okay first off expect a visit from animal control they will check your danes paperwork and have it all in order . Then they will tell you he has to be in quarantine for 10 days and yeah your homeowners insurance will probably get the dr bill for the little girl and now the homeowners will tell you that they are going up on your insurance or they are going to cancel you altogether . good luck really not your fault .
2007-05-28 07:17:13
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answer #1
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answered by Kate T. 7
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A. you did not keep the public safe, if you have a large dog tied close enough to a common fence that a little girl can reach him !
B. you did not keep your dog safe from the neighbor's kids !
C. Signs do not deter kids and yes I'd say you will be liable.
D. in the future do not get a dog before you get a proper fence and then do not leave the dog outside unless you have a very safe neighborhood and very private backyard !
Your dog could have been injured instead of the kid. If you knew the kids were touching him, you were negligent in not correcting the situation, by either keeping the dog in the house when you are gone or building a higher fence.
Intact male dogs on chains bite and sometimes kill kids. Being tied out seems kinder, but it's been proven to make dogs much more aggressive !!!
And in the end the dogs are the ones who suffer the consequences. Ask any good Dane breeder and they would be horrified that anyone would leave a Dane (esp. a young one) tied up.
As far as your HO insurance, you'll have to ask your agent. I would check your local dog bite laws as well. You did not do Great Danes any service by allowing this to happen. Dog owners are having enough troubles keeping dogs without people putting their dogs in unsafe situations.
I'm sure you love your dog, I hope everything works out and the girl is ok and unscarred mentally as well as physically.
2007-05-28 07:10:27
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answer #2
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answered by Whippet keeper 4
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Mistake # 1: having your dog tied up in the yard.
This makes dogs more aggressive and likely to show "guard" behavior.
Mistake # 2: having "Beware of Dog" signs.
This shows prior knowledge of the dog's aggression. Whether or not your dog is actually aggressive doesn't matter. These signs may mean "Please don't touch my dog" but a lawyer will argue it means "My dog has bitten before and will do it again". Private property/no trespassing signs are a better idea.
Yes the parents can sue. Yes homeowner's insurance should cover it.
Try contacting the parents and apologizing. Offer to assist in paying for any medical bills. Do not defend your dog and blame the kid even if it is her fault. Point out the measures you have taken to prevent a bite. Ask them to be mindful of where their children are and teach them to respect your property boundaries.
Good luck, hope everything works out.
2007-05-28 09:52:16
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answer #3
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answered by Lizzy P 3
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you will need to see if they will press the issue, yes the little girl did reach over the fence,, But one the dog was tied where it could reach the child, and 2 you have beware of the dog signs.. most courts see it as your responsibility to keep people away.. not the other way around.. so you are likely to be found at fault,, homeowners "may" cover it but you might find your insurance dropped afterward..
Talk with the family,, make sure to offer to cover their medical expenses.. and see if they want to sue,, if so you may want to seek legal advise..
As far as the tie out,, You might want to read this article,,
http://www.k9station.com/articles/tie.htm
tie outs can incourage agressive behavior in otherwise friendly dogs,, and that may be the reason the dog is so aggressive to people that reach over the fence..
Time to also consider some serious assistance with a dog trainer,, the facts are your dog bit someone and broke the skin,, perhaps trying to protect the yard, perhaps from fear.. but it needs to be addressed ASAP. And may be the only thing that protects you from lawsuit.. or loss of your insurance
I wish you luck,,
Amanda
2007-05-28 08:21:40
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answer #4
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answered by Amanda B 4
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Yes they can sue you. If you know the neighbors (and get along) you should try talking to them. My dog bit someone also and the fact that I had "Beware of Dog" signs up actually went AGAINST me. The attorney told me that having the sign meant that I was aware that I had an aggressive/vicious dog and shouldn't have had the animal to begin with. I'm not sure about the insurance. Also the fact that you had the dog tied up will probably not look good. Call the company and explain your situation.
2007-05-28 07:14:42
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answer #5
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answered by Arcangel 4
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Sure, people can sue you for anthing. Whether it goes through or not is up to the court. More than likely you are liable because your fence isnt big enough.
Personally, I would start kissing your neighbors butt big time. If they decide to make trouble, you dog might end up in the pound and even put to sleep.
