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Whose dog would be at fault in this situation?

I co-own an Australian terrier dog (purebred) with my mom but due to her busy schedule, I'm the primary caretaker of the dog. Lately, I've been walking the dog around the neighborhood and there's this one house that has what sounds like a chihuahua (or a very small dog - I never saw the dog, but can tell from the bark that it's a small dog) who barks very aggressively at my dog (through its fence or from inside the house) whenever I walk my dog past. I was wondering: if this other dog got out and attacked my dog and my dog attacked the other dog right back (maiming and/or killing it), which dog would be blamed for the fight? My dog is usually very friendly toward other dogs, unless it is attacked. However, I was wondering: if this did happen and both the other dog and my dog had injuries, which dog would they want destroyed (if any of the 2?) If this happens, can I legally say that the other person had a "dangerous dog", despite it being a small breed? What charges (if any) could I legally file against the owner of the other dog, should this other dog escape its yard and attack my dog? Is there any counter charges that the other dog's owner could file against me and my dog in this situation?

Update:

Unfortunately, the way the neighborhood is set up, one cannot avoid walking past this one house. Also, I'm not looking for a fight and I do not hate this other dog. I walk my dog on the sidewalk, away from people's fences. Not looking to make my dog fight, either

8 Answers

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  • ?
    Lv 7
    8 years ago
    Favorite Answer

    If the neighbor's dog is on its own property and your dog goes onto that neighbor's property and they get into a fight YOU are responsible, not the property owner.

    Walk more into the street and keep your dog on a short leash when passing that neighbor's dog. Because if yours purposely goes over to a dog that is behind a fence or gate then YOU will be at fault for the dog fight.

    If the neighbors dog gets loose and runs into the street or sidewalk and attacks you or your dog then that neighbor/dog owner would be at fault.

  • 8 years ago

    The dog that isn't under control is at fault--so a dog that escapes its yard would be the bad one. When two dogs fight, they probably won't put one of them down. You could try to sue for vet bills.

    Often when two dogs get into a scrap, each side just pays their own costs or they split both bills because it really wasn't anyone's fault. Dogs fight. They communicate wordlessly. I've seen two dogs messing with each other (not really fighting), and it seemed the humans watching it happen had very different opinions on who started it. It's usually best to settle things with the other owner--lawsuits are difficult if it isn't clear that one side was totally right and the other side was totally wrong--if both owners were wrong but you think the other was wrong-er, you may not win in court.

  • 8 years ago

    You must be hoping to kill this dog if you are so obsessed about getting out of it before anything has even happened. Killing it and then saying it was a dog fight.

    Walk your dog away from that fence. Grow up or get a therapist to deal with your emotional issues.

    ------------

    So there's not two sides to the street? You HAVE to walk right up against their fence? Change to the other side of the street. You are making excuses because you are lazy!

  • 8 years ago

    As long as you have your dog under control and on a leash, the unleashed dog would be in the wrong. Why are you looking for trouble? Just avoid this one house. Regardless of the legal ramifications, you wouldn't want either dog injured. Right?

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  • 8 years ago

    No dog can be "at fault" for anything. Only a dog OWNER can be at fault. If your dog is injured by someone else's dog, or is caused to be destroyed, you can sue them. You can also use reasonable force to protect your dog from others, if necessary, depending upon state and local rules.

  • Anonymous
    5 years ago

    uncertain who bit the female, so the two canines could desire to be quarantined. i'm confident a physician ought to confirm which canines bit her, because of the fact the gap between their fangs could be probably distinctive on a lab and a pit. If not, fang length, etc may be a clue. yet i'm guessing you already concept-approximately that and the courtroom did not care. I hate thoughtless canines vendors. i became in getting my canines's CGC some months in the past, and this bimbo is letting her lab fly up into different canines faces. I recommend, it fairly is like letting your youngster fly up into random canines's faces!! You under no circumstances be conscious of what canines could react (particularly!) and chew. before everything, the lab proprietor is accountable of negligence per se - in my view. She broke a statute (assuming this isn't a sort of "regulations" that may not on the books) via having her canines off leash. the reason at the back of the statute could be to dodge pooping everywhere, biting human beings, and battling with different canines. because of the fact she broke the regulation and the predicted harm occurred (whehter the combat or basically the chew became her fault), she could desire to be in worry. this is the reason you preserve A canines ON A LEASH - i don't care in the experience that your 'applicable freakin canines' comes returned while called, i don't care if he 'loves all and sundry' - it fairly is not uncomplicated to everybody else that has to navigate around pookikens. Soooo... to respond to your question greater quickly: If the pit "began" the combat via in the present day lashing out unreasonably, then i assume the combat is the pits fault. although, if the lab smashed into your canines, consequently putting it on part, and while your pit desperate to assert "hi not cool" via growling and the UNLEASHED lab persevered to annoy him... I call Lab proprietor at fault. good success with this :(

  • 8 years ago

    In this case it's better if you could walk your dog in the opposite direction from the house or else your dog would get Hurt.i would not like getting my dog hurt and there is a chance you can get hurt too.

  • Anonymous
    8 years ago

    The dog that got out of his yard. Its the owners responsibility to keep track of their animal.

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