[brosati]

Last week I opened my garage door. Unfortunately at that very moment, two young ladies walking their dogs just happened to be crossing in front of my driveway.

Before I could stop them, my two labs ran out to greet the other (smaller) dogs. The ladies were very startled, picked up their dogs, and one of them started kicking at my dogs. As soon as the garage door finished opening, I saw what was happening and called my dogs. The ladies began shouting at me because my dogs were not on a leash. I told them that I was sorry….”my dogs are very friendly and just wanted to play” (they are accustomed to playing with other dogs at the dog park). One of the ladies kept insisting that I either put my dogs back in the house or on a leash and that if I didn’t do it immediately, she would call the police.

I told her that since my dogs were in their own yard and under my control there was no need for me to put them in the house or on a leash. This infuriated the lady. She yelled at me for a few more minutes, and then she and the other lady continued on their way.

The next day an animal control officer knocked on my door. He wanted me to bring the dogs outside so that he could take their picture. I asked him why. He said that a complaint had been filed against me; that one of the ladies claimed that her dog had a puncture wound caused by one of my dogs, and that she wanted to press charges against me. He then asked to see my dogs' Rabies Certificates. I told him I would have to look for the certificates, but that they did have their rabies tags on their collars.

He said that I did not have to give him the certificates, but make sure I have them when I show up at court.

He also said that since he did not see the incident, his job was to report it to the DA's office and the District Attorney would make the decision as to whether or not the case would be worth prosecuting. He said that I would be getting a letter from the District Attorney’s office advising me as to whether or not and when I would have to report to court.

Has anyone had a similar experience? Should I hire an attorney?

[guinnessjim]

Originally Posted by brosati

Last week I opened my garage door. Unfortunately at that very moment, two young ladies walking their dogs just happened to be crossing in front of my driveway.

Before I could stop them, my two labs ran out to greet the other (smaller) dogs. The ladies were very startled, picked up their dogs, and one of them started kicking at my dogs. As soon as the garage door finished opening, I saw what was happening and called my dogs. The ladies began shouting at me because my dogs were not on a leash. I told them that I was sorry….”my dogs are very friendly and just wanted to play” (they are accustomed to playing with other dogs at the dog park). One of the ladies kept insisting that I either put my dogs back in the house or on a leash and that if I didn’t do it immediately, she would call the police.

I told her that since my dogs were in their own yard and under my control there was no need for me to put them in the house or on a leash. This infuriated the lady. She yelled at me for a few more minutes, and then she and the other lady continued on their way.

The next day an animal control officer knocked on my door. He wanted me to bring the dogs outside so that he could take their picture. I asked him why. He said that a complaint had been filed against me; that one of the ladies claimed that her dog had a puncture wound caused by one of my dogs, and that she wanted to press charges against me. He then asked to see my dogs' Rabies Certificates. I told him I would have to look for the certificates, but that they did have their rabies tags on their collars.

He said that I did not have to give him the certificates, but make sure I have them when I show up at court.

He also said that since he did not see the incident, his job was to report it to the DA's office and the District Attorney would make the decision as to whether or not the case would be worth prosecuting. He said that I would be getting a letter from the District Attorney’s office advising me as to whether or not and when I would have to report to court.

Has anyone had a similar experience? Should I hire an attorney?

that sux man. did you see if there was any actual injury to her dogs? i have been told by several people over the years (all big dog owners) that if anything ever happens involving their dogs, they always try to inspect the other dog or at the very least ask the other person to (and always try to even the odds by having another person look also...impartial viewer if possible). they want to avoid exactly what happened to you (the surprise charges).

i'd like to say you have nothing to worry about, but i don't know what they would consider worth prosecuting. my guess is that if you didn't see any apparent injury, and the lady wasn't freaking out on the spot about her dog, that whatever the supposed injury was, it would be too minor to warrant charges. the fact that you have labs should help (or more to the point the fact that you don't have any of the so-called "aggressive" breeds).

it pbby wouldn't hurt to contact an atty and get a free consult...just to see. i wouldn't retain anyone until you see a threatening letter, though.

and hope the lady isn't a neighbor! if she was witchy enuf to file a complaint, she might be thorn in your side every time she she's your dogs off-leash.

good luck, and please keep us posted as to what happens...i also have to big dogs who like to play (both around 100lbs).

[dynimagelv]

too bad the dawgs didnt eat the women......oops....did I say that???????????

of ALLLL the dawgs I have ever known.....I would trust a lab the most to NOT bite......

[Bennysmom]

I think under the circumstances I would contact an attorney for advice.

