47:49 · answer #6 · answered by Scottee25 4 · 2⤊ 1⤋
First of all, I must implore you with the question of why in the heck did you have your bully breed (which includes APBTs, ASTs, SBTs, Bull Terriers *and* American Bulldogs!) at an off-leash dog park? It is insanely foolish for an individual who owns any of the above mentioned breeds to even be at one of these parks because of the chances of dog aggression occuring in one of these breeds.
Secondly, yes, you are possibly accountable for the damage done to that dog by your dog and should have volunteered your contact information to them and vice versa so that the matter could be handled in a professional and adult manner. No criminal charges will be filed unless information can be found to state you were being negligent.
And on the dog park again: These places are a breeding ground for worms, diseases and idiots who have dogs there that are not within voice control and many of them having dog aggression (not just the bully breeds in attendence) and should be avoided. Playdates with like-minded individuals in a private setting like another individuals home are much safer and controlled than these off-leash parks.
Bully breeds (many people confuse ABs as pit bulls, you know...) are in grave amounts of trouble in today's society, sadly. I wouldn't suggest another trip to any off leash park with your canine buddy after this for his/her safety as well as his/her life with you.
2007-01-16 20:53:55 · answer #7 · answered by ShadowWolf 2 · 1⤊ 1⤋
well you better be ready for a problem both of you should have had your dogs under control even at a dog park. if the police were called or a police report was made have the witness phone numbers ready
2007-01-16 20:52:39 · answer #8 · answered by Wicked 7 · 1⤊ 1⤋
Yes. If it is anything like Australia or UK.. American Pitbulls have a badname. My Boy is half staffy and half Pitty, so he has the advantage looking more like a staff than a Pittbull.
Also, unfortunately because your dog got in a fight with gods gift to man - The Labrador! You will probably be seen as the naughty one. Just lucky it was not a maltese or something.
What did the owner of the Labrador say? If he is ok, then I am sure that will work in your favour :)
2007-01-16 20:50:33 · answer #9 · answered by Anonymous · 1⤊ 3⤋
You are responsible for half the vet bill for the lab for not ahving your dog under control.
2007-01-16 20:48:27 · answer #10 · answered by ghostwriter 7 · 1⤊ 1⤋