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Dog Bite - Responsibility Animal Injury, Dog Bite

Discussion in 'Accidents, Injuries, Negligence' started by FlaRiptide, Feb 9, 2009.

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  1. FlaRiptide

    FlaRiptide Law Topic Starter New Member

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    I recently learned that the city has revised the leash law and now permits unleashed dogs in several city parks. The dogs must be within 100 feet of the owner and under voice control.

    I enjoy walking my large breed dogs, two Borzoi (Russian Wolfhounds). They are as gentle as can be around people including small children. Yet, their instinct is to chase small dogs (they are in the same hound group as Greyhounds). When other dogs are leashed it is easy to request the owner to keep their dogs a safe distance away, yet when dogs are unleashed this is not always possible.

    My concern is that someday an unleashed dog will approach near enough for one of my dogs to react and bite the dog (these dogs are exceptionally quick). With my dogs on a six foot leash and under my control, in the scenario of an unleashed dog invading my dog’s territory…would this be considered provocation? Would the other dog’s owner therefore be at fault and assume any liability?

    My dogs are viewed as "vicious" by a few solely because of their size. And, they can indeed be very vicious if provoked. That is why I am so concerned about an unleashed dog being curious enough to come too close.

    It is my opinoin that no dog is 100% under voice control no matter how well trained!!
     
  2. seniorjudge

    seniorjudge Super Moderator

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    I would use a shorter leash and muzzles.
     
  3. FlaRiptide

    FlaRiptide Law Topic Starter New Member

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    I am extremely surprised by your answer coming from one with such reputation power. Your answer does NOT answer my legal issue.

    I ask, would you put a staightjacket on your own child to prevent him/her from lashing out at a bully if the bully invaded the child's "space"? Same principle.

    Also, how would a shorter leash help? The other dog is off-leash. The length of my dog's leash would be insignificant. And, even though they are on a six foot leash I hold the leash giving them no more than one foot. They are always adjacent to my left side.

    I'm not about to subject my dogs or myself to lower standards due to someone else's negligence.

    I entertain anyone else to answer the original question. Would an unleashed dog approaching my leashed dog(s) and being bitten by my dog(s) constitute provocation on the part of the unleashed dog? Would I therefore be relieved of any liability?
     
  4. seniorjudge

    seniorjudge Super Moderator

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    Okay.

    I was answering your question on how you could avoid liability.
     
  5. dee_dub

    dee_dub Moderator

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    My two cents: approaching is not provocation. If you're worried your dog will bite an unleashed dog that wanders in the vicinity, don't take it to an off leash park. Assuming you live in a strict liability state, you would be liable.
     
  6. FlaRiptide

    FlaRiptide Law Topic Starter New Member

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    I had always thought that the City had a strict leahs law. I just learned it had been amended in Oct. 2007. Even though the City has separate Dog Parks where unleashed dogs may play, the City now allows unleashed dogs at ALL City parks (with a few exceptions) as long as they are under voice control and within 100 feet of the owner.

    I am very surprised that the City would pass such an ordinance. I see this as a potentioal liability to the City. With young toddlers and elderly visiting the park (one of them is like a mini Central Park) a loose dog could easily knock over a person. Dogs cannot be 100% voice controlled no matter how well the owner thinks they are trained!

    Why would the City allow unleashed dogs in the "Regular" parks and also pay to have unleashed "Dog Parks"? Makes no sense at all! But, government isn't suppose to make sense... :>)

    I realize various situations could create technicalities. From my layman's perspective I would surmise that in the event an unleashed dog got close enough for one of my leashed dogs to bite it, then the unleashed dog could be considered not under full control of it's owner. Therefore the other owner would be at fault.

    I do not wish to use a muzzle for the reason that people would immediately interpret that as being a sign of a vicious animal. These dogs are not vicious. But even humans react when their space is invaded. Wouldn't you react (hoefully not by biting) if a stranger put their nose 5 inches from yours and would not leave?

    I don't mean to appear argumentative, I am just advocating for my dogs' rights... :>)
     
  7. dee_dub

    dee_dub Moderator

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    I don't know that either of those statements is true. A dog under full control (should such a thing be possible) could still come close to your dog. Unless you go around warning people and putting them on notice not to let their dog near yours, an owner walking their dog could reasonably permit their dog to approach yours. Nor am I certain that their failure to maintain full control necessarily renders you immune from liability in the event your dog bites theirs. Arguably, they might only be subject to a civil fine, but the common law of dog bite liability still applies and you are liable unless your dog was provoked.

