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Which pet owner would be at fault?
I live in an apartment, I own a large mutt (she's GSD mixed with a bunch of other things). I take her outside to potty every day, multiple times a day. As far as I know I have the biggest dog (there is a French mastiff here too though, but she's smaller than my dog). Most of the other dogs here are Chihuahuas and Poms. Other than the owner of the French Mastiff I am the ONLY one who walks my dog on a leash, everybody else lets their dogs just run around without supervision.
None of these small dogs are friendly towards other dogs I've noticed. If one came up and bit my dog, resulting in my dog biting it back (possibly doing major damage since the size difference) who is at fault? Me with my dog on a leash, or them for not leashing and supervising their dog?
If it helps I live in Utah County (In Utah lol)
10 Answers
- 4Her4LifeLv 77 years ago
Legal fault would be on the person breaking the law, however, if your dog kills or maims another dog, regardless of "fault" - the authorities all the way from the building manager to animal control may still consider your dog "dangerous" which could result in restrictions, eviction, or even the dog being put down EVEN IF you are not liable for things like vet bills.
- ?Lv 47 years ago
First off document with such as an action camera so there is proof they are unruly. This sets the stage for animal enforcement. Then possibly talk to animal control about visiting the aparment complex about the problem showing the video as an anonymous tip.
Now if yours is bit first he is allowed to defend him/ herself. But to prove the problem after the fact is the real problem. Advance documentation is your best defense to avoid any problems. There are absolute leash laws and you are at fault for what your animal does. Hence its a double whammy when off leash and aggressive/unruly or any term you wish.
I recommend starting with a covert action style camera and document and problems of the others aggression towards other animals as well as leash laws violation.
You start an offensive posture to avoid the defensive posture later. "The best defense is a good offense."
Then if their dog bites your or another dog for that matter you have previously documented and possibly reported it so they are the ones in trouble not a good owner like yourself.
I had an owner tell me when her Pomeranian bite my then 4 month old pup to just smack him at the dog park. It wasn't the Pomeranian I wanted to smack.
Keep in mind there are owners and there are pet parents. Treat your pet like a child and they will be better.
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- E. H. AmosLv 77 years ago
As long as your dog was on leash and did NOT pull it out of your hands, the UNLEASHED dog would be at fault. My advice: carry Mace or pepper spray, then you can spray (and ward OFF) any potential ankle-biters, before they reach your, or your dog. (Mace does no permanent damage to a dog.)
- CalypsoLv 77 years ago
I totally understand how you are feeling! My dog gets along well with other dogs once she has had a chance to meet them, however if one she does not know comes charging up to her she will snip at them, regardless of their size (my dog weighs 8 lbs). It is very frustrating when other dog owners act like my dog has an attitude problem, when my dog is leashed and their dog is not. I can stop my dog from running up to yours, but I cannot stop your unleashed dog from running up to mine! You are absolutely right to be concerned by this situation!
I agree with Sandy, it would be a good idea to report this issue to the management company. They may not do anything, but it will help protect you in the future if heaven forbid there is an incident. Perhaps you can encourage the company to send out a newsletter with the dog leash rules posted on it. Obviously many will continue to disregard the rules, however in the long run you will be covering your behind.
I do not think that you will have a liability issue in the situation that you have described. However that will not stop someone from trying to sue you (even though you are not liable), and hence causing you money and time wasted, not to mention the discomfort it would cause you in your neighborhood.
You sound like a responsible dog owner - and there sure is a shortage of those! Best of luck!!! :-)
- Anonymous7 years ago
Yup met laws are along the lines of the dog unsupervised out of control would to be blame
Unless its a pitbull when it's always their fault !!!!!! Lmao
- 7 years ago
The other owner would be at fault if your dog was on a leash and their dog wasn't. I have experienced this myself when my Boxer was attacked by a little Maltese. My dog wasn't visibly injured, but he bit back causing a couple of punctures to the face and scrape to the snout of the other dog. I didn't pay anything towards her vet bill, though.
The other dog's owner was very distraught, and wanted my dog kicked out of the apartments, but when she complained to management, they also agreed it was her fault. This particular dog and owner lived at the first unit in the complex, so it was impossible to leave the complex without passing their place. The Maltese was often off leash out front, and always challenged (and occasionally bit) several other dogs (including the manager's Chihuahua). Mine was just the first dog that struck back that was big enough to cause damage. It helped that my dog is so friendly with people and had made buddies with the manager and several other residents, so it was pretty obvious to everyone where the fault was. The other owner ended up getting a tie-out so her dog couldn't start crap anymore, and started actually walking the dog on a leash.
- 7 years ago
You would not be at fault as long as A) Your dog is on a leash B) Your dog did not do anything to make the dog want to bite your dog. But honestly, I don't think a pom dog would bite your big fella. :)