Dog bites other dog

[quincy]

Was the small dog contained so that it could not step off the owner's property? Did your dog go off the sidewalk onto the small dog owner's property to bite the small dog? If the answer is yes to either of those, you are responsible. You (your dog) were trespassing on someone else's property and attacked a dog that was contained within that property.

That is not true under Georgia law. Please read the law linked to previously.

 

[AlmostThere]

That is not true under Georgia law. Please read the law linked to previously.

That law pertains to vicious animals - animals with a bite history.

I think this applies more closely:
https://www.animallaw.info/statute/ga-dog-consolidated-dog-laws#s4

The OP's dog was off his property. The small dog was not.

 

[quincy]

That law pertains to vicious animals - animals with a bite history.

I think this applies more closely:
https://www.animallaw.info/statute/ga-dog-consolidated-dog-laws#s4

The OP's dog was off his property. The small dog was not.

Again, it doesn’t matter.

Read the cases in the link I provided. In Georgia, a dog trespassing on another’s property on its own is not enough to make the dog owner liable for resulting dog bites. The dog owner must be proved to have known their dog was vicious or dangerous prior to the dog bite/dog attack for the dog owner to have liability.

In law, “scienter” is a necessary and a material fact which must be shown before there can be a finding of liability. For dog bites in Georgia, this necessary and material fact is that the dog owner was aware of the dog’s propensity to bite, was aware prior to the bite/attack that the dog was dangerous or vicious. Without that proof, the dog owner cannot be held liable for the dog bite injuries. The dog owner can only be held responsible for any other violations, like leash law violations or lack of proper licensing or lack of up to date vaccinations or some other possible ordinance.

 

[Cara.M]

Was the small dog contained so that it could not step off the owner's property? Did your dog go off the sidewalk onto the small dog owner's property to bite the small dog? If the answer is yes to either of those, you are responsible. You (your dog) were trespassing on someone else's property and attacked a dog that was contained within that property.

I guess, by this standard, I was wholly responsible. I wish I could show the scene - the sidewalk is literally 1.5' wide - very narrow - and the small dog was able to reach the end of what I guess was the owner's property on the leash. Even if my dog stayed on the sidewalk and her dog was on the property, my dog could've reached her just by her neck length, without even stepping onto the woman's walkway (which she *did* do).

See my update.

 

[Cara.M]

To update: so far, we seem to have avoided any further action. Besides immediately paying the woman's vet bills and dropping off a small gift card for her to treat her recovering dog, I stayed in contact only occasionally, via text, to see if her dog was, in fact, recovering well. She was gracious and the dog had no setbacks and has now had her stitches removed. The "victim's" owner was very kind and was grateful that I was concerned. Admittedly, I was almost as concerned about being sued and my dog being labeled or taken as I was about her dog's health but, as a dog lover, I *was* genuinely concerned about her dog's well-being and made sure to convey that.

I got lucky this time. I am now very careful where I walk my dog, who is around us, and am considering muzzling her and maybe walking the 2 dogs separately.

 

[quincy]

To update: so far, we seem to have avoided any further action. Besides immediately paying the woman's vet bills and dropping off a small gift card for her to treat her recovering dog, I stayed in contact only occasionally, via text, to see if her dog was, in fact, recovering well. She was gracious and the dog had no setbacks and has now had her stitches removed. The "victim's" owner was very kind and was grateful that I was concerned. Admittedly, I was almost as concerned about being sued and my dog being labeled or taken as I was about her dog's health but, as a dog lover, I *was* genuinely concerned about her dog's well-being and made sure to convey that.

I got lucky this time. I am now very careful where I walk my dog, who is around us, and am considering muzzling her and maybe walking the 2 dogs separately.

Thank you for the positive news update, Cara.

It is nice to hear that the injured dog has fully recovered and that the dog owner seems to be satisfied with just your concern and your covering the veterinarian expenses. I think you are smart to consider ways to possibly prevent any accidents in the future by using muzzles.