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if your dogs entered the small dogs property then YOU are at fault, your leash dogs were not under full control and entered private property...
if however it happened on the sidewalk its 50/50 you for not controlling your dog, and them for not keeping their dog confined to their yard.
With all due respect...
I believe that you have it all under control prior to this post. What is expressed in this response is NOT the "law" in any jurisdiction that I am familiar with, as an attorney who deals with these issues on a daily basis.
I have no idea where foxywench has gotten her "facts" regarding liability. But, no, the liability is not necessarily 50/50 in this case.
There are quite a few issues going on in this case, and I would suggest consulting with an attorney in your area about this.
if my dog gets out of my control runs onto someones property and attacks their pet, child ect, then its MY fault..
if someones dog comes running out of a persons yard and attacks me that's the dog owners fault for not properly controlling their dog...
if their dog got out AND my dog bit it, then were both at fault...
I didn't say it was law, as far as I could tell in terms of the post the op was dealing with this WITHOUT getting law involved and was just asking OPINIONS on the right thing to do...
however where the bite took place is in question...the op mentions the little dogs yard and the edge of the lawn...that all makes a huge difference in the situation...
Just to answer a previous question; we were walking on the sidewalk and the min-pin charged at us (while on his leash) which caused a reaction from my dogs. My dogs chased the min-pin back into his yard and that's where the bite took place.
Thank goodness there was no need for attorneys or animal control or even the police. Both the owner of the min-pin and I were able to address this situation very calm and respectful. My husband and I did pay for the veterinary bill however, the min-pin owner only accepted half. The owner took half of the responsibility because he felt that he could have prevented this incident just as much as I could have. You see, the min-pin owner saw me and my dogs approaching before the incident took place. My view was blocked and did not see the min-pin in the yard until we came around a parked truck which by then was too late.
As I stated before in response to earlier guidance; I do recognize that I did not have 'control' of my dogs even though they were leashed. I wasn't able to restrain them properly and quickly, something that I will definetly focus on moving forward.
I think that you (OP) and the owner of the min pin handled this situation with maturity and thoughtfulness. If only all people could behave in this manner. I'm glad things ended in a positive way.
I agree, and that's what I meant by 50/50...
it doesn't realy matter what happened in the eyes of the law unless one of you planned to take it that far...
in terms of PERSONAL responsibility, and im realy glad you got it figured out without it having to go further!
Moving forward, I do recognize that I was unable to restrain both my dogs, even as well trained as I think they are. I'm 5'8" 129lbs....my two dogs are very powerful when they're protecting me. I agree that "defensive" or "preventive" walking should be practiced, which I am usually great at, especially redirecting. This incident got away from me. Lesson learned.
Thank you so much again for your feedback!! I appreciate it!!
I would invest in a few prong collars since you are so small. They will not hurt your dog, but will allow you to control them better due to your size difference.
Big-Dog-Little-Dog fights usually turn out very, very bad in a blink of an eye, before the owner can even react. Glad the little Min Pin will be ok.
Yes you're right and I'm glad you realize it. As a dog walker, I GUARANTEE YOU that you cannot "control" those two powerful breeds.
You cannot muscle a powerful dog and if they are not balanced and calm and trained then you have to get them that way. The "control" is psychological.
All of this "protecting me" and "naturally he reacted" stuff is invalid. It's an owner's way of rationalizing their relationship with their dogs.
There is NEVER any excuse for a bite especially with the size difference here. I know you feel badly and thank goodness the little dog is ok. I would suggest you muzzle both dogs if you're going to continue to walk them especially together, while you're addressing the training issues.
Also, if you had your dogs NEXT TO YOU you would have seen the dog. NEVER LET THEM WALK AHEAD of you!
That being said I HATE walking dogs in neighborhoods. Everybody has a barking, loose, dog on a rope, or some situation that makes it almost impossible to be safe. I'm used to working in high rises before where most of the dogs have to be a little well behaved and you have ways to avoid others.
If you get the prong collars get the XX HEAVY WEIGHT ones 4mm not the light weight wimpy ones.
Naturally, I apologized profusely for his injured dog. Without a doubt and to always do the right thing, as we would like in return, we are going to pay for the bill.
You're doing the right thing...and sounds like you made a friend to boot.
You're right, it is psychological. We tend to 'humanize' our dogs.
Also, I did have the dogs next to me, I'm not sure why everyone keeps doubting that. As I said, when we walked around the parked truck, that's when the min-pin "struck". I don't allow my dogs to walk ahead of me. I usually walk my dogs during "off-peak" because I agree the neighborhood is unpredictable.
I have purchased a muzzle. I'm very nervous to walk both dogs together, so for now, it's one at a time. I will definetly look into the items listed below such as the prong collar and leash.
Changing the topic a bit; my dogs need ALOT of exercise and it's hard to keep up....Does anyone own a pair of Landrollers? Thoughts? Suggestions?
Quote:
Originally Posted by runswithscissors
You cannot muscle a powerful dog and if they are not balanced and calm and trained then you have to get them that way. The "control" is psychological.
All of this "protecting me" and "naturally he reacted" stuff is invalid. It's an owner's way of rationalizing their relationship with their dogs.
Also, if you had your dogs NEXT TO YOU you would have seen the dog. NEVER LET THEM WALK AHEAD of you!
That being said I HATE walking dogs in neighborhoods. Everybody has a barking, loose, dog on a rope, or some situation that makes it almost impossible to be safe. I'm used to working in high rises before where most of the dogs have to be a little well behaved and you have ways to avoid others.
If you get the prong collars get the XX HEAVY WEIGHT ones 4mm not the light weight wimpy ones.
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