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Phantom48volts

Junior Member
What is the name of your state? California

A lady walking her dog unleashed passed my tenants house. Her dog went up to the house and started barking at my tenants dog. My tenants dog is a female pit bull that was at the time in heat. The female feeling territorial eventually jumped over the 5 1/2foot tall fence and went to attack the dog. The lady's dog was unharmed however while trying to get my tenants dog away she got bit on the hand (pinky finger - required a couple stitches). My tenant took her in and called the police while she made several threating comments. After the police arrived my tenant offered medical treatment which she denied in front of the officer. She did take my tenants offer to take her home. Later my tenant took both of his pit bulls to animal control where they did a temperament test. The boy passed with flying colors the girl (the one involved in the incident) passed but said she was a bit aggressive at first - probably due to her being in heat - according to animal control. Though as a precaution and recommendation by animal control my tenant opted to put his dog down after having her for five years and no incident with either dog. Everyone knows these dogs are friendly even the gardener tells me this. In fact it was a point that I made sure of when renting the property to them. This tenant has a new born and a two year old that play with both dogs all the time.

Now just recently I have received a letter from a lawyer requesting that I submit this to my home owners insurance or else they were going to bring a lawsuit against me. I contacted the lawyer and ended up leaving a message. He followed up by the next business day but I was unavailable. He mentioned that his client had suffered severe nerve damage and that she was getting continued medical attention. Since that time in the last two weeks I have tried to contact him an additional four times with no response. I want to verify this information he is claiming and the cost involved. My tenant offered to pay and his client denied. Now three months later she wants money and they are coming after me instead of going to the tenant first. Currently the house is not an LLC but it's pretty much the only asset I have at the moment and it's upside down - due to the market. What can they do? What can I do? What should I do?
 


Phantom48volts

Junior Member
I understand the information you're saying though I'm already aware of insurance matters. I checked with the renters though they do not have renters insurance. My policy states nothing about dog bites or pitt bulls. However, I would like to know if I have a defense in this matter and what is the likely hood of me being held accountable in a court of law. Will a judge see it as they (lawyer & client) should of gone to the tenants first or do you believe perhaps the lawyer and client are trying to go for the easy money and having my insurance pay by threating me. Insights?? Advice??
 

moburkes

Senior Member
I understand the information you're saying though I'm already aware of insurance matters. I checked with the renters though they do not have renters insurance. My policy states nothing about dog bites or pitt bulls. However, I would like to know if I have a defense in this matter and what is the likely hood of me being held accountable in a court of law. Will a judge see it as they (lawyer & client) should of gone to the tenants first or do you believe perhaps the lawyer and client are trying to go for the easy money and having my insurance pay by threating me. Insights?? Advice??
You're up a creek. Your insurance company likely wouldn't have issued a policy if they knew you would rent to tenants with vicious dogs. Vicious dogs are considered vicious regardless of the temperament of the individual animal. A pit bull falls under the vicious dog category.

In any case, you need to inform your insurance company so that can defend you against any lawsuit. They will be able to determine of you negligently rented to the family.
 

msiron

Member
Later my tenant took both of his pit bulls to animal control where they did a temperament test. The boy passed with flying colors the girl (the one involved in the incident) passed but said she was a bit aggressive at first - probably due to her being in heat - according to animal control.
This temperament test and/or canine good citizen certs mean NOTHING at all to anyone including insurance carriers, only the owner of the dog, nothing (zip)

Though as a precaution and recommendation by animal control my tenant opted to put his dog down after having her for five years and no incident with either dog.
You'd have to tear my dog out of my arms to be put down. Dogs naturally become aggressive toward other DOGS when a female is in heat, and I'd never put a dog down because of that. If the dog literally attacked a human in an unprovoked situation, that's a different story.

jumped over the 5 1/2 foot tall fence and went to attack the dog.
Not good even though the victims dog was not leashed. Was she cited at all? Don't forget to mention that her dog was not leashed and was acting aggressive too and she was trying to break up a dog fight and it may have been her OWN dog that bit her.
 

Phantom48volts

Junior Member
I'm not really concerned with what the insurance company says. It's more than obvious that if this gets reported to my home owners insurance regardless of fault (even if I'm not found negligent) my insurance will go through to roof. Besides how would you prove a landlord negligent? What I would like to know is about this list. People keep talking about a list of known vicious dogs. Where is this list...IS IT LAW. If it's not how can it be enforced if a temperament test cannot be. What I have found on miscellaneous sites i.e. dogbitelaw.com is that there is nothing that specifically calls out pitt bulls by name and for that matter any dog. It just list what defines a vicious dog i.e. unprovoked, no more than two incidents in the last 36 months etc...nothing about size or breed. This dog did not fall into those legal parameters. It also states that a dog cannot be considered dangerous if the person attacked was trespassing on private property...well I think that is pretty obvious.

I'm more concerned with the defense I have or don't have. MSIRON brings up a couple good points. Was she cited? Currently I am waiting for a copy of the police report to see if she was or not. Additionally, you're right...no one witnessed the actual incident other than her...who's to say it was my tenants dog that bit her. According to animal control just as many little dog bite incidents happen as do larger dogs, and Pitt Bulls are no more common than any other dog bite.

Regardless the tenant was reluctant to put his dog down, though not having much to give and wanting to protect his family from further damage he opted to do this and is suffering from it.

