i believe my dog has been falsely accused of biting somebody.?

Question

i posted this question last night but i learned some new info today so here i go again.

my dog got out of my house on accident-- OK, i know tht was my fault, im not doubting that. however he isn't aggressive, he is a pit bull but he is only 1 yrs old and has never attempted to bite anybody.
anyway after he got out there was a guy on a bike and he had 2 stray dogs chasing him,so my dog thought it was a game of chase and joined in.
well this guy said it was a brown and white dog that bit him. he called the police, we got a ticket, the police called animal control and they took my dog in for a 10 day quarrantine.
i talked with the animal control officer today and she said the guy only had a couple of scratches and he stated that he wasn't sure if the dog bit him or scratched him.
this makes me wonder why they only took my dog because if he isn't sure if he was bit or scratched then he didnt' see which dog actually did it, right?
he said it was a brown and white one but there was 2

of them, my dog and a stray dog that is both brown and white. the animal control did not bother to try to pick up any other dogs but mine. is this right or legal since he didn't actually see which dog did it and he is only guessing.
on something like this , shouldn't they investigate a little more to find out which one did it?
after all there were 3 very different sized dogs and all they would have to do is measure the distance between the teeth marks to see which one looked more like the ones on the guys leg right?
is there anything i can legally do?

sry for it being so long

Answer 1

Well first thing is your dog was singled out due to the breed. Now I knw I have a 1 year old pit and people always say oh what a cute dog what is he. When I reply American pitbull terrier they run in fear. With that said you should question the officer and find out what evidence they have that your dog bite the man. Check with real pitbull.com they have excellent people you can e-mail and get some good info. Good luck to you and your great dog

Answer 2

I am sorry this happened to you, and i think they took your dog ONLY because he is a pit bull. What kind of dogs were the other two? A lot of people falsely accuse pit bulls of biting. My friend has 5 dogs, 3 labs, a pit bull, and a cocker/lab mix. When the dogs were outside one of them bit her neighbor...it was the cocker mix. BUT she told the police it was the pit bull. i don't know why they do this, pit bulls are naturally sweet to humans. So she did go to court to fight this, and she won. I don't know if your case will go that far. But you are right that they can't prove which dog bit, or even if the man did get bit. Just wait the 10 days, they do this to make sure the dog doesn't have rabies, and hopefully you will have him back after that. I am so sorry to hear this, i know pit bulls are wonderful dogs, and very sweet natured, but a lot of people blame them for things they didn't do, just because of their breed.

i want to add something, someone said if you were to guess who bit, a pit bull or golden retriever, most people would pick the pit. Well, unfortunately he is right, and obviously this is that the animal control assumed. But i work at a vet clinic, and have volunteered at an animal shelter, of all the dogs i've met, pit bulls are THE most friendly dog, never been bit by one. Of all the dogs i've been bitten by, a golden retriever did the MOST damage, leaving scars on my face. I hate stereotypes, either of those strays could have bit that man.

Answer 3

Once your dog is picked up by Animal Control it's THEIR call. They have the right to hold your dog in quarantine for 10 days even on nothing more than a "suspicion" of biting to ensure, for community safety, that it's not rabid.

Once your dog is "out of your control" it falls under their jurisdiction. The only place your dog is "safe" from being picked up by Animal Control is when it's properly confined on your property.

To help yourself out in the legal arena, though, we suggest you get an independent person (like a vet or kennel worker) to do the measuring of the teeth ad the measuring of the "bite" victim's wounds to see if they match. This will have to be done SOON, because the victims bites/scratches will heal. Also find out if the victim ever sought medical attention.

Get a copy of the police report and any supporting documentation.

If you truly believe your dog was not at fault, do NOT offer to pay medical fees for the victim; that "implies culpability" (meaning, it suggests that you're feeling guilty and are trying to compensate the victim).

If the victim sues you for medical expenses, let him. If he files the suit, HE will have to prove that it is "more probable than not" that your dog did the biting... and without a witness, he can't do that because he's admitted there was more than one dog there that was the same coloration as your dog, and wasn't even sure if he was bitten or scratched.

Further, Animal Control and the courts are going to want to know what you've done since the time your animal was confiscated to make sure your dog doesn't get out again. Document everything: how you will better confine your dog in the house when you're not home (like buying a crate for it), how you will contain the dog on your property (like fencing, tehering, etc.) When Animal Control sees, by your evidence, that you're doing everything you can to "minimize" the probability of this happening again, they'll be more likely to release your dog to you (and maybe even wave any fines). This will also help you if you have to court over this incident.

