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Dog fight liability question

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TIZHERSELF

Junior Member
State of Alaska

A short while ago, while I was walking my dog on a leash, a small unleashed dog came flying from a house across the street at my dog and myself.
As he jumped for us, my dog grabbed the small dog and started shaking him around. Another man came running across the street. About the moment that I pulled my dog over on myself and away from the other dog, the man swung his foot and kicked me hard in the leg. He said he was aiming for my dog. Another man came over and picked up the little dog, who was now bleeding and carried him into the house. The man who kicked me was ranting about dogs roaming the street and I pointed out that MY dog was on a leash clear across the street when the little dog came at us. A woman came out of the house and asked if I was alright and said it was her little dog. I told her I was very sorry that her dog got hurt, but that it was the one who attacked. My dog was limping from where I fell over on him. I gave her my number while the man down the street was still yelling about how he meant to kick my dog and not me.
My dog is 7 years old and I've never had this kind of problem.

I need to know what, if any liability I may have.

Thanks for your help!What is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
Based on what you have described, you would have no liability in this.

Did your injuries require medical attention? The dog owner and/or the person who kicked you may have liability for that.
 

sandyclaus

Senior Member
State of Alaska

A short while ago, while I was walking my dog on a leash, a small unleashed dog came flying from a house across the street at my dog and myself.
As he jumped for us, my dog grabbed the small dog and started shaking him around. Another man came running across the street. About the moment that I pulled my dog over on myself and away from the other dog, the man swung his foot and kicked me hard in the leg. He said he was aiming for my dog. Another man came over and picked up the little dog, who was now bleeding and carried him into the house. The man who kicked me was ranting about dogs roaming the street and I pointed out that MY dog was on a leash clear across the street when the little dog came at us. A woman came out of the house and asked if I was alright and said it was her little dog. I told her I was very sorry that her dog got hurt, but that it was the one who attacked. My dog was limping from where I fell over on him. I gave her my number while the man down the street was still yelling about how he meant to kick my dog and not me.
My dog is 7 years old and I've never had this kind of problem.

I need to know what, if any liability I may have.

Thanks for your help!What is the name of your state (only U.S. law)?
You should have no liability here. You were in control of your dog by walking him on the leash. You responded to someone else's uncontrolled dog coming at you and your dog.

If the other dog was injured as a result, then any liability falls squarely on the owner for failure to control their dog.
 

Banned_Princess

Senior Member
I would have kicked that tiny charging dog clear back across the street.


that would have been acceptable in this case. It would have been way less damaging then my dog getting at it.
 

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