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Some of you are sadly informed....in my county, you cannot be represented by an attorney, UNLESS you're appealing the ruling. Small claims/civil cases are informal and often not even heard by an actual judge.
You are WRONG!!!!!! You can be represented by your own attorney IF YOU demand it. But if you just go ahead and accept the case being heard in Small Claims Court, you're the one giving up your right. If you want your attorney to represent you, they need to file a motion to transfer the case to Superior Court so you can exercise your state constitutional right to legal representation. But if you want the plaintiff to tell you what to do, go right ahead!
Quote:
Originally Posted by diabebees
Our dog has not been deemed dangerous, nor was it even an subject to discuss, according to the AC officer and the rest of the council at our hearing.
State law allows the local Animal Control or proper AHJ over these matters to hold their own hearings to determine these issues. But if you read the statutes, you will notice that it never takes away the right of a civil or criminal court Judge to declare a dog dangerous or vicious based on the evidence presented to them. Just because the standard and preferred practice is to let the designated AHJ hear these cases, a smart and savvy victim would file for Superior Court action and that would trump anything Animal Control decided.
However, since you’re an attorney, who passed the Bar, you should know what you’re talking about.
Quote:
Originally Posted by diabebees
Since this issue is going to court, I am asking the moderator to remove this thread. Thank you to everyone who responded.
That’s a cop-out isn’t it? That just reinforces my belief you were only fishing for one sided answers (those that only supported your view)
But wait, how is this going to court if as you claimed, it’s already decided by Animal Control. So, am I to understand that the Animal Control hearing wasn't the final word, or what is it????
Let me start by saying we own two huskies both neutered, both vaccinated, and we try to keep them in a secure environment as they are known runners. We've never known them to be aggressive and they have never bit anyone, although they love to hunt our gophers and chase stray cats who peruse through our backyard.
Our rowdy husky broke the fence on saturday and got loose while we were grocery shopping. We came home and a neighbor told us or dogs were out. As we drove looking for them, (fearing only they might have been hurt by the busy highway that's close by) we had a person come screaming at us that our dog "attacked" his chihuahua (who was on a leash and in their yard no less)and was bleeding profusing and they they were taking her to an emergency animal hospital and that we would have to pay the vet bills. We assured him that after we had a chance to calm down(as we were still trying to catch our dogs), we could see about helping him out. Well he bugged and bugged all day telling us we had to pay him right then and there! When we finally realized where he lived, we realized that we've had multiple issues with their little chihuahua always unleashed in the streets, in our yard, and being snappy at my kids when we first moved in and used to takes walks in that direction, after a few run ins with their dog, we stopped walking in that area. We didn't feel comfortable just handing him 1500$ and "taking his word for it" especially when we hadnt gathered all the facts yet! He harassed us three times demanding payment and even threatened us! The next day we talked to three neighbors who told us that the dog was not leashed and that theyve also had issues with that chihuahua being aggressive. The owner of the injured dog told us that he witnessed the whole thing and it was in fact our dog who was the aggressor, which was shocking because even though he can be pretty curious and excited he's never been aggressive with another dog. When animal control followed up the following Monday, the officer confirmed that the little chihuahua was not in fact leashed, and that the only person who saw what happened was their young daughter(unsure of age), not the owner and that it was the officer's impression, it was likely that the chihuahua has little dog syndrome and could possibly had made the first lunge. She said the chihuahua was in their yard and informed us that since neither dog was leashed they pretty much canceled each other out. She also informed us that they had to take our husky and hold him until our backyard was secure, and because he allegedly killed a cat in the cat's own yard.
a few days later, the owner of the chihuahua came to bring me the bill. I told her why we did not feel responsible and she said they'd be taking me to court. do they have a legitimate case?
Yes. Your dog, who is 100% under your care and control, was running loose while you were out shopping. A faulty or weakened fence cannot be blamed; the neighbour's chihuahua's actions, even if he did lunge first, cannot be blamed. Suggesting that the little dog probably suffers from 'little dog syndrome' has no bearing on the facts. The responsibility lies in the fact that your husky was loose, entered someone's property, and has now been accused of an attack on another dog, as well as an accusation of killing a cat. Bottom line is, you are responsible for your dog's actions.
If this were my dog, my main concerns would be (a) that he may have attacked another dog, and that the injuries may have been serious; (b) (even more concerning) that he may have killed a cat; (c) that he was able to escape from the yard while left unattended. I'd also be highly concerned that taking this to court could possibly result in the judge ordering that the dog be euthanized.
From what I've been reading in the thread, it seems like the main concerns expressed have been more about absolving all blame, and not stepping up to claim responsibility. That's what I find disturbing.
And it's also a good example of why dogs should never be left unattended in a yard, and the serious consequences that can happen when they are.
Yes. Your dog, who is 100% under your care and control, was running loose while you were out shopping. A faulty or weakened fence cannot be blamed; the neighbour's chihuahua's actions, even if he did lunge first, cannot be blamed. Suggesting that the little dog probably suffers from 'little dog syndrome' has no bearing on the facts. The responsibility lies in the fact that your husky was loose, entered someone's property, and has now been accused of an attack on another dog, as well as an accusation of killing a cat. Bottom line is, you are responsible for your dog's actions.
If this were my dog, my main concerns would be (a) that he may have attacked another dog, and that the injuries may have been serious; (b) (even more concerning) that he may have killed a cat; (c) that he was able to escape from the yard while left unattended. I'd also be highly concerned that taking this to court could possibly result in the judge ordering that the dog be euthanized.
From what I've been reading in the thread, it seems like the main concerns expressed have been more about absolving all blame, and not stepping up to claim responsibility. That's what I find disturbing.
And it's also a good example of why dogs should never be left unattended in a yard, and the serious consequences that can happen when they are.
You have no idea what you're talking about. You're also contradicting yourself. Both the Husky AND the Chihuahua were loose. The fact that the Chihuahua was supposedly in his front yard makes no difference. The Chihuahua was not leashed or behind a fence either. Thus, the Chihuahua was not under its owner's control. The Husky's owner bears at most 50% pf the responsibility of the vet bills.
Whether the Husky killed a cat doesn't matter either. Many cat owners believe that they aren't at fault if dogs who are in their fenced yards injure unrestrained cats. That's not true. Cats are TRESPASSERS on a dog's property. A cat owner, in that instance, would have no case.
You are WRONG!!!!!! You can be represented by your own attorney IF YOU demand it. But if you just go ahead and accept the case being heard in Small Claims Court, you're the one giving up your right. If you want your attorney to represent you, they need to file a motion to transfer the case to Superior Court so you can exercise your state constitutional right to legal representation. But if you want the plaintiff to tell you what to do, go right ahead!
State law allows the local Animal Control or proper AHJ over these matters to hold their own hearings to determine these issues. But if you read the statutes, you will notice that it never takes away the right of a civil or criminal court Judge to declare a dog dangerous or vicious based on the evidence presented to them. Just because the standard and preferred practice is to let the designated AHJ hear these cases, a smart and savvy victim would file for Superior Court action and that would trump anything Animal Control decided.
However, since you’re an attorney, who passed the Bar, you should know what you’re talking about.
That’s a cop-out isn’t it? That just reinforces my belief you were only fishing for one sided answers (those that only supported your view)
But wait, how is this going to court if as you claimed, it’s already decided by Animal Control. So, am I to understand that the Animal Control hearing wasn't the final word, or what is it????
Once the case is transferred.....it is no longer in small claims.....you go on the appropriate docket.
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