Personally, if my kid got bit by a neighbors dog and I just happened to come on yahoo answers asking what I should do next, and I saw you call my kids "BRATTY"...the lawsuits would fly. Not too bright.
On the other side of the coin....keeping a dog tied up in the backyard is cruel. You shouldnt even have a dog if you cant take care of it properly.
2007-05-28 06:52:28
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answer #6
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answered by Anonymous
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Brat or not you are responsible for the dog, tie him away from the fence so they can not reach him from the other side. Small children can not read, yes you can be sued I can sue you if I like I can not win but I can sue. Have the dogs records to prove he has had his shots and contact your insurance company if needed to find out if they cover. Prepare for the worst and expect it then if they do not press charges you will be fine. Remember that Danes can be aggressive and train the dog to have better control as you can not count on the neighbor to do so with his child. Take responsibility for your pets behavior and step up to the plate with this. It is your fault that your dog bit someone.
2007-05-28 06:59:34
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answer #7
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answered by Peggy C 2
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Your insurance should cover it if a claim goes through, but your dog was restrained on your private property with adequate warning. I do not think they have a case against you. You should consider getting the advice of a lawyer, you don't want a record against your dog or an insurance claim going through if you're not in the wrong. Your neighbor trespassed onto your private property, therefore, she was not under protection of any leash law or anything else. It's not even illegal to own an aggressive dog (not that it sounds like yours is), if you keep it properly contained.
I suggest you make photocopies of the current rabies vaccination records and present it to your neighbor. Inform that that you are sorry for the mishap, but their daughter was at fault and since your dog was contained and vaccinated, you plan to fight any civil suits they may bring against you. If you don't act scared or apologetic they won't think they can bully you and they'll probably drop it altogether. They'd probably just go for trying to get money out of you anyway instead of reporting it to the authorities, because they know they're at fault.
Good luck!! You should be fine.
EDIT: I disagree with this repeated thought that the dog should have been tied AWAY from the fence. That's what the fence is THERE for people! A dog is within his rights to walk straight up to the fence and put his nose against it! It's HIS yard! The owner is under no responsibility to tie a dog so he can't even reach his own fence.
2007-05-28 06:50:44
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answer #8
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answered by Dreamer 7
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I dont reall know how that would work. I wouldnt think they would be able to sue you, and if they did I think they would just be waisting their time. You have two beware of dog signs up and the dog was in your yard! Those kids shouldnt have been in other people yards to start with. Their parents should teach them not to pet a dog without asking the owner first.. Thats an attack waiting to happen! Mabey now the kids will learn that not every dog is nice and you cant just go around to people yards petting their dogs without asking! Wow! That would really make me mad! But anyway, like I said, no I dont think they can sue you. You should call someone and ask, like the police station or a lawyer, that way if they can you can figure out what you need to do to get ready. I hope everything works out! Good luck! : )
Oh and I just have to say.. I really hope your dog has shade that it can get to, some kind of shelter, plenty of water and plenty of room to run around. I am not trying to be mean.. lol! I just dont like to hear about dogs being out side especially by themselves and especially tied up : ( Dogs are social animals and they need to be with their "packs".. Also, it gets way too hot outside for dogs sometimes and its cruel to leave them out in the heat. They could have a heat storke and die!.. I dont think I will ever understand why people get dogs and leave them outside. In my opinion, if your just going to tie the poor thing up and leave it in the yard you should have gotten the poor thing to start with! I am sure there are ALOT of people out there that would love to give that dog a good, loving, inside home! : ( But again, I hope all works out well and good luck! : )
2007-05-28 06:57:24
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answer #9
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answered by Love-A-Bull 4
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Talk to the girl's parents first because since she leaned over the fence technically she was trespassing-I know she's a little girl-and see what they have to say. If they pursue it then call your insurance company and tell them what happened and they will advise you on what to do next. You may not be liable since you have signs posted but to save it with your neighbors you may want to offer to pay half of any medical treatment and talk to the kids about not bothering the dog. If they want to see the dog or play with it then they need to come ask and have you with them.
2007-05-28 06:50:32
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answer #10
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answered by sun_and_moon_1973 5
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