Dog drags neighbor to lawsuit

[Worried in Wald]

What is the name of your state? NY

On April 1 2006, while walking my German Shepard mix as my next door neighbor arrived from work. My dog was so happy to see him that he broke free from his leash. He ran towards the neighbor, who then grabbed his leash. Moments later he started pulling my neighbor on his property to greet his dog. As my dog was pulling, the neighbor lost his footing and suffered a ruptured rotator cup (shoulder injury). He has undergone surgery and is now asking me to contact my Insurance Company. Because the injury was on his property, I did not contact my Insurance Company.

Does he have a case? Can he sue??

RSVP

 

[StickyFingers]

What is the name of your state? NY

On April 1 2006, while walking my German Shepard mix as my next door neighbor arrived from work. My dog was so happy to see him that he broke free from his leash. He ran towards the neighbor, who then grabbed his leash. Moments later he started pulling my neighbor on his property to greet his dog. As my dog was pulling, the neighbor lost his footing and suffered a ruptured rotator cup (shoulder injury). He has undergone surgery and is now asking me to contact my Insurance Company. Because the injury was on his property, I did not contact my Insurance Company.

Does he have a case? Can he sue??

RSVP

Please tell me if I am correct...

You lost control of your dog...He then *tried* to regain control of your dog and sustained an injury trying to control your dog.

Unless your neighbor admits some culpability (meaning your story is true)....Then I can totally see as how your neighbor could claim that you lost control of your animal and it went after his animal in a malicious manner....in trying to prevent your dog from injuring his ..he sustained an injury....

Either way....you are on the hook....Try to settle with your neighbor.

 

[Worried in Wald]

Please tell me if I am correct...

You lost control of your dog...He then *tried* to regain control of your dog and sustained an injury trying to control your dog.

Unless your neighbor admits some culpability (meaning your story is true)....Then I can totally see as how your neighbor could claim that you lost control of your animal and it went after his animal in a malicious manner....in trying to prevent your dog from injuring his ..he sustained an injury....

Either way....you are on the hook....Try to settle with your neighbor.

We are good neighbors and friends. As are the dogs (his and mine). I can see the way you are conceiving it, and it can put a new spin on things, however, our neighbor conveyed to a mutual friend that it was an accident on his part and he wasn't casting culpability on the dog or myself. He also stated that it was a dumb thing to do by wrapping his hand thru the handle.

I'm just worried that this may cost a friendship and a good neighbor.

RSVP

 

[StickyFingers]

I understand...BUT

I'm just worried that this may cost a friendship and a good neighbor.RSVP

It will...That is if you do not come to a neighborly/friendly settlement.

Or my scenario can easily come into play.

 

[Worried in Wald]

I understand...BUT



It will...That is if you do not come to a neighborly/friendly settlement.

Or my scenario can easily come into play.

Thnx, will take it under consideration. OK OK Will do...

I'll contact my Insurance Company based on the facts that IF we were to settle out things, what's to preclude him from suing after settling up. Money can be so cruel.

 

[StickyFingers]

Thnx, will take it under consideration. OK OK Will do...

I'll contact my Insurance Company based on the facts that IF we were to settle out things, what's to preclude him from suing after settling up. Money can be so cruel.

You're welcome.

Just letting you know if you do not settle it amicably between the two of you...my scenario can come into play.

Money can change people..especially when they percieve that they have been betrayed or wronged.

Honestly,...I would walk over there and ask what it would take for a settlement. After all, you will have to live next to this person for [however long you remain at your residence].

If you settle...Make sure there is documentation that does prevent him from seeking future compensation of damages.

IF he is a good neighbor and friend....then keep it that way.

Good luck!

 

[justalayman]

You're welcome.

Just letting you know if you do not settle it amicably between the two of you...my scenario can come into play.

Money can change people..especially when they percieve that they have been betrayed or wronged.

Honestly,...I would walk over there and ask what it would take for a settlement. After all, you will have to live next to this person for [however long you remain at your residence].

