Dog attack

[Just Blue]

That could all be evidence to use against the dog owner.

Had rob-cal been more careful climbing down from the fence after the dog and dog owner left, there would have been no injury, however.

So was it the dog that caused the injury or rob-cal?

I think without good supportive evidence, rob-cal will have a difficult time getting a judgment for medical expenses.

But for the action s, or lack there of, of the dog owner OP would never have had to climb the fence i the first place.

 

[quincy]

But for the action s, or lack there of, of the dog owner OP would never have had to climb the fence i the first place.

But for the fence climbing, there is nothing to say there would have been an injury at all.

German Shepards can be aggressive but not all of them are. Not all dogs bite. And we don't know if rob-cal might have done something to elicit the dog's response.

Witnesses could help. But I do not see a clear-cut victory for rob-cal in court.

 

[xylene]

But for the fence climbing, there is nothing to say there would have been an injury at all.

But for the fence climbing there might have been a devastating bite to rob-cal's genitals.

The dog menaced rob-cal. The question is evidentiary, because there are very few 'elicting behaviors' a human can do where an off leash dog of a notoriously dangerous breed are actually affored latitude to be justified in menacing a human.

 

[HighwayMan]

The dog menaced rob-cal.

That's pure speculation. Maybe the dog was looking to play and the OP misread the dogs intentions - happens all t he time. If the dog was looking to "attack" the OP he would have gotten a bite.

 

[quincy]

But for the fence climbing there might have been a devastating bite to rob-cal's genitals.

The dog menaced rob-cal. The question is evidentiary, because there are very few 'elicting behaviors' a human can do where an off leash dog of a notoriously dangerous breed are actually affored latitude to be justified in menacing a human.

I think you are making assumptions. And German Shepards are not a "notoriously dangerous breed."

The fence climbing might have prevented a bite if the dog was intent on biting - but at least a bite would have provided better evidence that the dog caused the injury.

 

[Zigner]

In other words: The big money is in the bite, not the bark.

 

[quincy]

That is how it often works.

I see this mostly as rob-cal causing injury to him/herself.

This is not that different really from someone climbing onto a chair to escape a mouse - and then falling off the chair.

And yes. I am comparing a German Shepard to a mouse. They both can instill the same degree of fear in some people.

 

[xylene]

But for some reason it is is only legal to set deadly traps and leave poison bait for stray mice.

Darn! What a shame.

 

[quincy]

But for some reason it is is only legal to set deadly traps and leave poison bait for stray mice.

Darn! What a shame.

Ahh, xylene. Never met a dog you didn't hate.

 

[Whoops2u]

My aunt was deathly afraid of dogs. We had an old cocker spaniel that was very old, near blind and couldn't move fast enough to flap her ears. The aunt was in the house when Ginger strolled into the room in a way any normal person would find completely unoffensive. Aunt flipped out, started screaming and jumped up on the chair. It took a while for us to understand and it finally dawned on us it was the dog. We removed her and everything was fine.

But, if something happened, you take the victim as you find him. Unreasonable fear of dogs (not that I'm claiming it is the case here) is as much of a pre-existing condition as having an eggshell skull. The issue will not so much be on damages but on proximate cause. Could the injury be reasonably foreseeable? Jumping on a fence to escape a dog seems reasonably foreseeable to me.

 

[quincy]

Climbing down from the fence is what caused the injury.

I don't see fence-climbing as reasonably foreseeable. I see running as reasonably foreseeable.

 

[xylene]

Let's say the OP is Usain Bolt. Average german shepard is gonna catch him running.
Dogs run super well, much faster than humans. Dogs climb very poorly.

 

[Whoops2u]

Climbing down from the fence is what caused the injury.

I don't see fence-climbing as reasonably foreseeable. I see running as reasonably foreseeable.

What are your feelings about foreseeable injury from helping a man carrying a box jump on a train pulling out of the station? What if the jumping man dropped the box, which happened to contain fireworks, the box exploded and a woman "at some distance" had a scale fall on her head from the explosion?

Poor old Ms. Palsgraf. She lost. Today, she'd win.

 

[quincy]

Let's say the OP is Usain Bolt. Average german shepard is gonna catch him running.
Dogs run super well, much faster than humans. Dogs climb very poorly.

Dogs also like to chase, play and lick.

I think rob-cal has an uphill battle in court unless there were witnesses to the incident.

 

[rob-cal]

Hello everyone,
I like to thank all to take the time to reply to my post. Here are some facts;
1.- I was waking on the opposite side of the street.
2.- The attack occurred near a middle school ( I climb the school fence).
3.- the dog came running at me, I was not going to wait to see if the dog wanted to play or not, I ran as fast as I could.
4.- I did contact LASD police to obtain a copy of any images they may have ( school has a sign " all activities monitor video"
but they don't have any cameras pointing that direction.
5.- I knocked on 2 houses with video cameras, they don't save images after 48 hours.
6.- I was able to take some pictures with the dog owner holding the dog by the collar (no dog leash)
7.-The same dog chased my daughter few months before, I did not report the incident to be a good neighbor.
8.- According to the lawyer insurances companies have a list of dog breeds they cover, therefore no money for the lawyer
is because the insurance will cancel the policy but they will not pay. As the lawyer told me ok we take them to court we win the case no insurances; who is going to pay?
9.- but for the that the dog chased me I would not have claimed the fence, I'm too old and sick.
10.- my daughter did an animal attack report the same day I did.

I hope this helps.

thanks for your time!