controling a dog

[Oscar_Pebble]

What is the name of your state? NY

Two weeks ago, when I was walking my two dogs (Chow breed) at night, there was a small black dog (dachshund) without a leash wondering in a yard that is a public area. Since the dachshund was standing behind the bushes, I noticed him when it was already a few feet away from one of my dogs. I did not see the dachshund's owner, only noticed the door of an apartment (about 60 feet away) was wide opened.

At that time, my experience told me to stop moving and tried
not to make any sudden movement. About a feet apart, the dachshund and my dog kept sniffing each other for about 10 seconds. The dachshund, however, walk slowing towards my dog. Moments later, the dachshund's owner and her friends stepped out of the apartment. The dachshund turned suddenly and ran towards them. However, it was running in front of my dog, getting itself into my dog's vicinity. My dog leapped onto the dachshund and bit it.

They got into a fight. However, my dog is bigger than
the dachshund and it bit the dachshund at its back. I
had to open my dog's jaw. In doing so, the dachshund bit
me whenever he got a chance. My other dog did not get involved at all. I expressed my sympathy towards the dachshund , which
was obviously hurt. Later that night, I went to the ER to get medications for my hands.

Today I received the court papers. The dachshund's owner is accusing me for allowing my two dogs unlawfully at large and for allowing them attacking the dachshund.

My dogs are always on leash, no exception. Only one of them involved in the fight. The dachshund, however, was not on a leash. My dog bit the dachshund as it got itself too close to my dog and made a sudden movement.

I hope I will get a chance to explain everything in the court, especially what had happened before the dachshund's owner arrived at the scene. Should I accuse the dachshund's owner that her dog was not on leash and made false accusation about my other dog that was not involved?

I haven't been to the court before. Will the judge have enough time to hear all my explaination? What should I emphasis if he is pressed on time?

Any response will be greatly appreciated.

 

[JETX]

"Should I accuse the dachshund's owner that her dog was not on leash and made false accusation about my other dog that was not involved?"
*** Absolutely. Based on the information in your post, that is your defense. The other owner allowed his/her dog to roam free and, since your dogs were on a leash, you are not responsible for the injuries caused by their negligence.

"Will the judge have enough time to hear all my explaination?"
*** I don't know about 'time', but you will be given an opportunity to present your defense. Make it concise and complete. Do not ramble. I always suggest that the party (either plaintiff or defendant) make a chronological 'file' of the circumstances. Type it up. "Polish it". Then, if needed, you can use it as notes to remind you during your testimony.... or in most cases, you can simply read from it. Again, be concise and do not ramble.

"What should I emphasis if he is pressed on time?"
*** That if the claimed injuries were done by your dog, they are solely a result of the owners negligence in not controlling his/her animal.

Also, there are some NY statutes that support your case:
If in New York City, the NYC Health Code:
"§ 161.04. Dog Licenses.
(a) A dog license obtained in accordance with Chapter 115 of the New York State laws of 1894, as amended, shall be issued by the Department.
(b) Every person who owns, possesses or controls a dog shall not permit it to be in any public place, or in any open or unfenced area abutting on a public place, unless the dog has a collar about its neck with a currently valid metal tag attached thereto bearing the number of the license obtained for such dog in accordance with Chapter 115 of the Laws of 1894 of the State of New York, as amended or §§ 109 and 112 of the Agriculture and Markets Law.

§ 161.05. Dogs to be restrained.
A person who owns, possesses or controls a dog shall not permit it to be in any public place or in any open or unfenced area abutting on a public place unless the dog is effectively restrained by a leash or chain not more than six feet long."

If not in NY City, you should contact your local authorities to find what laws are in place for controlling dogs and prohibiting there 'roaming'. Also, you might want to review the NY Code at the following:
http://caselaw.lp.findlaw.com/nycodes/c4/a18.html

 

[Oscar_Pebble]

Abusing the system?

Thank you for your reply. Your advice is extremely valuable for my preparation.

After reading many posts, I am surprised to know that many innocent people are being sued. Is there any mechanism to protect innocent people like us? Is there any legal consequence the irresponsible people need to bear if they make false accusation?

These wrong accusations cause me much time to prepare materials for my defense and also affect my emotion.

 

[JETX]

"Is there any mechanism to protect innocent people like us?"
*** One of the great freedoms we enjoy is the right to take legal action against almost anyone over almost anything.

"Is there any legal consequence the irresponsible people need to bear if they make false accusation?"
*** In certain claims, the losing party can be forced to pay the expenses incurred by the defendant. But that would not apply in your situation.

 

[lwpat]

Many states have enacted laws against "frivolous lawsuits." The problem is that they are so watered down by the trial lawyers who control the legislatures that they are ineffective.