I know a very good one here who also understands dogs very well and owns many of them. She has been heavily involved in our local dog clubs.
If it were me, she is who I would contact.

Feel free to PM me if you want her information.

[johnrex62]

Is there a leash law in your area? If so, you may be guilty even if your dogs did not bite. You may have to prove their innocence instead of the lady proving their guilt.

A shame you don't have any witness to testify the dogs did not fight or bite and that this was in spite of the woman kicking them. I am pretty sure that her companion will be willing to testify that they did, so your witness could create enough doubt that the lady would have to prove the damages to her dog were caused by yours by more than just their say so.

[cjski21]

Originally Posted by dynimagelv

too bad the dawgs didnt eat the women......oops....did I say that???????????

of ALLLL the dawgs I have ever known.....I would trust a lab the most to NOT bite......

I'm sorry about this. I have been around Labs my whole life (my parents are breeders) and I have never known one to be aggressive in any way whatsoever. They just get excited at the posibility of playing and can seem over-eager. I wish you the best however, and keep us posted because I too have a Lab and could see this happening with one of the rat dogs in my neighborhood and the high strung women who walk them or carry them in their purses.

[Bennysmom]

There is a leash law here. It does help if the dogs did not step one foot off their own property, and if that is the case, then the women were on the OP's property. But, regardless, if the lady says her little dog got a bite wound from the other dog, it is time to consult an attny, to err on the safe side.
I have 5 dogs, so I understand how the OP must be feeling right now.

Let me know if you want that attnys name and number.

[brosati]

I can't imagine that either one of my labs would hurt another dog, but I do realize that dogs can act unexpectedly at times.

I did not see my labs make any contact with the woman's dog, but again, I did not see everything because my view was blocked by the garage door slowly opening.

The animal control officer told me that the woman wanted to press charges because she told me to put the dogs back in the house or on a leash and I refused to do so.

If I had to do it over again, I would have done what she asked, but I was upset when I saw her kicking my dogs and did not want to give her the upper hand.

This all happened in my driveway right in front of my house. I don't know if the sidewalk in front of the house is considered to be my property, but other than that, my dogs never left my yard.

Even if it doesn't go to court, I would most certainly want to pay any Vet bill she may have received if in fact one of my dogs in any way injured her dog.

I asked the officer for her name, phone/number and/or address, but he wouldn't give me that information.

[Bennysmom]

The sidewalk in front of the house is normally not considered your property. I wouldn't worry too much at this point. Don't try and contact her, even if you see her down the street, until you speak to the attny first. That way, you are doing everything right, and no heated moments can arise from any confrontations.

At this point, if this is the first time someone has claimed a bite from your dog, that is a plus. Also, if your dog really did bite the dog bad enough for vet care, You would of heard the dog screaming, and the lady.
It is probably all fabricated in this ladies mind, just because she is one that wants to start trouble. It seems the ones with the little tiny dogs are always trying to get our big dogs in trouble.

[guinnessjim]

not to raise a new topic for argument, but the perception of labs as all gentle is only valid in that they are less likely to bite as a whole. but the fact that there are so many people w/ labs, the small percentage of aggressive ones manifests itself as a larger total number. i worked at an animal emergency clinic for a year, and i saw an equal number of aggressive labs/retrievers as i saw aggressive pits/rots/Gsheps (the most likely to bite us were obviously the terriers, followed closely by the cocker spaniels). my cousin has permanent scars on his forehead from an attack by a big yellow lab.

i have seen two big dog fights at dog parks (seen plenty of scuffles, but only two legit fights), and both were caused by labs (one black, one chocolate). they went after a pit and a bulldog, respectively. in the case of the pit, the lab ran from a good twenty yards away and bit the pit on the head/face. the lab's owner didn't even make an attempt to call off her dog or get over there to help (she actually had the nerve to yell at the pit owner to get his dog off hers...a hard proposition as her dog was still trying to bite the pit) it think the problem stems from people just assuming that the lab will do no harm and therefore they don't expect the predictable result when their lab gets itself into a pissing match w/ a more powerful, and less forgiving dog. in both fights, it appeared to be an un-neutered male dog attempting to assert dominance over another male dog (the pit was fixed, don't know about the bulldog).

now, don't get me wrong...i like labs and retrievers...they are great dogs (i had one as a kid). but i doesn't mean there aren't a few bad apples mixed in (esp. if the owner doesn't take the time to socialize and train their dogs).

**and bro - not saying your dogs were in any way at fault...sounds more like a case of someone (the woman) who doesn't understand that dogs are dogs and pbby views her little precious as her 'baby'. i have no respect for her sneaky tactic of filing a complaint behind your back w/o talking to you like an adult.