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I was wondering if any could offer opinions and/or thoughts on legality of this situation.
I have a 5 yr old rescue Pit/Ridgeback mix - male, 105lbs -- and a 2 yr old shepherd mic, female, 50 lbs.
Recently my dog walker, who's been very good at handling the dogs, especially the larger one, who has shown tendencies of a desire to dominate other dogs - resulting in many many hours of professional work with him - boarding and kenneling with a guy who specializes in aggressive dogs etc - When I first rescued him, 4 1/2 yrs ago, I unknowingly took him to a dog park and spent 10 minutes trying to corrall him as he chased and tryed to pin down other dogs. I've since simply ruled dog parks out and when he has contact with other dogs, its under my hand and guidance and he obeys me fully. My dog walker understands all this, is a big guy, is ridiculously good with all animals -- and I trust him.
Recently, there was an incident in which my dogs met a cocker through a fence and for whatever reason, it seems conflicting according to both the dogs owner and my dog walker, the owner brought the cocker out of her yard, through a fence and out into the street to meet my dog. It's entirely possible the owner was told that my dogs were sweet and it would be fine - assuming her dog would be under control. It was all wags at first, then the cocker started nipping and being a little aggressive with my bigger dog, resulting in him pinning the cocker down. After a struggle, my dog walker and the owner got my dog off the cocker and went their separate ways.
After about a month i got a letter attached to my mailbox from the owner of the cocker who saw my dogwalker and followed him back to my house, thus seeing where my dogs, and of course I, lived. In the note she seems to list many points that are not at all consistent with the dog walkers story -- she says she brought her dog to the 'end of her walkway' -- conveniently leaving out the fact that she let her dog out of her yard, unleashed, to greet my dogs. -- 7+ people kicked and punched my dog to get him to release -- my dog walker vehemently denies this -- saying possibly 2-3 people were 'standing around' -- there were 2 or 3 other discrepencies, but they are immaterial, I believe.
She wants me to cover the entire cost of the vet bill 677$ -- mainly xrays of uninjured thorax and head -- punctured eardrum, fluids for shock etc. antibiotics.
In asking a number of people, it has been made clear to me that in terms of any litigation, It was an unleashed dog in a public area, pinned down by my leashed dog. Regardless of the other circumstances - its the cocker owner's responsibility to have her dog under control in public.. these facts would probably dismiss any small claims attempts on the cocker owner's behalf.
I do feel a sense of responsibility and empathy though and am wondering what is the proper recourse. I think I may offer to pay half.
Any thoughts or further questions would be greatly appreciated.
PS -- i should add that I live on the West Side of Los Angeles -- may be important in terms of leash laws, which are seemingly not enforced, but in existence.
I wouldn't offer anything. Get a lawyer and get legal advice. If the dog suddenly dies for any reason they could blame this incident as well and sue you for more than the vet bill. If you pay or offer anything it will be an admission of fault.
The other dog wasn't leashed or fenced. I would think that would be enough. You could probably call a shelter or local rescue groups and get their opinion of it too but I wouldn't pay it myself.
I know here in San Diego, the dog walker's company would be responsible. If your dog walker is through a licensed and insured company (I can't stress the importance enough of having an insured dog walker) then they would have to go through her insurance.
Also, why did it take a month for her to come to you? Did she not see a vet immediately after or are these injuries a result of another incident and you're just an easy target? I would not communicate with her directly and get some legal advice. You did nothing wrong.
There was a situation here (San Diego) recently where a woman was walking 2 not dog friendly shepherd mixes, and they were both leashed. She knew her dogs were not too keen on meeting other dogs and was a very responsible owner. Well someone decided it would be a good idea to open their front door and let their 15 lb. dog go up to say hi.
The dog got mauled and almost died as a result. The homeowner had the nerve to sue this poor woman, who did nothing wrong. Luckily, the woman with the big dogs won and didn't have to pay a dime. The homeowner not only had vet bills, but citations for not properly containing her dog. Good luck, if LA is anything like San Diego, you have nothing to worry about.
I'm not sure how it is in other states, but all the dog walkers here in San Diego that I meet are licensed and insured. It's a huge business here and many of them make more huge money in this field. It's a huge liability to not have an insured one, given that anything can happen and it often does.
-- 7+ people kicked and punched my dog to get him to release -- my dog walker vehemently denies this -- saying possibly 2-3 people were 'standing around' -- there were 2 or 3 other discrepencies, but they are immaterial, I believe.
KL
I would seek out counsel. You did nothing wrong and the woman is at fault. Poor dog that had a stupid owner. You might want to ask your walker if I he can identify the 2-3 witnesses in case you need them to testify.
First of all, it would be a civil suit and you really shouldn't need an attorney. If your dog was leashed and the other wasn't, then they are liable, not you. If your dog was on a public access and this unleashed dog came out from private property, again, they are liable, not you.
As much as I appreciate wanting to help with the financial/vet bill, you could do so by writing a letter with the facts as you know them, leashed/unleashed, private/public property and a brief description of events. I would include that although you do not intend your offer to help financially to be an admission of guilt, but that your offer is that of a humanitarian act in good faith.
Do you know where she lives? Write her a note and include a leash and collar as a sympathy gift, maybe something like this:
Dear Irresponsible Dog Owner,
I'm sorry to hear that your dog was injured due to your negligence. Perhaps next time you will be more careful and follow the leash laws more closely. Here is a small token to express my sympathy. I do hope you choose to use it in the future to prevent future mishaps.
Sincerely,
Neighbor of leashed dog
I'm only half kidding about writing the note.
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