My dog bit someone on sidewalk while on leash (how much, attorney)

[Ruth4Truth]

Originally Posted by daepro

I too own a dog that people are constantly asking me to pet. If do feel like an ogre when I say no but it is precisely because of what you are experiencing now that I feel I am correct in being protective of my dog and myself. Hope that all works out in you and dogs favor and thanks for reinforcing my policy of hands off.

This. People can be dumb. They can exercise poor judgment and do things spontaneously that they later regret (or that you later regret, as the case may be....); You have to be on guard for other people's stupidity. Even though you didn't give permission for her to get so up close and personal with your dog, you could be liable. So in the future, just say "no".

[bmw335xi]

Originally Posted by hoodun

This is my conclusion as well.


At the time my dog had about 8 people waiting in line to pet her. She was wagging her tail and licking them when they first came over. I am usually very good about keeping a hawk eye on things. I was just on an important phone call at the time so I was not paying as close as attention and everything seemed fine. the girl kept saying she had witnesses and video. I asked to talk to a witness and got no response.

The first thing out of my mouth to the girl was, I dont believe you... I was standing right next to the dog and even though I was not paying 100% attention I would know if she attacked someone. She always gives several warnings such as barking, ears back, etc when she is feeling uncomfortable.

It seemed like the girl could have scratched her chin, though that seems like such a drastic measure. I'm not sure what to believe. the girls behavior was very strange. she kept asking me what I was going to do about it and she would not leave... she just sat across from at a table on the sidewalk. It got to the point where I was like do you want my information, do you want to call the cops, ... I really just wanted the girl to either brush it off or take action and leave. She was drilling me with what seemed like some sort of psychological game... maybe she was expecting cash from me. ... I'm leaning towards a scam. Wow.

so now my questino is if I tell me they DO NOT have permission to pet the dog, am I relieved of liability? If I understand 'strict liability' the one case it does not hold is in trespassing...

There used to be a time when people took responsibility for their actions such as if they go to pet a dog without permission and get bit, then they'd accept they were at fault, but society is becoming so much of a victim state, it's quite sad.

From my research, even if you don't give them permission, you are still liable. However, there have been some defense cases that have won in court when it comes to provocation even though it doesn't fall as a defense under the law.

[Annie53]

Originally Posted by hoodun

This is my conclusion as well.


At the time my dog had about 8 people waiting in line to pet her. She was wagging her tail and licking them when they first came over. I am usually very good about keeping a hawk eye on things. I was just on an important phone call at the time so I was not paying as close as attention and everything seemed fine. the girl kept saying she had witnesses and video. I asked to talk to a witness and got no response.

The first thing out of my mouth to the girl was, I dont believe you... I was standing right next to the dog and even though I was not paying 100% attention I would know if she attacked someone. She always gives several warnings such as barking, ears back, etc when she is feeling uncomfortable.

It seemed like the girl could have scratched her chin, though that seems like such a drastic measure. I'm not sure what to believe. the girls behavior was very strange. she kept asking me what I was going to do about it and she would not leave... she just sat across from at a table on the sidewalk. It got to the point where I was like do you want my information, do you want to call the cops, ... I really just wanted the girl to either brush it off or take action and leave. She was drilling me with what seemed like some sort of psychological game... maybe she was expecting cash from me. ... I'm leaning towards a scam. Wow.

so now my questino is if I tell me they DO NOT have permission to pet the dog, am I relieved of liability? If I understand 'strict liability' the one case it does not hold is in trespassing...

Yep, I think she was waiting for you offer her some money for her distress......a scam for sure. And I also believe she scratched herself.

[ny789987]

You should treat any alleged incident involving personal injury or property damage the same way. In any fender bender, what are you supposed to do? Exchange insurance information and keep your mouth shut. Here, although there was no insurance company involved, I would have done the same thing. I would not have engaged in conversation with these people. I would have asked them if they were okay, and if they needed any medical attention. I would then get on my cell phone and dial the cops. Scammers usually scatter once they know law enforcement will soon be on the scene. Scammers and shady people generally don't like to engage with law enforcement officers. If the people turn out to be legitimate, you can deal with the situation from there.

[WizardOfRadical]

If she didn't call 911 that should be your first clue. Never give people you don't know the ok to pet your dog. Let them do it on their own, and do not respond, nod, or gesture if they ask.

[MaireM]

Originally Posted by hoodun

This is my conclusion as well.


