Got a dog situation

[Tobra]

People next door have two pups, Siberian Huskies, or something similar. This morning, my wife is uncharacteristically up at 0730, and needs help getting one of the pups that had dug under the fencebetween the properties into our yard. I was just returning from walking our younger dog, I put her in the house, and we put the pup back into the yard, leaving a note on their front door to let them know.

This afternoon, about 1600, the guy next door sees my wife preparing take our older dog in to the vet. He rolls down his window and tells her the pup had been in our yard playing with our dog, and that he was going to fix the fence. He then drove off. My wife put the younger dog in the yard, and took the older one to the vet. Around 1900, after we had been back from the vet for perhaps an hour, there is somebody pounding at the front door, this guy and gal, brother-in-law of the neighbor or something, are there. I step out on the porch, and they are telling me our younger dog drug their puppy into our yard and mauled him around 1730, breaking both the pup's back legs in the process, to the estimated tune of $3-5K. The tale told to me third hand is that the wife from next door sees the pup going under the fence, grabs him by the tail, and my dog pulled the pup through. She lets go due to fears that she will pull the tail off, goes around to the front fence, which is wrought iron and reaches through to try and seperate the fighting dogs, getting bitten on the hand in the process. There is a "Beware of Dog" sign perhaps 3 feet from where she reached through. She calls for some assistance, and someone(guy who came and spoke to me later?) helps her get the dog back, maybe by jumping the fence, this is unclear, as is how the guy who told my wife at 1600 the pup had been in our yard playing with our dog earlier, had gotten the dog back into their yard. The wife went to Med 7 to get treatment for the dog bite.

Curious to see how this will all play out. Wish me luck

[onlycafe]

lawyer up now, just in case. good luck with this.

[JavaBrewer]

+1 Lawyer.

[Dueller]

Weird on so many levels. FWIW the measure of damages in dog injury/death cases is usually the value of the dog...not heroic veterinary intervention. This odes not include compensation for emotional damages to owner....just whatever replacement value is. As far as the dog bite injuries to neighbor, the maxim under the law is "The first bite's free" ; i.e., if the dog has never bitten someone before then you can't be held liable. Not so if there has been a prior bite...you're on notice. If the dog has not demonstrated viscious tendencies before, you aren't usually liable. There are some exceptions in some jurisdictions on breeds that are "known" to be viscious (e.g. pit pulls, dobermans, etc). The sign may be both a plus and a minus; i.e., you knew of viscious tendencies but you gave sufficient warnings. Then again you're in the land of fruits and nuts so who knows what the law is.

Let us know how this canine drama unfolds.

Weird.

Oh yeah...go out tomorrow a.m. and take pics of where their dog dug thru....AT DAYBREAK...don't hesitate.

[MOMO3.2]

Tobra:

I am sorry to hear about the trouble.

I would imagine that if the neighbor's dog dug the hole under the fence and if your dog was on your property, you would not be held liable for any of the injuries to pets or people.

A neighbor of mine had the EXACT same scenario with his neighbor. His neighbor (a single lady lawyer) was thrilled that her pup had dug under the fence to play with his rottweiler(sp?).

Anyway, that evening the lawyer ladies cat was in the neighbor's back yard and the rottweiler gave chase. He went under the fence. The cat ran into the lawyer ladies open back door. The rottweiler followed. The rott got a hold of the cat and started to shred it in the house. The lawyer lady grabbed her cat from the rott's mouth. The cat was DEAD. The rott scratched the lady lawyer's arm with his paw and NEVER tried to bite her. He NEVER got aggressive toward her. The rott owner apologized and asked if she wanted to have a Dr. look at her scratch. He paid the ER bill and checked to make sure the woman was alright.

Well, this woman (LAWYER) was so traumatized, she could not work for a year. She had to sell her house because she could not sleep. She sued the hell out of the rott owner and things have not settled as far as I know.

The thing that really stinks is her dog dug the hole that morning. She knew and thought it was "cute". Her cat really started the trouble by being in the rott owner's back yard. And, who would have ever guessed she would file a lawsuit...

Mike

[Dueller]

Also...pull out your homeowner's policy to see if you have coverage for dog bites...not so much for damages but if there is coverage they will be obligated to defend you...translation : INSURANCE company provides you a lawyer. Put your HO carrier on notice immediately.

[Tobra]

First person I called was an attorney, actually the beware of dog sign was idea of attorney. I took photos immediately after speaking to him. Insurance agent will get a call in the AM.

My dog is limping, so I have no doubt she took a kick or two, she is guarding when you touch her L rear leg. I also noted what appears to be a small bite injury just lateral to her left eye. She gets a trip to the vet tomorrow it would seem, at least she does not seem to have any broken ribs or abdominal injuries.

Dueller, I don't know that the first bite for free thing applies in California, or that is the impression I got from the JD on the telephone.

The one on the right, she has not bitten anyone, dog or human, ever, to my knowledge.

[Dueller]

Wouldn't ya know it...cali abolished first bite free rule:

http://www.rezat.com/2009/03/dog-bite-laws-in-california-strict-liability-explained/

Beyotch was trespassing if ya ask me....

good luck

[aigel]

Boils down to who (or whose dog) made the hole in the fence. Tough situation, as both parties will claim the other made the hole.

Also, the fence generally is not owned by one party - everywhere I lived it was a common object with shared responsibility for maintenance / upkeep. This may make it hard for you to claim the neighbor should have fixed it.

I think the advice to get a lawyer is good here. This sounds like it may spin out of control quick. I still would look into mediation and to settle it out of court, unless you rent and / or plan on moving soon.

George

[Buckterrier]

I can't offer any advice Tobra but good luck with it all and I hope your wife and hound are ok. Please get us updated.

[Tobra]

Well, their dog made the hole under the fence

[Gogar]

It's the CANINE version of "robber enters house, gets shot, sues homeowner."

Good luck.

[Tishabet]

Originally Posted by Tobra

Well, their dog made the hole under the fence

Make sure that your pictures document this, i.e. take a shot showing that the dirt was piled up on their side of the fence and not yours.

Also, are you sure the bite is from your dog and not hers? I have pulled apart my share of dog fights, and a dog who would absolutely never bite a person will bite you during a fight. They either don't know who/what they are biting or are willing to bite you in order to get to the other dog.

[aigel]

Originally Posted by Tishabet

Make sure that your pictures document this, i.e. take a shot showing that the dirt was piled up on their side of the fence and not yours.

Excellent advice. I did not think it would be obvious from a picture who dug the hole but indeed - the excavated material should be on the side of the digger.

Good Luck,

George

[Tobra]

update

Wife talked to the gal in question about getting their landlord's number, turns out the landlord does not know they have two dogs, could you please not mention it to him. Further, it was her dog that bit her, not mine. They were tussling, she was yelling no, no, my dog makes eye contact with her, stops, goes and lay down on the other side of the yard. She picks up her injured dog to lift it over the wrought iron fence, her dog licks her hand, and yelps, which causes my dog to run over, startle the other dog and it bites her hand.

Her tale was stray dog bit her, when the long and short of the quarantine situation was made clear to her. This obviated the need of a conversation with the sheriff, by my bride or myself. The lady's dog is home, with a plate in each leg.

The wife and the gal had a nice chat over ciegarettes and crackstars. Found out that following a recent police action, the gal next door found a sweater, a pair of pants and a single shoe in her back yard, together with a few blunts; the match to the shoe was sitting next to my wife's truck in the driveway that morning.