Need advice on neighbor kid and my dog

[runswithscissors]

Originally Posted by DCforever

Walk the dog somewhere else. Don't make a big deal about a 5 year old that wants to pet a dog.

The girl is outside on her bike STALKING the injured dog. Where is the family supposed to go? In the car to another neighborhood?

NOW she has to HIDE from this kid and her brother?

I think you missed THIS PART:

Earlier tonight, the girl and the boy were upset that my husband wouldn't let them pet our other dog, and called him names and kicked our garage door.

and

My husband has tried talking to the child's mother to ask her to try to make sure the girl stays away from Lady, just in case she would bite her out of pain. The mother basically told him her kid can go wherever she wants.

We wouldn't be saying it's no big deal if it were a BIG dog, right?

I think it IS a big deal and the OP, have the right to enjoy their neighborhood without having to be responsible for neighbor's kids and DEFENDING themselves from them.

The kid is FIVE. I can't believe you would let your kid do that stuff, right?

I think there is likely some type of bylaw that could even be enacted preventing her from being outside on COMMON AREAS unsupervised.

I've lived in HOAs and high rises with that bylaw.

Her family are RENTERS. The most common offenders by FAR in all HOAS and the reason they have so may problems is they have NO vested interest in the community like this OP does (even if she is a renter herself she doesn't fit the profile)

NOW that I reread the OP, about KICKING the garage door and fighting with the husband, I AGREE with calling the cops. I would specifically ask if I was permitted to SPRAY the girl with a water hose or spray bottle. Maybe THAT'LL get through but probably not LOL.

[convextech]

Originally Posted by runswithscissors

The girl is outside on her bike STALKING the injured dog.

I failed to see that.

How about walking your dog with a stick that can be conveniently "dropped" into the spokes of her moving bike's wheels? That's how my little brother took care of a bully that used to follow him around on his bike. That kid hit the pavement with no forewarning and he never messed with him again.

[Regina14]

I would caution the OP against any physical action that could harm the child, as annoying as she is; since I believe that the OP could get in serious trouble for even brandishing a stick in the kid's direction, not to mention dropping it in the spokes of her bike and causing her to fall, regardless of the danger to the dog.

[Sculptor]

Originally Posted by harrisce4

Honestly, it sounds like the little brats deserved to get bit Let nature take its course. I'm not sure they can sue if it is on your property, can they? Just say the kids were trespassing and weren't welcome on your property to begin with and the dogs were just protecting their territory (which you already warned the parents on a separate occasion in which they chose to ignore).

That would be the worst advice ever, the owners would get sued so fast it would make their heads spin, you can guarantee a nip of any kind will be blown up by a contingency fee lawyer as a "vicious attack" that left the little tyke unable to feel her fingers and with psychological trauma, your home insurance company would pay out a chunk of money to avoid the neg publicity and a trial cost- cheaper for them to pay out $5,000 or $10,000 than go to court.
Then you'd be dropped or your insurance will shoot up.

The fact the dog acted like she MIGHT bite 3 times already is a red flag, it only takes ONE accident, ONE misunderstanding and you have a lawsuit, it will not matter if you are on your property or not, whether the kid is trespassing or not- a 5 year old is not held legally accountable or liable- YOU the dog owner will be 100% responsible.

True story from DOGworld magazine- a nurse had a lovely Cocker Spaniel or Springer Spaniel, the dog loved kids and would play with the neighborhood kids, then one day one of the kids got a very minor scratch injury from the dog's toenails, the parents reported it to the health dept in case of rabies, and then filed a suit for damages. The nurse had home owners' insurance but there was a catch, they would only pay on the injury claim if the dog was put to sleep, the nurse unfortunately had to put the dog to sleep as she had no other recourse.

You need to either change your route or schedule, or do whatever it takes to avoid that kid, you allowing her to pet the dog is giving her permission to do it, that makes you responsible if anything happens, change the route, schedule or redirect the kid away from your dog by standing between the dog and her or something.
You might talk to the police and get their advice on how to deal with the unwanted contacts legally without breaking some assault law by physically touching the kid.

