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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?
You left your dogs unattended outside with inadequate security. One or both injured another dog. Your dogs should have been inside or possibly in a very secure yard. It's your fault ; pay the people and apologize to them. Their dog was the victim.
You and your dogs are very lucky that she didn't call the police. The court will order you to pay damages.
They were secured. Animal Control said there was really nothing we could do, and it most likely from all the rain we just received that softened the wood. There wasn't anything we could've changed.
Also, based on California's laws, an opposite party would have to prove negligence on our part. Which would include Knowingly letting our dogs out without a leash. In fact, you've just helped me to prove that there was negligence on their part! thanks!
I would contact the vet who treated the chihuahua. Get the details on the injuries and treatment, especially if you are being asked to pay the bill. The vet may also have some insight into previous issues with your neighbor's dog although may not tell you. I would also explain the situation to see if the bill is at all negotiable. If you don't feel like dealing with this you can turn a claim into your homeowner's insurance carrier. It is considered a liability claim under your policy. Personally for such a nominal amount I would not turn it in but they will take over the "fight" for you if that is the route you want to go.
Thanks Winter01! unfortunately, we are not homeowners, but renters and they do not cover siberian huskies. Also, I tried calling the Vet, they would not release any info whatsoever.
what about the word of the animal control officer who followed up and confirmed? can you get a copy of the officers official report?
Yeah that was my take as well Seems the other owner is a total A-hole , don't let him get away with it. He lied about the dog fight, you have the animal control officer saying there was equal blame, and given history there is a very good chance his dog started the altercation. You put your dogs in a fenced yard and they broke loose. He allows his dog to run free. Big difference.
If it does go to court ask your neighbors who have had issues with his dog testify.
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