If you settle...Make sure there is documentation that does prevent him from seeking future compensation of damages.

IF he is a good neighbor and friend....then keep it that way.

Good luck!

Sticky, is there another possible outcome? (although this one would hurt the relationship as well)

The neighbor knew the dog and was comfortable with the dog and the dog's association with his dog. Now the OP's dog did break leash, it was not seen as a danger but the neighbor was merely attempting to control the dog. All of these things should be able to be proven.

Doesn't the neighbor actually hold some, if not all, of the responsibility here? His actions were the actions that were the determining factor of his injury, not actually the dogs. If he were to not taken the leash, there would have been absolutely no damages.

Why would this not fall under the catagory of sh*t happens and I'm sorry you got pooped on but it wasn't my fault.

 

[StickyFingers]

Sticky, is there another possible outcome? (although this one would hurt the relationship as well)

I do not think so. It comes down to 'control of your animal'. If the OP had not lost control of his animal...This would have never happened.

The neighbor knew the dog and was comfortable with the dog and the dog's association with his dog.

This point is moot.

Doesn't the neighbor actually hold some, if not all, of the responsibility here? His actions were the actions that were the determining factor of his injury, not actually the dogs. If he were to not taken the leash, there would have been absolutely no damages.

And,....If the OP NEVER lost control of his animal......This would not be an issue.

Remember...

My dog was so happy to see him that he broke free from his leash. He ran towards the neighbor,

Why would this not fall under the catagory of sh*t happens and I'm sorry you got pooped on but it wasn't my fault.

'Cause it boils down to negligence. Let me repeat..... If the OP had never lost control of his dog....We would not be discussing this.

***Based on the information given***

 

[justalayman]

Ok let me ask this then. If I was walking your dog (by choice) and recieved a similar injury due to the dog pulling, where is the liability there?

If it is on the person walking the dog, that may be able to be imposed onto the OP's situation. If it is on the dog and because of ownership the dog owner, don't bother reading any further.

The neighbor had control of the dog by choice and moments later (as in the neighbor had stopped the dog and then it pulled. Two different actions involved.)the dog pulled.
Although the dog was lost by the OP, the neighbor took and accepted and had control only later (although moments) was pulled by the dog.

There was no percieved danger from the dog, therefor the neighbor had no reason to stop the dog. While you put the blame on the OP, I put it on the neighbor. It was actually his actions that led to the injury, not the dog running loose. The damaging action actually was not caused because the dog was loose, it was caused because the neighbor took the leash. It would be the same as if the neighbor took the leash from the OP's hand. Now if the neighbor got knocked over by an uncontrolled dog, I can see your arguement but the neighbor had control. The neighbor had the choice of not taking the leash and based upon the OP's post, there would have been no injury or danger to anybody.

The only way I see the OP to be liable is if you were liable for the injuries your dog caused in my original scenario.

I expect BB to stop by and tell me it;s the same old proximate liability situation but I still believe the neighbor has at least some fault here.

 

[Shay-Pari'e]

What is the name of your state? NY

On April 1 2006, while walking my German Shepard mix as my next door neighbor arrived from work. My dog was so happy to see him that he broke free from his leash. He ran towards the neighbor, who then grabbed his leash. Didn't you just say he broke free from his leash?

Moments later he started pulling my neighbor on his property to greet his dog. Your dog pulled a neighbor to greet his dog?


As my dog was pulling, the neighbor lost his footing and suffered a ruptured rotator cup (shoulder injury). He has undergone surgery and is now asking me to contact my Insurance Company. Because the injury was on his property, I did not contact my Insurance Company.

Does he have a case? Can he sue?? Of course he can.


Sorry, late chiming in without reading others responses.

 

[StickyFingers]

Ok let me ask this then. If I was walking your dog (by choice) and recieved a similar injury due to the dog pulling, where is the liability there?If it is on the person walking the dog, that may be able to be imposed onto the OP's situation. If it is on the dog and because of ownership the dog owner, don't bother reading any further.

