German Shepherd Incident

[clp86rom]

What is the name of your state (only U.S. law)? California

Is a dog owner responsible to pay off the worker's compensation insurance expenses if the dog owner is technically not at fault?

Situation: A German Shepherd was being walked by its owner (off the leash) at a local field (which also gets used by a High School during PE classes) when a class of PE students with their teacher came out, the German Shepherd from excitement, ran towards the students and teacher but DID NOT BARK OR BITE ANYONE AT ALL. Being a pure healthy full size breed, the students got scared by its size yet once again, the German Shepherd did not react in any harmful way at all to harm anyone. The German Shepherd was just circling the students and their teacher. At the point, the teacher being a pet owner herself and not being scared of dogs at all, decided to go and grab the German Shepherd by its leash collar in order to hold the dog in place. Doing so quickly and not looking carefully to recognize it was a pinch (metal) leash collar, the teacher got a deeper (stitch required) scratch on her finger. Teacher report to the owner, school, and worker's compensation insurance the same story that it was not the dog's fault at all, he did not harm anyone, he did not bark, he did nothing bad but circle us from excitement, yet it was just my unawareness of the dog having a pinch collar at the time that caused my injury.

Now months later, the worker's compensation insurance for the school is trying to come after the dog owner for the medical expenses incurred by the teacher and her injury in regards to the German Shepherd.

 

[Antigone*]

What is the name of your state (only U.S. law)? California

Is a dog owner responsible to pay off the worker's compensation insurance expenses if the dog owner is technically not at fault?

Situation: A German Shepherd was being walked by its owner (off the leash) at a local field (which also gets used by a High School during PE classes) when a class of PE students with their teacher came out, the German Shepherd from excitement, ran towards the students and teacher but DID NOT BARK OR BITE ANYONE AT ALL. Being a pure healthy full size breed, the students got scared by its size yet once again, the German Shepherd did not react in any harmful way at all to harm anyone. The German Shepherd was just circling the students and their teacher. At the point, the teacher being a pet owner herself and not being scared of dogs at all, decided to go and grab the German Shepherd by its leash collar in order to hold the dog in place. Doing so quickly and not looking carefully to recognize it was a pinch (metal) leash collar, the teacher got a deeper (stitch required) scratch on her finger. Teacher report to the owner, school, and worker's compensation insurance the same story that it was not the dog's fault at all, he did not harm anyone, he did not bark, he did nothing bad but circle us from excitement, yet it was just my unawareness of the dog having a pinch collar at the time that caused my injury.

Now months later, the worker's compensation insurance for the school is trying to come after the dog owner for the medical expenses incurred by the teacher and her injury in regards to the German Shepherd.

As they very well should. His pet should have been on a leash. Either that or you pay for your own injury.

 

[Zigner]

What is the name of your state (only U.S. law)? California

Is a dog owner responsible to pay off the worker's compensation insurance expenses if the dog owner is technically not at fault?

So, the teacher was trying to protect the students from the dog owner's negligence and got hurt. TECHNICALLY, the owner IS at fault, so the question is moot.

Situation: A German Shepherd was being walked by its owner (off the leash) at a local field (which also gets used by a High School during PE classes) when a class of PE students with their teacher came out, the German Shepherd from excitement, ran towards the students and teacher but DID NOT BARK OR BITE ANYONE AT ALL. Being a pure healthy full size breed, the students got scared by its size yet once again, the German Shepherd did not react in any harmful way at all to harm anyone. The German Shepherd was just circling the students and their teacher. At the point, the teacher being a pet owner herself and not being scared of dogs at all, decided to go and grab the German Shepherd by its leash collar in order to hold the dog in place. Doing so quickly and not looking carefully to recognize it was a pinch (metal) leash collar, the teacher got a deeper (stitch required) scratch on her finger. Teacher report to the owner, school, and worker's compensation insurance the same story that it was not the dog's fault at all, he did not harm anyone, he did not bark, he did nothing bad but circle us from excitement, yet it was just my unawareness of the dog having a pinch collar at the time that caused my injury.

Now months later, the worker's compensation insurance for the school is trying to come after the dog owner for the medical expenses incurred by the teacher and her injury in regards to the German Shepherd.

 

[Zigner]

As they very well should. His pet should have been on a leash. Either that or you pay for your own injury.

