Putting my dog to "sleep"

[JustAPal00]

It's not how often they bite but how bad!

 

[stealth2]

I'd be interested in knowing whether the landlord knows about the dog and/or its history. 'Cause I'm betting OP will be looking for a new place to live soon.

 

[CJane]

I'd be interested in knowing whether the landlord knows about the dog and/or its history. 'Cause I'm betting OP will be looking for a new place to live soon.

Yeah, regardless of breed, I'm betting the landlord would have preferred not to have a dog with a known aggressive disorder living on his/her property.

When I moved into my new place, not only did I have to list the breed/size of my dog, I had to sign an affidavit stating that he was not aggressive and had NO history of biting humans or other animals. I'm betting that's not that uncommon.

The people next to me with the Boxer actually had to have a vet certify that the dog was not considered aggressive before gaining approval to bring their pet onto the property.

Of course they probably don't make owners of chihuahuas do the same even though they're the most evil dog on the planet.

 

[pinballguy]

If you have renter's insurance, they will take care of everything. They will probably refuse to insure you at renewal due to the presence on your property of the dog, however, so you may end up paying more for insurance elsewhere.

People here need to realize that a dog can not/should not be muzzled long-term (i.e., while the owner is out).

Also, you MAY have a defense here of provocation which would deflect a claim against your insurance, if it is found to be a valid defense in this situation. It would be best to avoid any claim against your insurance if it can be avoided.

My understanding, though, is that the dog does NOT have to be put to sleep. Your insurance may stipulate that they will cancel your insurance unless you get rid of the dog (i.e., by giving it away), but I don't believe you will be REQUIRED to put the animal down.

Good luck!

 

[CJane]

People here need to realize that a dog can not/should not be muzzled long-term (i.e., while the owner is out).

Really? Because when I trained greyhounds, they were muzzled 24/7 unless kenneled seperately from all other dogs/people. A racing greyhound in top form is a VERY aggressive animal and it would be stupid to keep an animal of that nature with other animals/anywhere people could come into contact with them unmuzzled.

My german shepard was muzzled any time we were out in public. Didn't matter for how long. He was VERY mouthy (never bit anyone) and I didn't want anyone being scared of the 120 pound dog grabbing their hand to say hi.

My current dog - a very well behaved (though also mouthy) retreiver/collie cross without a single aggressive bone in his body is muzzled when going to the dog park or if I will be gone when maintenance workers are going to be entering my apartment. If he's not muzzled, he's crated.

That is responsible dog ownership. Especially with a known biter. If OP was responsible and against the use of a muzzle, he should have crated the dog.

Also, you MAY have a defense here of provocation which would deflect a claim against your insurance, if it is found to be a valid defense in this situation. It would be best to avoid any claim against your insurance if it can be avoided.

His 'belief' that the dog was kicked is NOT a provocation defense unless the bitee admits to being a kicker.

My understanding, though, is that the dog does NOT have to be put to sleep.

Let's examine the CA statutes that apply here...

§ 31603. Vicious dog defined
" Vicious dog" means any of the following:

(a) Any dog seized under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code.

(b) Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being.

(c) Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in Section 31602 or is maintained in violation of Section 31641, 31642, or 31643.


§ 31604. Severe injury defined
"Severe injury" means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

OP himself said "I took the person to the hospital and he needed stitches."

OP also said "he ran towards him barking and he slammed the dogs head in the door, the dog then squeezed out and bit him"

The dog was coming at the guy who got bit. The guy attempted to defend himself by slamming the door and possibly kicking the dog. But there is NO indication at all that the guy was provoking the dog prior to the dog 'running towards him barking'.

Your insurance may stipulate that they will cancel your insurance unless you get rid of the dog (i.e., by giving it away),

This depends on the policy, and we don't know what it says. It's very possible that there are breed exclusions in the policy OR that there are 'aggressive dog' exclusions and the guy admits that this dog has a HISTORY of biting and a KNOWN aggression disorder.

but I don't believe you will be REQUIRED to put the animal down.

Let's look at statutes again.

§ 31645. Destruction; nondestruction, conditions; enclosures

(a) A dog determined to be a vicious dog may be destroyed by the animal control department when it is found, after proceedings conducted under Article 2 (commencing with Section 31621), that the release of the dog would create a significant threat to the public health, safety, and welfare.

(b) If it is determined that a dog found to be vicious shall not be destroyed, the judicial authority shall impose conditions upon the ownership of the dog that protect the public health, safety, and welfare.

(c) Any enclosure that is required pursuant to subdivision (b) shall meet the requirements of Section 31605.

and...

§ 3342.5. Duty of owner; action; dogs trained to fight, attack, or kill; legislation by city and county

(a) The owner of any dog that has bitten a human being shall have the duty to take such reasonable steps as are necessary to remove any danger presented to other persons from bites by the animal.

(b) Whenever a dog has bitten a human being on at least two separate occasions, any person, the district attorney, or city attorney may bring an action against the owner of the animal to determine whether conditions of the treatment or confinement of the dog or other circumstances existing at the time of the bites have been changed so as to remove the danger to other persons presented by the animal. This action shall be brought in the county where a bite occurred. The court, after hearing, may make any order it deems appropriate to prevent the recurrence of such an incident, including, but not limited to, the removal of the animal from the area or its destruction if necessary.