As these suits increase it is my hope that public pressure will cause these laws to be strengthened. You need to know who represents you and make your wishes known.

There is a mechanism to protect innocent people. Send me an email and I will send you the link.
[email protected]

 

[Oscar_Pebble]

justice is not done

I went to the dog trial today. Despite the fact that the Judge fully acknowledged the complainant's dog was not on leash, attended and approached my dog in a public area, he still found me guilty for letting my dog attacking the complainant's dog. He even told me to pay for the complainant's dog vet expense. I plan to appeal this case. Please let me know what else I can do to bring justice back. Thanks.

 

[Oscar_Pebble]

I made a typo in my previous post. The complainant's dog was unleashed and unattended.

 

[Terry7]

Was this Small Claims Action Heard by an Arbitrator ?
If so you can not appeal.

If the hearing was conducted w/o stenographics minutes taken, and you received a notice you could file a Trial De'Novo ,you could then file one,and the Judgement will be put on hold,and a NEW trial from scratch will be set up.
Although the plaintiff could bring up the prior Judges ruling ,and it might go against you.

The next step would be appeals.

Contact your local Small claims cler.,They have " A GUIDE TO SMALL CLAIMS COURT" NYS Unified Court System . It's a blue book.
Also the clerk can tell you what procedures you are entitled to.

That ruling is ridiculous !

 

[HomeGuru]

Was this Small Claims Action Heard by an Arbitrator ?
If so you can not appeal.

If the hearing was conducted w/o stenographics minutes taken, and you received a notice you could file a Trial De'Nova (sp),you could the file one,and the Judgement will be put on hold,and a NEW trial from scratch will be set up.
Although the plaintiff could bring up the pror Judges ruling and it might go agaist you.

The next step would be appeals.

Contact your local Small claims clerk,they have " A GIDE TO SMALL CLAIMS COURT" NYS Unified Court System . It's a blue book.
Also the clerk can tell you what proceedures you are entitled to.

That ruling is rediculous !

**A: and your spelling is still ridiculous. I had a Chevy Nova but never a Trial De Nova.

 

[Terry7]

**A: and your spelling is still ridiculous. I had a Chevy Nova but never a Trial De Nova.

Look it up !! And personally I would appriciate you putting me on Ignore, That's where I'm putting You.

Trial de novo = New Trial.

 

[HomeGuru]

Look it up !! And personally I would appriciate you putting me on Ignore, That's where I'm putting You.

**A: you spelled appreciate wrong and I would appreciate it if you spell correctly, use proper grammar & state the correct facts. We can't put you on Ignore although you are a close cousin, Ignorant. So if you keep spouting false and incorrect information, and use bad spelling and grammar, then expect that we will call you on it. Like We are doing here.

******

Trial de nova = New Trial.

**A: try again Ignorant; and this time you may want to use trial de novo.
Or maybe for you it should be brain de novo.

 

[JETX]

Further proof of that 'Terry7' is a legal illiterate.

In his first post, he said, "you could file a Trial De'Nova (sp)", and acknowledged that his spelling was suspect.

Later, he got argumentative when it was made clear that his spelling was wrong..... while misspelling it again!!!

So, in our never ending efforts to try to eliminate illiteracy by Terry7, I offer:

trial de novo
n. a form of appeal in which the appeals court holds a trial as if no prior trial had been held. A trial de novo is common on appeals from small claims court judgments.

 

[Terry7]

I just couldn't help myself from reading your post,even though you're on Ignore.


LOL You are a Senior member ,and don't know how to use Ignore ?

You are the one who is Ignorant. You have to use the term "WE ",like your speaking for everyone.

Why don't you go on your way and bother someone else ? Your a pest.

 

[Terry7]

Further proof of that 'Terry7' is a legal illiterate.

In his first post, he said, "you could file a Trial De'Nova (sp)", and acknowledged that his spelling was suspect.

Later, he got argumentative when it was made clear that his spelling was wrong..... while mispelling it again!!!

So, in our never ending efforts to try to eliminate illiteracy by Terry7, I offer:

trial de novo
n. a form of appeal in which the appeals court holds a trial as if no prior trial had been held. A trial de novo is common on appeals from small claims court judgments.

Misspelling is correct, not Mispelling .
Go get another $50.00 from Mom & Dad for what ever it is you use .

 

[HomeGuru]

I just couldn't help myself from reading your post,even though you're on Ignore.


LOL You are a Senior member ,and don't know how to use Ignore ?

You are the one who is Ignorant. You have to use the term "WE ",like your speaking for everyone.

Why don't you go on your way and bother someone else ? Your a pest.

**A: not only are you Ignorant but you are also an Idiot. The term we could stand for two or more people. And there is a consortium of Senior Members who I represent. We took a vote and voted you Idiot. If you don't want to be bothered simply leave this website.