At the time my dog had about 8 people waiting in line to pet her. She was wagging her tail and licking them when they first came over. I am usually very good about keeping a hawk eye on things. I was just on an important phone call at the time so I was not paying as close as attention and everything seemed fine. the girl kept saying she had witnesses and video. I asked to talk to a witness and got no response.

The first thing out of my mouth to the girl was, I dont believe you... I was standing right next to the dog and even though I was not paying 100% attention I would know if she attacked someone. She always gives several warnings such as barking, ears back, etc when she is feeling uncomfortable.

It seemed like the girl could have scratched her chin, though that seems like such a drastic measure. I'm not sure what to believe. the girls behavior was very strange. she kept asking me what I was going to do about it and she would not leave... she just sat across from at a table on the sidewalk. It got to the point where I was like do you want my information, do you want to call the cops, ... I really just wanted the girl to either brush it off or take action and leave. She was drilling me with what seemed like some sort of psychological game... maybe she was expecting cash from me. ... I'm leaning towards a scam. Wow.

so now my questino is if I tell me they DO NOT have permission to pet the dog, am I relieved of liability? If I understand 'strict liability' the one case it does not hold is in trespassing...

Not too long ago I rented a room to a woman. She turned out to be a crazy drunk and when I gave her notice she claimed my dog bit her and "advised me not to proceed" (her words via text!) I knew she was lying. There was a tiny scratch on her arm - no teeth marks - and my dog is large and strong. She did not go to a doctor and did not ask if he was up to date on shots....all things a person would do after a genuine dog bite. I told her to, "do what she had to do".

She then tried to get $800 out of me to leave the property! I returned her security deposit (which she did not deserve as she had smoked heavily in the room) and gave her $100 extra to leave that night. She did. It was worth the money to have her out of the house. I later discovered she had pulled this scam before and is probably pulling it again now somewhere else.

The woman you encountered was definitely trying to pull a scam! They used video to make you nervous. The hope was that you would offer them money ("for the doctor"), to make them go away. I agree with the other posters who said you should have gone to the police station or called the police immediately. Chances are good they would have run away.

It is a sad comment on society that you really cannot let strangers pet your dog anymore or even allow strangers near your dog. It is just not worth it. Not only is there financial liability but, more importantly, there is the risk of Animal Services taking the dog away.

[FC76-81]

Originally Posted by bmw335xi

There used to be a time when people took responsibility for their actions such as if they go to pet a dog without permission and get bit, then they'd accept they were at fault, but society is becoming so much of a victim state, it's quite sad.

From my research, even if you don't give them permission, you are still liable. However, there have been some defense cases that have won in court when it comes to provocation even though it doesn't fall as a defense under the law.

Yeah that time is long gone. There are a few factors as to why it's changed.

4) Society has migrated towards a denial mentality (It's everybody else's fault).
3) Most kids are no longer taught common sense fundamentals.
2) People are tired of not winning the lottery and they know that their odds are better at winning a lawsuit.
1) Every year thousands of student across America graduate law school to become lawyers. They've studied long and hard for years for an opportunity to get on that lawsuit money gravy train. They have to drum up "business" some way or the other.

[Ruth4Truth]

Originally Posted by MaireM

She then tried to get $800 out of me to leave the property! I returned her security deposit (which she did not deserve as she had smoked heavily in the room) and gave her $100 extra to leave that night. She did. It was worth the money to have her out of the house. I later discovered she had pulled this scam before and is probably pulling it again now somewhere else.

The woman you encountered was definitely trying to pull a scam! They used video to make you nervous. The hope was that you would offer them money ("for the doctor"), to make them go away. I agree with the other posters who said you should have gone to the police station or called the police immediately. Chances are good they would have run away.
.

This was my first thought after reading the story. The OP needs to protect herself from scammers, and the only way to do that is to not allow petting the dog. What a sad commentary on life these days, but that's the way it is. And if anyone's disappointed about not being allowed to pet the dog, she can explain, sympathetically, that someone tried to sue her once, after provoking the dog, so she can no longer allow petting.

[nightlysparrow]

Just buy one of these for your dog. NOBODY will try to pet it. And it can't bite anyone. Problem solved:

Muzzle will transform your pooch into a menacing WEREWOLF | Daily Mail Online

[nmnita]

OP, I too think it is a scam but this should be a warning to all of us: proceed with caution when allowing someone to pet your dog or when you want to pet someone else's dog.