 

[stealth2]

My understanding, though, is that the dog does NOT have to be put to sleep. Your insurance may stipulate that they will cancel your insurance unless you get rid of the dog (i.e., by giving it away), but I don't believe you will be REQUIRED to put the animal down.

Good luck!

The town or county may, however, require it. Many places have a two strikes and you're out rule when it comes to aggressive dogs.

The landlord's homeowners insurance may well cancel HIS policy as a result unless the dog is removed from the premises. That's one reason why so many landlords will not rent to people with dogs.

 

[pinballguy]

"Never exercise your dog with a muzzle. A dog sweats by panting and can quickly overheat if its mouth is clamped shut."

"Do not leave your dog with a muzzle unattended. Dogs have died, or less serious, they figure out how to remove the muzzle. Muzzles are by no means 100% effective."

 

[Just Blue]

"Never exercise your dog with a muzzle. A dog sweats by panting and can quickly overheat if its mouth is clamped shut."

"Do not leave your dog with a muzzle unattended. Dogs have died, or less serious, they figure out how to remove the muzzle. Muzzles are by no means 100% effective."

There is a difference between a hard muzzle and a "soft" muzzle. A soft muzzles is perfectly safe for the dog.

http://www.drsfostersmith.com/product/prod_display.cfm?pcatid=676&ref=3928&subref=AA&cm_mmc=PPC-_-Google-_-Dog-_-dog%20muzzles&s_kwcid=dog%20muzzles|914575221

 

[CJane]

"Never exercise your dog with a muzzle. A dog sweats by panting and can quickly overheat if its mouth is clamped shut."

"Do not leave your dog with a muzzle unattended. Dogs have died, or less serious, they figure out how to remove the muzzle. Muzzles are by no means 100% effective."

You've never seen a soft muzzle or a greyhound muzzle have you? The animal can open their mouth, eat, drink, etc. The dog CANNOT bite. And that would be the purpose of a muzzle.

And while OF COURSE a muzzle is by no means 100% effective, it's a good start. Gawd, a crate is by no means 100% effective. My grayhound (never raced) chewed her way out of a crate, chewed through the basement door, and tore apart my kitchen when left home while I was at work. After that she was crated AND muzzled unless she was left outside to run on the acreage (muzzled to keep her from harming small animals as greyhounds are wont to do). She lived to a ripe old age... never once died from lack of sweat.

Get yourself down to the track. Tell the guys running hounds not to have them muzzled while they exercise. They'll laugh your butt out of the paddock.

 

[msiron]

"Never exercise your dog with a muzzle. A dog sweats by panting and can quickly overheat if its mouth is clamped shut."

"Do not leave your dog with a muzzle unattended. Dogs have died, or less serious, they figure out how to remove the muzzle. Muzzles are by no means 100% effective."

Where do you get your info from?. They can breath fine, and pant well in a muzzle, their mouths are not clamped shut, talk to any K9 trainer. You can buy a muzzle with a 'bite bar' so the dog can still get the bite.

I just came back from training my 2 dogs and half of the time they were muzzled, doing muzzle work. (in the sun and heat) When muzzles are fitted properly they are safe and all the dog can do is body slam.

How to fit a muzzle? After it's strapped on, hold each side and pull up lifting the dog off the ground. If not fitted tightly it will slip off, if it doesn't slip off it's safe. 99.9% safe.

 

[kdhohio]

Not choosing sides here. Obviously the law is what it is but the site Bay listed:


http://www.drsfostersmith.com/product/prod_display.cfm?pcatid=676&ref=3928&subref=AA&cm_mmc=PPC-_-Google-_-Dog-_-dog%20muzzles&s_kwcid=dog%20muzzles|914575221

Clearly states: A muzzle is for restraint and not punishment. Muzzle should fit snug, not tight. Not to be used for more than 20 minutes at a time. Do not leave dog unattended when using muzzle. Not recommended for warm weather.

I own 5 dogs and not 1 muzzle but just because you can jump on, pull hair, scare or run any animal over them and they won't so much as growl otherwise they wouldn't receive a home with me.

 

[CCMominVA]

I own 5 dogs and not 1 muzzle but just because you can jump on, pull hair, scare or run any animal over them and they won't so much as growl otherwise they wouldn't receive a home with me.

This is another extremely humane muzzle that has great results on our 90 lb Lab, who can be extremely mouthy, but wouldn't hurt a fly.....he just uses his mouth for 90% of his work around the house. He can drink, pant, bark, the only thing he is limited in is what he's able to get his mouth on. He wears this all the time when we are out and about.

http://www.dogmuzzle.com/itbaspoldogm5.html

I think prevention is EVERYTHING.

 

[JustAPal00]

The problem is so many young people buy these aggressive dogs that they don't have time to properly train.

 

[tammy8]

Wonder what OP found out from his insurance company???????????????