I guess what I'm looking at is this: a) the dog was provoked, b) it does not have any incidents at prior to this or specifically for the last 36 months c) the tenants dog passed a temperament test, d) the victim and her dog (unleashed) were trespassing, e) and there is a lack of witnesses that actually viewed this situation. Though none of these points would stand on their own I'm thinking as a whole they say a lot for the situation. With these points could a judge or jury WITHOUT A DOUBT say that my tenant or myself were negligent or even partially?
 

gawm

Senior Member
I would advise you to consult with an attorney. msirson brought up some really good points. I would also evict your tenets. Although I love pit bulls, I have no respect for irresponsible back yard breeders. It is unclear from your post, was this on your property or not? A 5 1/2 foot fence is no way adequate to keep in a pit bull. But if it still happened on your property I don't see it as anyone but the lady with the unleashed dog fault. If not for her breaking the law she would never have gotten between a dog fight. She is responsible for her own injury.
 

VeronicaLodge

Senior Member
as the owner of the property, you will probably have to defend this, but
as others have mentioned, I would focus on the fact that the pit was restrained, behind a fence, the other dog was not restrained and unleashed and initiated the attack, and then the owner intervened in a dog fight (which was started by her unleashed dog) and everyone knows never to get between two fighting dogs! and how can you know which dog bit her in that instance.

i have 3 dogs, none are vicious breeds, however, sometimes they get in fights (establishing dominance, over food, etc). I can tell a playful fight from a real fight, when a real fight happens, i clap and yell and try to break it up that way, and never try to physically break them up, i know better than that!
 

moburkes

Senior Member
I'm not really concerned with what the insurance company says.
What I would like to know is about this list. People keep talking about a list of known vicious dogs. Where is this list
If you're not concerned about what the insurance company says, then why are you looking for the insurance company's list?
 

Phantom48volts

Junior Member
I'm not concerned about the insurance company list, however everyone speaks of a "list" like it's law but no one can provide one. I'm not inquiring about insurance coverage or liability. I'm asking about what the law says...IS THERE A LIST under law. If the court says the dog is not vicious defined by law, and additionally neither myself or the tenant are found negligent then it never really matters what insurance companies would say. If they don't know how could that hurt me now. Later down the road that could become something else. I'm asking about right now and the question is about the law, what defense I have, and is it any good. Additionally, is there any thing else I can do? If I have to pay a lawyer to avoid thousands of dollars of the years of insurance cost then so be it...but is it worth it realistically.
 

tammy8

Senior Member
No responsible landlord rents to tenets wtih pits without KNOWING they have an active renter's policy.


Taken from www.iii.org

Dog bite liability
According to the Centers for Disease Control and Prevention, there are approximately 4.7 million dog bites per year. These bites cost the property/casualty insurance industry roughly $317.2 million in 2005.

Homeowners and renters insurance policies typically cover dog bite liability. The following tips can help reduce the chances of your dog biting someone:


Have your dog spayed or neutered. These procedures will greatly reduce the likelihood that the dog will bite.


Socialize your dog so that it knows how to act with other people and animals.


Play non-aggressive games with your dog such as "go fetch." Playing aggressive games like "tug-of-war" can encourage inappropriate behavior.


Avoid exposing your dog to situations in which you are unsure what the dog’s response will be.
Insurers may charge more for certain breeds of dogs. The following breeds or types of dog were responsible for the greatest number of dog bite-related fatalities over the 20-year period from 1979 to 1998, according to the Centers for Disease Control and Prevention ( http://www.cdc.gov ). The breeds are listed in declining order of fatalities:


"Pit Bull"

Rottweiler

German Shepherd Dog

"Husky"

Malamute

Doberman Pinscher

Chow Chow

Great Dane

Saint Bernard
 

Silverplum

Senior Member
Nobody "knows" pit bulls are friendly.
Plenty of people know they aren't friendly. They are, in fact, banned breeds in many cities.

Just FYI because you seem to be unclear about pit bulls.

What is the name of your state? California

A lady walking her dog unleashed passed my tenants house. Her dog went up to the house and started barking at my tenants dog. My tenants dog is a female pit bull that was at the time in heat. The female feeling territorial eventually jumped over the 5 1/2foot tall fence and went to attack the dog. The lady's dog was unharmed however while trying to get my tenants dog away she got bit on the hand (pinky finger - required a couple stitches). My tenant took her in and called the police while she made several threating comments. After the police arrived my tenant offered medical treatment which she denied in front of the officer. She did take my tenants offer to take her home. Later my tenant took both of his pit bulls to animal control where they did a temperament test. The boy passed with flying colors the girl (the one involved in the incident) passed but said she was a bit aggressive at first - probably due to her being in heat - according to animal control. Though as a precaution and recommendation by animal control my tenant opted to put his dog down after having her for five years and no incident with either dog. Everyone knows these dogs are friendly even the gardener tells me this. In fact it was a point that I made sure of when renting the property to them. This tenant has a new born and a two year old that play with both dogs all the time.

Now just recently I have received a letter from a lawyer requesting that I submit this to my home owners insurance or else they were going to bring a lawsuit against me. I contacted the lawyer and ended up leaving a message. He followed up by the next business day but I was unavailable. He mentioned that his client had suffered severe nerve damage and that she was getting continued medical attention. Since that time in the last two weeks I have tried to contact him an additional four times with no response. I want to verify this information he is claiming and the cost involved. My tenant offered to pay and his client denied. Now three months later she wants money and they are coming after me instead of going to the tenant first. Currently the house is not an LLC but it's pretty much the only asset I have at the moment and it's upside down - due to the market. What can they do? What can I do? What should I do?
 

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