condo / dog bite / pet issue

[go4med]

What is the name of your state? KY

i own my condo in louisville where pets (unlimited size) are allowed. about 4 months ago, i was bringing my black lab into the condo (we were inside the foyer about to enter the condo), when i saw one of my neighbors approaching the doors as well (wooden doors with head-level windows). upon my opening of the doors (i had just taken my dog off of her leash as prior to this point there was no one in the hall), her dog - a little yorkie - ran through the crack in the door and up to my dog abruptly. my dog bit her dog and i separated the two of them. there was no obvious damage to her dog, but she did write a letter to the condo association who the told me to keep my dog on her leash. subsequently, in the most recent update to the co-owners manual, they put in place a leash law for the common elements. now (4 months later) the yorkie's owner has sent me an email stating that she had been to a vet the day following the incident and the vet stated that her dog had some shoulder damage. she stated that she has waited up until this point to say anything b/c she wanted to give the shoulder "adequate time to heal" and a subsequent vet visit has demonstrated additional damage to the shoulder. now she is asking me to pay for the vet bills and "to give some thought to a fair estimate as
to what it will cost me to keep [her dog] comfortable for his remaining days. moreso, SHE feels UNSAFE in the condo and is asking me to remove my dog from the building. does she have any legal recourse in this situation, and can she obtain "pain and suffering gain" for her dog? more importantly, can my dog be evicted, forceably removed, or impounded without ever having been reported to animal control services and labeled an "at-risk, potentially dangerous dog or dangerous dog"? any input would be greatly appreciated!

[LindaP777]

Were the police called at the time of the bite and a police report made?
In order for her to collect money from you if you do not voluntarily pay her, is to sue you. If she does, I would take my chances with a judge, considering both dogs were unleashed and hers charged at yours. She would be hard pressed to prove your dog didn't react out of self-dense.
No, your dog can not be removed from you.
What does your condo R&R's say about a dog attack (again, her dog charged at yours, so the attack was provoked by her dog)? They would be the ones who might ask you to get rid of the dog, if there is a violation of the R&R's.
I never heard of a dog receiving pain and suffering.

[go4med]

no police were called, nor animal control services. no complaint filed except with the condo association. there are no rules and regulations regarding dog bites or attacks in the manual, as far as i know.

[sflostboy]

I didn't quite understand how you opening your door allowed the neighbor's dog to run out, so I likely missed something and assume the other neighbor's condo door was open and before you got your dog into your condo the Yorkie came out into the foyer, too. If that was the case, you could have had your dog on a leash and the same sequence of events would have happened.

Without any police report filed, etc., I think you've already experienced the worst from this incident: your HOA Board has received a complaint that your dog bit another owner's pet.
It seems unlikely the complaint describes the role of the other owner or the Yorkie in the "attack".

When you were told to keep your dog leashed, you may have explained what happened and/or the HOA board may have said at the start they know your dog is not a menace, they just needed to act on the complaint, etc.

It is unlikely any letters of reference were filed away or the complaint annotated with any of that, either.

I would be surprised if anything more came of this event, but some day another complaint may be filed concerning your dog. Then, as now, it may seem you did no wrong and/or that no damages occurred (my thoughts on Yorkie's shoulder in a minute). But if some future complaint is made to the HOA, they will only see in their records that your dog bit another. Outside a court room, there is no presumption of innocence.

So I would suggest writing a letter to your HOA Board, expressing your support of the new rule for leashes, and recommending the board remind all residents with pets that every time they open their door it is an opportunity for their pet to dart out into the common area. The tone should be concern for all residents and their pets, that you and the Yorkie owner's example illustrates how quickly fido can escape... it could have ended worse, but thankfully your dog is not hostile and the engagement was quickly ended because both parties involved are responsible pet owners with control over their animals.

And no, based on your description I do not believe the Yorkie owner does have the pet controlled... but the point isn't to retaliate and attack the Yorkie owner, it's to demonstrate your commitment to being a responsible pet owner and to express concern for your fellow neighbors and their pets ... and to document your side of the story so a year from now you aren't the owner of the aggressive lab that attacked and bit a neighbor's Yorkie.

As to the Yorkie's vet bill, remind the other owner you both agreed the animal was fine, and although you are sorry to hear the dog is having shoulder and back problems you also have heard joint and back issues commonly develop in small breeds as over time the jarring impact of jumping down from furniture takes it toll... recommend the local pet store which likely will have a pet-step that can be placed next to the bed and/or couch.

[go4med]

sorry, it was at the main entrance foyer doors, and her dog and she were standing on the other side of the door (though the windows were too high for either of us to see each others' dog)... so when i opened the door, out popped the yorkie. i hope that this helps clarify things.

[LindaP777]

Originally Posted by go4med

sorry, it was at the main entrance foyer doors, and her dog and she were standing on the other side of the door (though the windows were too high for either of us to see each others' dog)... so when i opened the door, out popped the yorkie. i hope that this helps clarify things.

The way I see it, you were both at fault for not having your dogs leashed, but if her dog truly charged at your dog the way you say, then he was the instigator.

[nextwife]

The small dog, however, did not big anyone/anything. It is irresponsible to have your dog off leash in the common hallway. Waiting until the dog is inside your unit would be the proper time to release from leash. What if that had been a toddler bolting out the door at face level to your dog? And NOT on a leash! A bite could not be claimed to be the "fault" of the bite recipient for the crime of being there. BTW- I am also a dog owner, and even under the circumstances you described, it is unacceptable behavior for a dog to bite.