Dog attacked other Dog in Alabama

[vabeverly]

I live in Alabama. Three months ago, my dog attacked the neighbor's dog. The neighbor's dog was off-leash but on his own property. The dog was not severely injured, he needed a few stitches but made a full recovery (stitches out and everything) in 2 weeks. We told our neighbor we would re-home our dog (as they requested) but ultimately we found a dog behaviorist that my dog has been working with for the past three months.

Because we were giving up our dog, our neighbor asked we pay 1/2 of the vet bill--we intended on paying the entire bill but they refused. Now that my dog has learned appropriate behavior/manners, he is ready to come home. In addition, He has NEVER been aggressive towards people, in fact he's more friendly towards people than the dog he attacked.

Anyway, we've invested a lot of time and money into our dog's behavior and want to bring him home. He is no longer a threat to any other dog and we will pay the remainder of the bill to our neighbor because we did not give him away. Is there anything my neighbor can do if we bring him home?

I've only found a few laws in which people can file claims for a dog bite/dog related injuries but I have yet to find anything about dog-dog aggression.
Any information/advice is very much appreciated!

 

[TheGeekess]

I live in Alabama. Three months ago, my dog attacked the neighbor's dog. The neighbor's dog was off-leash but on his own property. The dog was not severely injured, he needed a few stitches but made a full recovery (stitches out and everything) in 2 weeks. We told our neighbor we would re-home our dog (as they requested) but ultimately we found a dog behaviorist that my dog has been working with for the past three months.

Because we were giving up our dog, our neighbor asked we pay 1/2 of the vet bill--we intended on paying the entire bill but they refused. Now that my dog has learned appropriate behavior/manners, he is ready to come home. In addition, He has NEVER been aggressive towards people, in fact he's more friendly towards people than the dog he attacked.

Anyway, we've invested a lot of time and money into our dog's behavior and want to bring him home. He is no longer a threat to any other dog and we will pay the remainder of the bill to our neighbor because we did not give him away. Is there anything my neighbor can do if we bring him home?

I've only found a few laws in which people can file claims for a dog bite/dog related injuries but I have yet to find anything about dog-dog aggression.
Any information/advice is very much appreciated!

It's property damage. Animals are property.

Next time your dog attacks his dog in his yard, be prepared to bury your dog. If my neighbor told me he was going to do something with a problem animal and he didn't, next time that animal comes in the yard, it's liable to meet the business end of the rifle.

 

[ecmst12]

Whether you retrain or get rid of your dog has no bearing on your liability for the vet bills.

 

[vabeverly]

Could you all provide the legal statute for those claims above? Below is one of the link's I've found regarding dog bite laws in Alabama but I want to make sure I'm not missing anything.

http://www.animallaw.info/statutes/stusalst3_6_1.htm

We'd like to see the actual law/provision/etc if possible

Again, thanks for your advice and effort!

 

[TheGeekess]

Could you all provide the legal statute for those claims above? Below is one of the link's I've found regarding dog bite laws in Alabama but I want to make sure I'm not missing anything.

http://www.animallaw.info/statutes/stusalst3_6_1.htm

We'd like to see the actual law/provision/etc if possible

Again, thanks for your advice and effort!

Section 6-5-121
Distinction between public and private nuisances; right of action generally.

Nuisances are either public or private. A public nuisance is one which damages all persons who come within the sphere of its operation, though it may vary in its effects on individuals. A private nuisance is one limited in its injurious effects to one or a few individuals. Generally, a public nuisance gives no right of action to any individual, but must be abated by a process instituted in the name of the state. A private nuisance gives a right of action to the person injured.
(Code 1907, §5196; Code 1923, §9274; Code 1940, T. 7, §1084.)

http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/6-5-121.htm

Section 6-5-124
Right of action for private nuisance.

A private nuisance may injure either the person or property, or both, and in either case a right of action accrues.
(Code 1907, §5198; Code 1923, §9276; Code 1940, T. 7, §1087.)

http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/6-5-124.htm

Section 6-5-126
Rights and responsibilities of alienees for continuance.

The alienee of a person owning the property injured may commence an action for a continuance of the nuisance, and the alienee of the property causing the nuisance is responsible for a continuance of the same. In the latter case, there must be a request to abate before an action is commenced.
(Code 1907, §5194; Code 1923, §9272; Code 1940, T. 7, §1082.)

http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/6-5-126.htm

http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/123825.htm
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/2220.htm

 

[vabeverly]

Thanks, TheGeekess for the info provided.
Just to clarify, because my dog will no longer be a nuisance, the aforementioned codes won't apply, correct?

He's been temperament tested with other dogs, even aggressive dogs, and has made a complete 180. As long as we apply what we've learned about the psychology behind it all, we'll have no problem with him.

We will talk to our neighbors before bringing him home--we did inform them that we never surrendered/gave him to someone else when he went to the psychologist so they are aware of that change.

We're trying to do the most responsible thing by society and our dog. When we rescued him, we were told he wasn't dog aggressive (which was partially true) and when the incident happened we didn't just want to euthanize him because he is a great dog outside of him not liking a few dogs...he got along fine with our other dogs, too. We also didn't want to pawn him off to another owner because that would have just perpetuated the issue.

 

[Zigner]

Thanks, TheGeekess for the info provided.
Just to clarify, because my dog will no longer be a nuisance, the aforementioned codes won't apply, correct?

It doesn't work that way. Your dog has already proven what it is capable of.

 

[nextwife]

You ARE planning a tall secure, FENCE to make certain your dog cannot access ANYBODY elses animals before bringing this dog back, correct?

Why was your dog allowed to be at large?

 

[TheGeekess]

You ARE planning a tall secure, FENCE to make certain your dog cannot access ANYBODY elses animals before bringing this dog back, correct?

Why was your dog allowed to be at large?

Because he lives in Bama and loose dogs are a way of life. Very few municipalities regulate keeping pets.