Tigi - I suspect our OP is either the dog owner, or posting on behalf of the dog owner.

 

[Antigone*]

Tigi - I suspect our OP is either the dog owner, or posting on behalf of the dog owner.

Teacher report to the owner, school, and worker's compensation insurance the same story that it was not the dog's fault at all, he did not harm anyone, he did not bark, he did nothing bad but circle us from excitement, yet it was just my unawareness of the dog having a pinch collar at the time that caused myinjury.

This lead me to believe the poster is the teacher. But today is lie-to-the-forum day, so who the heck knows

 

[Mass_Shyster]

So, the teacher was trying to protect the students from the dog owner's negligence and got hurt. TECHNICALLY, the owner IS at fault, so the question is moot.

the German Shepherd did not react in any harmful way at all to harm anyone

The dog owner should tell the insurance company to pound sand.

 

[Zigner]

This lead me to believe the poster is the teacher. But today is lie-to-the-forum day, so who the heck knows

You could be right...

 

[Zigner]

The dog owner should tell the insurance company to pound sand.

Yes, at first, sure. Of course, once a law-suit is filed, that advice goes out the window.

 

[Zigner]

The dog owner should tell the insurance company to pound sand.

the German Shepherd did not react in any harmful way at all to harm anyone

Except for "...German Shepherd was just circling the students and their teacher." Yeah, that's not menacing at all to ANYONE there, right?

 

[clp86rom]

This lead me to believe the poster is the teacher. But today is lie-to-the-forum day, so who the heck knows

I am sorry for the grammar mistakes...

Let me try this again.

Teacher reported to the owner, school, and worker's compensation insurance the same story that it was not the dog's fault at all, he did not harm anyone, he did not bark, he did nothing bad but circle them from excitement, yet it was just her unawareness of the dog having a pinch collar at the time that caused her injury.

The poster in this case is the dog owner trying to understand what are his responsibilities. Thank you.

 

[Antigone*]

I am sorry for the grammar mistakes...

Let me try this again.

Teacher reported to the owner, school, and worker's compensation insurance the same story that it was not the dog's fault at all, he did not harm anyone, he did not bark, he did nothing bad but circle them from excitement, yet it was just her unawareness of the dog having a pinch collar at the time that caused her injury.

The poster in this case is the dog owner trying to understand what are his responsibilities. Thank you.

Your dog was off the leash and therefore not under your control. This is your responsibility Mr. Dogowner.

 

[clp86rom]

Your dog was off the leash and therefore not under your control. This is your responsibility Mr. Dogowner.

So the dog was off the leash => dog owners fault.
Not under dog owners control => dog owners fault.
IF dog bites therefore injures someone => dog owners fault.


Dog DOES NOT BITE therefore DOES NOT INJURE anyone => dog owner not at fault.

Teacher had no obligation to grab the dog and she specifically said it was not the dog's fault at all, so why responsibility of dog owner?

 

[Zigner]

So the dog was off the leash => dog owners fault.
Not under dog owners control => dog owners fault.
IF dog bites therefore injures someone => dog owners fault.


Dog DOES NOT BITE therefore DOES NOT INJURE anyone => dog owner not at fault.

Teacher had no obligation to grab the dog and she specifically said it was not the dog's fault at all, so why responsibility of dog owner?

Because you were allowing the dog to roam at large, thus endangering others.

Look, if what you WANTED was for people to tell you that you're right and that you have no responsibility what-so-ever, why didn't you just say so in the initial posting? Would have saved us a lot of time typing out the correct answer, since you don't want to hear it.

 

[Antigone*]

Ok, here is the answer you want.

Tell the insurance company to pound sand.

DISCLAIMER: This is a bogus response to appease the OP.

 

[clp86rom]

Because you were allowing the dog to roam at large, thus endangering others.

Look, if what you WANTED was for people to tell you that you're right and that you have no responsibility what-so-ever, why didn't you just say so in the initial posting? Would have saved us a lot of time typing out the correct answer, since you don't want to hear it.

No, this is not the case (if it would, it would be a waste of my time as well), but i am trying to understand this scenario and the dog owner's responsibilities from all the different angles by asking and giving the different situations and positions but from what i can tell and understand so far, no matter what the circumstance is/was, the fact that the dog was off the leash is just the dog owner's responsibility period?!