Answer 4

see usually, with dogs it's two strikes and you're out - he's been accused of attacking two people, therefore he can be condemned as a dangerous dog and euthanised. Unfortunately, due to the fact he's a pit bull, if he's taken by animal control and declared a dangerous dog - he will most likely, be eunthanised. This situation has occurred before - have you ever heard of Lennoxs Story? It was a similar situation to yours - he was taken from his family simply because they didn't like the way he looked. He was then declared a dangerous dog even though he had NEVER bitten or attacks anything or anyone. his family fought months in court to try and free Lennox but where unsuccessful, and at the hands of belfast city council, Lennox was killed. Unfortunetly, due to the fact you have no proof that he has never attacked anyone - the chances of a good outcome, are very slim. the tests are done by these so called "animal behaviourists" - they study the dogs behaviour to determine whether or not the dog is a threat to the public. But, don't get your hopes up. These so called "animal behaviourists" know nothing, Lennox was tested by a k-9 handler and failed - heck the dogtrainer Victoria (from its me or the dog) even fought for Lennox confirming that he was no thret tothe public - but, instead of listening to a qualified dog behaviourist, the council listened to the bullsh*t from the k-9 police handler. If you have no proof that your dogs didn't bite anybody - the chances of a good outcome are slim. I hope to God, for both your and the dogs sake he passes the test. I wish you all the best.

Answer 5

Don't be quick to say that your dog was falsely accused -- it sounds very possible that he's the one that bit him. Even if he hasn't shown aggression before, it's extremely easy for a dog with a high prey drive (like a pit bull terrier) to get excited while chasing something and bite. It could have been a bite to bring down the "prey", or it could have been a simple herding bite. But considering that your dog is a terrier and has been bred with a high prey drive, it's very possible that he joined in with the other dogs and just got excited with the thrill of the chase. This is a common cause for biting.

But whether your dog bit him or not, those other two strays should have been taken in. Strays shouldn't be allowed loose on the streets. They should be taken in to an animal shelter where they can have a chance to find a home, if they're not aggressive.

Answer 6

Unfortunately there is no way to prove your dog didn't do it. I would fight the ticket, if your dog ever gets loose again and does bite someone they will see a prior accident and your fine will get higher or they may take dog away and euthanize it. They really should have tried to catch the stray if rabies was the reason for the quarantine. Pit bulls have a bad reputation but in my opinion it's all about how they are raised. I'm sure you are a good loving pet owner.
Good Luck.

Answer 7

find out what you can about the insodent and see if it looks like a bite or a scratch mark, most likely if the person was bitten then they would have take them to the hospital to check and have pictures of it. unfortunatly pitbulls do have a bad rap for being mean dogs, but there are a lot worse ones out there that people dont even consider, and they dont even get half the bad pr that pitbulls do. personally i would talk to the cop and ask what actions the guy took right after the supposed bite happened, and if he didn't take any action ask a few questions as to why not and pollitley ask to see the scar and see for yourself if it looks like a bite or a scratch.

Answer 8

Breed type doesn't matter here. So the anti Pitt people need to get off it...
It wouldn't matter how many brown and white dogs were playing "chase." If your dog left your property you are liable for anything the bike rider wants to pin on your dog.
Your dog is now labeled with a record stating a dog bite. When you get him back make sure he never leaves your property again.
The bike rider can press charges against you the dog owner and will likely win.

Answer 9

I understand your defensiveness of your dog. Witters is stereotyping the behavior of your dog. I have come in contact with many pits who are very family friendly. I am sorry about your situation; it's an unfortunate one. Having said that, this would be a very hard case to fight unless there are other witnesses of the event. Otherwise, it is his word against yours. Now you will just have to keep a tight leash (no pun intended) on your dog. In many states, a second offense can lead the dog being put down. Good luck!

Answer 10

yes they can pick up your dog because it was loose and after the time at the dog pound. you should be able to take him home. there should not be any more trouble if the person can not prove that the dog bit him or scratched him. i would make sure that you dog does not get out on his own again. i have handled mor nasty sch. poodles and other breeds that like to bite and chase people. just be careful from now on. do not do what the one person said to do the breed is not more mean that dobies or rotts. or some boxers.