[TinaMcG]

I agree that NoMoreSnow has given you the best CYA advice. And I also agree that you need to do all you can do to keep the girl away from your dogs -- and you. She sounds like she has pretty bad parents. As she gets older, she's only going to get worse. If you take steps now to have a formal record of your problem with this family, it might save your bacon in the future. It might also be just the first of a number of times you have to document your situation with them.

[germaine2626]

Originally Posted by NoMoreSnowForMe

There's a law regarding what's called an "attractive nuisance." I'm thinking it would apply here. The kid is attracted to the dog, and comes onto your property, and gets bit. You are still liable.

Here's what I would do:

1) Write a formal letter to the parents and send it to them with delivery confirmation. I'd send it USPS priority mail with delivery confirmation. As a former property manager, i preferred using this method to certified mail, because the postman simply scans it as he drops it off, and nobody has to sign it or can refuse it or not go pick it up at the post office, etc. You will have proof of it being delivered.

In the letter say something to the effect that you are officially asking them to keep their daughter off your property, and away from your dog at all times. I'd put in there that the child is apparently hurting the dog, as the dog yelps, and you are afraid the dog may eventually bite her. That you are both concerned for the welfare of your dog, as well as their child. And that you have asked the parents to keep the child away, and have repeatedly asked the child to stay away, to no avail, hence you are writing a formal letter.

2) Call the police and ask to talk to someone there about the situation, and that you wondered if you could get some kind of record of your being concerned about this child who wanders the neighborhood and won't listen to you when you ask her to stay off of your property and away from your dog. Ask them how you should specifically handle getting rid of the kid.

I would definitely NOT mention that the dog has already snapped at her.

And write down your conversation with the police for your records, including names and dates and times.

If things don't improve, then I think you should consult a lawyer for what to do next.

You are very right to be concerned about your dog biting someone. In some states there is what's known as a one-bite rule. And after that, you are on notice that the dog may be "dangerous" and you are liable after that, no matter what. There are lawyers who specialize in dog bites, because the law (depending on where you live) says you are automatically guilty.

Some places will even require you to have the dog put down. That's the case here in Redding. I've heard of more than one situation where a dog acted aggressively, and the animal control captain can strongly suggest to the judge that the dog be put down, and the judge agrees - even for first-time offenses.

So, get help from the cops. They'll probably go talk to the parents and tell them to keep her off your property. But, at the very least, you will have a documented paper trail that you have been doing everything possible to avoid this obnoxious kid being bitten.

I agree with sending a letter, however, I would not mention the potential of the dog biting, only that petting the injured dog appears to cause it pain.

I would also try to avoid the child and block her from petting the dog.

[DCforever]

Originally Posted by runswithscissors

The girl is outside on her bike STALKING the injured dog. Where is the family supposed to go? In the car to another neighborhood?

NOW she has to HIDE from this kid and her brother?

I think you missed THIS PART:



We wouldn't be saying it's no big deal if it were a BIG dog, right?

I think it IS a big deal and the OP, have the right to enjoy their neighborhood without having to be responsible for neighbor's kids and DEFENDING themselves from them.

The kid is FIVE. I can't believe you would let your kid do that stuff, right?

I think there is likely some type of bylaw that could even be enacted preventing her from being outside on COMMON AREAS unsupervised.

I've lived in HOAs and high rises with that bylaw.

Her family are RENTERS. The most common offenders by FAR in all HOAS and the reason they have so may problems is they have NO vested interest in the community like this OP does (even if she is a renter herself she doesn't fit the profile)

NOW that I reread the OP, about KICKING the garage door and fighting with the husband, I AGREE with calling the cops. I would specifically ask if I was permitted to SPRAY the girl with a water hose or spray bottle. Maybe THAT'LL get through but probably not LOL.

Let me try once again....

Just walk the other direction. It's a five year! Distract her. Tell her her mother is calling. Tell he you say a bag of candy on her front yard.

When you lose to a five year old, you should hang your head in shame.

[NoMoreSnowForMe]

Originally Posted by germaine2626

I agree with sending a letter, however, I would not mention the potential of the dog biting, only that petting the injured dog appears to cause it pain.

I would also try to avoid the child and block her from petting the dog.

Good catch. I agree 100%.