    If that was how my species habitually greeted one another, then I hope I'd take it in stride.
     
    FlaRiptide likes this.
  8. umed

    umed New Member

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    its good topic to discuss.
     
  9. seniorjudge

    seniorjudge Super Moderator

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    This is why I do not let my dogs visit this site ... I don't want them thinking they have rights!

    :no:
     
  10. FlaRiptide

    FlaRiptide Law Topic Starter New Member

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    The Animal Right Law

    Animal Dog Right 1
    All animals are born the same before life and have the same rights of existence.

    Animal Dog Right 2
    Every animal has the right to be respected.
    The human cannot have the right of killing other animals or exploiting them, violating this right. He has the obligation of placing his knowledge at the animal's service.
    All animals have the right to the attention, care and protection by humans.

    Animal Dog Right 3
    No animal should be submitted to acts of cruelty.
    If the death of an animal is necessary, it must be instant, painless and will not present anxiety for the victim.

    Animal Dog Right 4
    Every animal that belongs to a wild species has the right to live freely in its own natural habitat and can reproduce freely as well.

    Animal Dog Right 5
    Every animal that belongs to a species that has traditionally lived in the human's environment has the right to live and grow at its own rhythm and in the conditions of life and freedom that belong to its species.
    Any modification of such rhythm or conditions imposed by the man with mercantile ends is contrary of this right.

    Animal Dog Right 6
    Any animal that has chosen the man as its partner has the right that the duration of its life is according to its natural life span.
    The abandonment of an animal is a cruel and degrading act.

    Animal Dog Right 7
    All working animals have the right or a reasonable limitation of time and work intensity, and a nourishing alimentation and rest.

    Animal Dog Right 8
    The experimentation with animals that implies the physical or psychological suffering is incompatible with the animal rights, even if we deal with medical experiments, scientific, commercial, etc.

    Animal Dog Right 9
    When an animal is raised for alimentation it must be nourished, installed, transported and sacrificed. The motive must not be anxiety or pain.

    Animal Dog Right 10
    No animal must be exploited for the spreading of the human. Animal exhibitions and spectacles are not compatible with the dignity of the animal.

    Animal Dog Right 11
    Every act that implies the death of an animal without necessity is biocide, a crime against life.

    Animal Dog Right 12
    Every act that implies the death of a large number of wild animals is genocide, a crime against the species.
    The contamination and destruction of a natural habitat lead us to genocide.

    Animal Dog Right 13
    A dead animal must be treated with respect.
    The scenes of violence in which animals are the victims should be prohibited in theaters and television, except those that are made to show the violations of the animal's rights.

    Animal Dog Right 14
    The protection organisms and safe guarding of the animals should be represented at a governmental level. The rights of the animal must be defended by the law, just like the human rights.
     
  11. seniorjudge

    seniorjudge Super Moderator

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    Here's the only right my dogs believe in:

    All working animals have the right to nourishing alimentation and rest.
     
  12. Babylegal

    Babylegal New Member

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    Florida has a 2 bite statute...I bite and the dog is off the hook but the second may bring him untimely death at the direction of the county.

    Best you keep your dog in check if you value his company.
     
  13. FlaRiptide

    FlaRiptide Law Topic Starter New Member

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    Babylegal,

    Your information is totally incorrect. Please refer to Florida Statutes 767.04 and 767.13.
     
  14. FlaRiptide

    FlaRiptide Law Topic Starter New Member

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    Manatee ordinance 2-4-10 stipulates:

    (1) The owner or custodian of a dog or cat will be in violation of this article if their dog or cat, when unprovoked, bites, attacks, endangers, or inflicts injury on a human, domestic animal, or livestock; or causes damage to property, while on public or private property; or chases or approaches an individual upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack.


    Thus, would a loose dog invading the space of a leashed dog not constitute "provocation"? If I tell the owner of the off-leash dog to keep their dog away, and the dog continues to come close enough for my leashed dog to bite, then I would think this is an indication of the other dog NOT being fully under voice control and thus contributes to negligence.
     

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