Dog Escape and Attack

[daniel.g]

Hi everyone,

I'm not sure where exactly to submit this, so I'm sorry if it's in the wrong place.

A couple friends of mine have some dogs. I stopped by their house to visit for a bit, but they were not home at the time. One of our other friends was there at the time because she's staying with them for a bit. While I was there, she went outside to take out the trash. She kicked the door closed and it appeared to be shut. I guess it didn't latch completely, and the dogs were able to push the door open and got outside. While they were out, the bigger one attacked a small dog and left a minor gash on its neck. We had to call one of our friends who lives at the house and she had to rush home to go with the owner of the victim dog to an emergency vet and pay any medical bills. She isn't the owner of the attack dog though. Our other friend who lives at the house is. Who is at fault here? Is it our friend who left the door open without realizing it, or is it the owner of the dog for raising it to be aggressive?

 

[Ohiogal]

Hi everyone,

I'm not sure where exactly to submit this, so I'm sorry if it's in the wrong place.

A couple friends of mine have some dogs. I stopped by their house to visit for a bit, but they were not home at the time. One of our other friends was there at the time because she's staying with them for a bit. While I was there, she went outside to take out the trash. She kicked the door closed and it appeared to be shut. I guess it didn't latch completely, and the dogs were able to push the door open and got outside. While they were out, the bigger one attacked a small dog and left a minor gash on its neck. We had to call one of our friends who lives at the house and she had to rush home to go with the owner of the victim dog to an emergency vet and pay any medical bills. She isn't the owner of the attack dog though. Our other friend who lives at the house is. Who is at fault here? Is it our friend who left the door open without realizing it, or is it the owner of the dog for raising it to be aggressive?

The friend who let the dog out is responsible. The owner of the dog raised it to be aggressive? Really? How did the owner do that? How many times has the dog attacked people in the house? How many times has the dog previously attacked other animals?

 

[adjusterjack]

Who is at fault here? Is it our friend who left the door open without realizing it, or is it the owner of the dog for raising it to be aggressive?

The friend who left the door open.

However, many states also hold the dog's owner strictly liable for the acts of the dog.

So it would help to know the state that this occurred in.

 

[Zigner]

Even if the owner raised the dog to be aggressive (really?), the owner wouldn't have liability because of that.

 

[adjusterjack]

Even if the owner raised the dog to be aggressive (really?), the owner wouldn't have liability because of that.

Right. Not just because of that.

 

[AlmostThere]

Where did the attack happen?

Where did the attack take place? Was the smaller dog on or off the property where larger dog owner lives?

 

[daniel.g]

I had a feeling it was the fault of the person who left the door open. I was really hoping it wasn't because they're in an extremely tough spot at the moment, but it is what it is. Also, this happened in Florida. Does that change anything?

 

[daniel.g]

And if happened in the parking lot right outside their apartment.

 

[quincy]

I had a feeling it was the fault of the person who left the door open. I was really hoping it wasn't because they're in an extremely tough spot at the moment, but it is what it is. Also, this happened in Florida. Does that change anything?

Following is a link to Florida's dog laws, daniel.g.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0767/0767.html

See Sections 767.01 and 767.04.

It sounds to me as if the owner of the attacking dog can be held liable for the injuries to the other dog, depending on other facts not yet disclosed (e.g., the location of the injured dog when attacked, if it was leashed or loose).