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  #1  
Old 05-31-2006, 07:06 PM
Junior Member
 
Join Date: May 2006
Posts: 3

"Dog bite"


What is the name of your state? CA

I'm the lucky owner of 'Coco' an 8 month old Pit Bull. Our problem is: we've just moved into a new neighborhood and have this neighbor that lives 3 houses down from us and has a problem with 'pit bulls'. He's constantly harrasing me, going into my yard to see what type of 'reaction' he'd get from my dog. Coco's not people or animal aggressive at all. I also have 3 girls, ages 3, 6 & 9 who are constantly all over her. She's never grawled or shown any signs of displeasure.
In April my neighbor walked over to my front yard as I was outside with my 3 yr. old and my sister's 1 yr old pit. This dog is aggressive toward males. There's no way this guy didn't sense this while he was walking over and the dog was barking aggressivly towards him. He stood there and watched at my fence as I struggled to get the dog off to take her inside. The neighbor took that opportunity to threaten me with a suit if my dog were to ever get to that point and bite someone. The purpose of his visit was to bring me a book on how to train my puppy!

Two weeks ago, Coco got out of my house. This neighbor and his wife for some reason, took the dog into their house. When I went out to look for her, the wife brought her out to me, on a leash and didn't say a thing. Two days later, I get a notice on my door from Animal Contol saying that my dog bite someone and is being 'Quarantined'. I called A.C. to get info on who she bite and when. They said that my neighbor made a report that my dog bite him. Coco was quarantined for over 14 days and was just released today. The ACO said that my neighbor requested a restraining order on my dog, which I am going to dispute. According to the report, he provoked the dog to bite because he states that he grabbed the dog by the collar and she bite him on the wrist. For all I know, when they took the dog into their house, they could of kicked her to cause her to react. Now I learn that he's seeking to retain an attorney. I'm confident that this man really has no case, but what can I anticipate from all this?What is the name of your state?
  #2  
Old 05-31-2006, 08:15 PM
Senior Member
 
Join Date: Jul 2002
Location: Bay Area, CA
Posts: 7,510
Quote:
Originally Posted by pinkgirliee
What is the name of your state? CA

I'm the lucky owner of 'Coco' an 8 month old Pit Bull. Our problem is: we've just moved into a new neighborhood and have this neighbor that lives 3 houses down from us and has a problem with 'pit bulls'. He's constantly harrasing me, going into my yard to see what type of 'reaction' he'd get from my dog. Coco's not people or animal aggressive at all. I also have 3 girls, ages 3, 6 & 9 who are constantly all over her. She's never grawled or shown any signs of displeasure.
In April my neighbor walked over to my front yard as I was outside with my 3 yr. old and my sister's 1 yr old pit. This dog is aggressive toward males. There's no way this guy didn't sense this while he was walking over and the dog was barking aggressivly towards him. He stood there and watched at my fence as I struggled to get the dog off to take her inside. The neighbor took that opportunity to threaten me with a suit if my dog were to ever get to that point and bite someone. The purpose of his visit was to bring me a book on how to train my puppy!

Two weeks ago, Coco got out of my house. This neighbor and his wife for some reason, took the dog into their house. When I went out to look for her, the wife brought her out to me, on a leash and didn't say a thing. Two days later, I get a notice on my door from Animal Contol saying that my dog bite someone and is being 'Quarantined'. I called A.C. to get info on who she bite and when. They said that my neighbor made a report that my dog bite him. Coco was quarantined for over 14 days and was just released today. The ACO said that my neighbor requested a restraining order on my dog, which I am going to dispute. According to the report, he provoked the dog to bite because he states that he grabbed the dog by the collar and she bite him on the wrist. For all I know, when they took the dog into their house, they could of kicked her to cause her to react. Now I learn that he's seeking to retain an attorney. I'm confident that this man really has no case, but what can I anticipate from all this?What is the name of your state?
There probably isn't much to do unless and until the neighbor actually does try and sue you, at which point you will want to hire an attorney to defend you. You might want to check and see if your homeowner's insurance will cover a dog bite, and, if so, if there are any limitations or exclusions on coverage.

You might also consider simply offering to pay for the medical expenses the neighbor suffered. California law places liability for dog bites squarely on the owner -- it doesn't matter if the dog was aggressive or not, or if the dog had ever bit anyone before or not -- dogs in California do not get "one free bite." If they can prove that it was your dog that bit them, then it would be up to you to prove that they provoked the dog in some way.
  #3  
Old 06-03-2006, 12:45 AM
Senior Member
 
Join Date: Sep 2004
Posts: 1,923
It's your fault the dog got out, but the neighbor's decision to take what he considered a dangerous animal into his house places some liability on him for anything that might happen in his home. Does the neighbor have any proof that the dog bit him?

You should send a letter to your neighbor certified mail stating that your nieghbor should stop provoking your dog to bite him. You should also keep a video camera handy to document any of this behavior that you can.

My family has had two pits bulls and they're very nice dogs if treated nicely. They have an undeserved reputation for violence because they're often trained to be violent. Any dog can be mean/vicious/bite if treated wrong!
  #4  
Old 06-03-2006, 01:33 AM
Member
 
Join Date: Aug 2004
Posts: 853
Quote:
Originally Posted by teflon_jones
It's your fault the dog got out, but the neighbor's decision to take what he considered a dangerous animal into his house places some liability on him for anything that might happen in his home. Does the neighbor have any proof that the dog bit him?

You should send a letter to your neighbor certified mail stating that your nieghbor should stop provoking your dog to bite him. You should also keep a video camera handy to document any of this behavior that you can.

My family has had two pits bulls and they're very nice dogs if treated nicely. They have an undeserved reputation for violence because they're often trained to be violent. Any dog can be mean/vicious/bite if treated wrong!


That is absolutely NOT true. Well balanced dogs will NEVER become violent under any circumstances.
  #5  
Old 06-03-2006, 02:02 AM
eme76
Guest
 
Posts: n/a
Quote:
Originally Posted by john123456
[/b]

That is absolutely NOT true. Well balanced dogs will NEVER become violent under any circumstances.
Marjorie Whipple probably thought her dog was "well balanced"...ANY dog WILL become volient under MANY circumstances...no matter how well they may walk on a tight-rope
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