Pit Bull Question

[txmom512]

What is the name of your state? TX

Down at the end of our street there is a yard with a fence with tall metal bars that are at least six inches apart and there are two pit bulls in that yard.

My 11 yr old daughter had her maltese on his leash, but he got away from her. By the time we had gotten to the end of the street, The pit bulls in that fence had already killed him. He knows not to go too close. The police believe they were able to grab our dog's leash and drag him into the yard. We drove up in the truck and my daughter saw it all.

Do the homeowners have any type of liability? I know the dogs were in their yard, but I just can't see how having bars over six inches apart can be considered contained. What if that had been a child that had gotten too close????

 

[justalayman]

if the dogs were not outside of the fence, they were contained. Unless you have proof to your suspicions, well, you don't have any proof.

yes, it does seem that the bars a overly wide but until something happens, not much you can do.

 

[LindaP777]

Check to see if there are any ordinances against pit bulls in your area.
Also check to see if this was there first bite or attack. Vicious dogs with a history can often times be removed from their owners (depending on the laws of your area).

 

[Zigner]

Yes, and please offer to pay any vet bills incurred by the owners of the properly secured dogs. Your dog was not under control. You should not be looking at anybody else for your liability.

This comes from a person who HATES Pit Bulls...I've seen my cat shredded by a stray pit on my front porch...

 

[Nippy]

Oh, how awful for you....!

I'm so sorry for your loss.

You're receiving some incorrect advice here.

Yes, at the very least you can recover the cost of the dog, the amount you paid. If he had special training or any other special economic advantage to you (like being a show dog, etc.), you can collect for those damages against anticipated future gains, too.

It is incorrect that a restrained dog of any breed had no liability. It's illegal for one's dog to kill another unless it can be demonstrated that the other dog posed an immenient threat to the killer. Being off lead and near a property line does not constitute that. And, the fact that the Pit Bulls were supposedly behind bars doesn't work, either. Those bars, if properly installed, would have prevented this tragedy, so that argument works in your favor.

You might also want to check if there are any other reports of this dog having attacked anything else, which would also add the issue of probablility as well. And to see of there are any ordinances pertaining to Pit Bulls, who have a known predisposition of unprovoked violence.

In any event, I'd file a report with your local PD. Killing isn't ever something we want at the end of the street. Be thankful it wasn't your child.

 

[Zigner]

You're receiving some incorrect advice here.

Yes, starting with your post.

The pits were properly restrained. Her dog was NOT properly restrained. The dog was killed IN THEIR YARD and the OP has a story about the pits pulling the LEASH to get the dog in to their yard .

EDIT: in THEIR yard means in the yard of the owner of the pits.

 

[CMLANDLORD]

OP, I'm very sorry for your loss. As awful as the situation is, Zinger is right. The pits were fenced in on THEIR property.

OP you stated that there is a yard with a fence with tall metal bars that are at least six inches apart and there are two pit bulls in that yard. If the pits are adult sized, it would be hard for them to squeeze through an opening of that size. Their heads alone (if adult size) would be 8" and up. Lets not forget the girth of their body. Unless you can prove the pits occasionally escape the fence, you don't have much of a case. Do some investigation. Ask your neighbors and see if they've seen the pits escape. If you can prove the fence is not sufficient to keep the dogs in, you may have a case.

Just because your dog was on a leash doesn't release you from any responsibility. Although maltese are small dogs, they're pretty quick and if your daughter is walking the dog with the leash fully extended, the maltese's reach could be quite long; allowing the dog to get to close to the pits.

 

[xylene]

The pits were properly restrained.

If the bars were wide enough that the pit bulls could seize the dog from outside the enclosure, then they were not properly restrained.

The poster cannot prove this with the info presented.

 

[CMLANDLORD]

OP, what county do you live in in TX? I searched the web for any ordinances in general relating to TX and dogs. Here's a good sample and it is for Bexar County, TX (City of Converse). You may want to research what ordinances are in effect in your county or city.

http://www.conversetx.net/ord717_060620.pdf

Please note definition of Dangerous Dog on page 2. Again this is a sample only and may not be relevant for your county or city.

Dangerous Dog shall mean a dog that makes an unprovoked attack on a person or another animal that causes bodily injury, and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to another animal or a person. Attacks that occur in an enclosure in which the dog was being kept, and that was built to prevent the dog from leaving the enclosure on its own; shall not qualify as a basis for declaring a dog vicious or dangerous. Only unprovoked acts in a place other than an enclosure in which the dog was being kept and was built reasonably prevent the dog from leaving the enclosure on its own shall serve to justify a declaration of vicious or dangerous.


It would your burden to prove (not heresay) that your dog didn't enter the fence willingly (that would be your neighbor's argument), the dogs have escaped in the past through those openings which is considered their enclosure (asking neighbors), etc. Maltese are small breed dogs. They can fit into a fence opening of 6" easily. I'm not saying your daughter had any wrong doing in this particular situation but if you or your daughter walks the dog w/ the leash completely extended (some leashes are as long as 15ft), YOUR dog may have came too close to the pits which may have caused the provocation.

 

[dontdothat317]

Attacks that occur in an enclosure in which the dog was being kept, and that was built to prevent the dog from leaving the enclosure on its own; shall not qualify as a basis for declaring a dog vicious or dangerous. Only unprovoked acts in a place other than an enclosure in which the dog was being kept and was built reasonably prevent the dog from leaving the enclosure on its own shall serve to justify a declaration of vicious or dangerous.


It would your burden to prove (not heresay) that your dog didn't enter the fence willingly (that would be your neighbor's argument), the dogs have escaped in the past through those openings which is considered their enclosure (asking neighbors), etc. Maltese are small breed dogs. They can fit into a fence opening of 6" easily. I'm not saying your daughter had any wrong doing in this particular situation but if you or your daughter walks the dog w/ the leash completely extended (some leashes are as long as 15ft), YOUR dog may have came too close to the pits which may have caused the provocation.

It's going to be difficult to prove that the pits were in the wrong since they did not leave their enclosure and your malt was found on their property. Regardless, I'm sorry to hear about your loss!

 

[xylene]

It's going to be difficult to prove that the pits were in the wrong since they did not leave their enclosure and your malt was found on their property. Regardless, I'm sorry to hear about your loss!

Just to be clear, if they got their head out of the enclosure and seized the dog, or even just seized the dog by the leash, that would be the pit bull owners responsibility.

Where the dogs carcass was found is not relevant to responsibility.

It is an issue for proof, as the mauling was unobserved.

 

[JustAPal00]

I'm not sure if a dog would be smart enough to grasp a leash and drag it's victem into the enclosure! But sorry for your loss. I don't hate pit bulls, I hate the owners of dangerous dogs that keep them penned up out doors in residential areas. It's just an accident waiting to happen. Then they claim they didn't know!!!