This is not an issue. The neighbor was not walking the OP's dog.

The neighbor had control of the dog by choice and moments later (as in the neighbor had stopped the dog and then it pulled. Two different actions involved.)the dog pulled. Although the dog was lost by the OP, the neighbor took and accepted and had control only later (although moments) was pulled by the dog.

OP was walking his dog.

Neighbor pulled up and started taking his dog out of the vehicle.

OP's dog broke loose from OP and ran towards the neighbors dog.

The neighbor, In an effort to restrain OP's out of control animal.. bent down to get the leash that was attached to the dog.

If OP had not lost control of his dog....The preceding events would not have occurred. The neighbor would have not been injured.

There was no percieved danger from the dog, therefor the neighbor had no reason to stop the dog. While you put the blame on the OP, I put it on the neighbor. It was actually his actions that led to the injury, not the dog running loose. The damaging action actually was not caused because the dog was loose, it was caused because the neighbor took the leash. It would be the same as if the neighbor took the leash from the OP's hand. Now if the neighbor got knocked over by an uncontrolled dog, I can see your arguement but the neighbor had control. The neighbor had the choice of not taking the leash and based upon the OP's post, there would have been no injury or danger to anybody.

The only way I see the OP to be liable is if you were liable for the injuries your dog caused in my original scenario.

I expect BB to stop by and tell me it;s the same old proximate liability situation but I still believe the neighbor has at least some fault here.

I understand where you are coming from. And with your input....I can only see this situation going one of two ways.

Sole responsibility on part of the OP....OR joint/shared negligence/responsibility on part of the neighbor.

But I do see the 'neighbor' being more 'clean' (not responsible) than the OP.

Hopefully BB will stop by.

But I do believe that it will come down to the Judge's decision...Ain't nothing like looking a person in the eye while the story is told. We are only hearing one side.

I agree to disagree.

Take care justalayman.

 

[Worried in Wald]

This is not an issue. The neighbor was not walking the OP's dog.



OP was walking his dog.

Neighbor pulled up and started taking his dog out of the vehicle. The neighbor was not taking his dog out of the vehicle, pls read my first post.

OP's dog broke loose from OP and ran towards the neighbors dog.

The neighbor, In an effort to restrain OP's out of control animal.. bent down to get the leash that was attached to the dog Out of control dog happened to be a "Service Dog".
If OP had not lost control of his dog....The preceding events would not have occurred. The neighbor would have not been injured.



I understand where you are coming from. And with your input....I can only see this situation going one of two ways.

Sole responsibility on part of the OP....OR joint/shared negligence/responsibility on part of the neighbor.

But I do see the 'neighbor' being more 'clean' (not responsible) than the OP. Please elaborate on this statement

Hopefully BB will stop by.

But I do believe that it will come down to the Judge's decision...Ain't nothing like looking a person in the eye while the story is told. We are only hearing one side.

I agree to disagree.

Take care justalayman.

Please take time to read my very first post concerning this issue. This matter was sent to the Insurance Company, and their initial impression is: "For Information Purposes Only" I am still in contact with my neighbor and I'm caring for the work around the house as while he heals. I have paid for his meds and co-pays. Much like a "Good Neighbor" would do, even if this unfortunate accident occurred.

 

[Worried in Wald]

Will keep you all posted on this developing situation as it unravels. The Insurance Investigator will be stopping over to see both myself an observe the dog. He will also take a statement from me. Hoping this nightmare will be over.

 

[Worried in Wald]

Re: Visit from Insurance Investigator.

Results: Ascertained that the dog was not hostile. Off the record answer " Sh!t happens"

Handler bears a small portion of culpa, neighbor took it upon himself to wrap leash around his wrist, lose footing on muddy downward grade, and ultimately admit that he was responsible. His bills are being addressed, as are his meds and therapy.

Thank you all for the good insight.

I'm pleased with the outcome

 

[Happy Trails]

Thanks for the update.

Now hopefully you and your neighbor won't have a strained relationship.