Personal Liability Question

S

SJF0357

New Member
Jurisdiction
California
I adopted a pit bull mix dog from a registered non-profit rescue org. I filled out a very detailed application & they introduced me to a dog they referred to as "plug & play." I asked for interpretation of that & a few of their representatives chimed in that she was sociable, calm, trained, loving, good with kids & other dogs, non leash aggressive, etc. These descriptions matched the details of my application very well.

The adoption contract I executed holds me responsible for the dog's conduct & for indemnifying & holding the org harmless for any claims related to her conduct.

I picked her up from the rescue representative's home & drove her to mine. The rescue representative has 18 dogs in her home. While getting her out of my car on a leash in my driveway she slipped her collar & ran. I did not adjust or touch her collar except for latching the leash to the metal ring on the collar.

She's been missing for 18 days & I've been making every effort to locate her, posting flyers, saturating social media, responding to supposed sightings 24/7, registering her with local shelters, setting up trail cameras, etc.

If her conduct results in a claim is your opinion that I would be held liable? Thanks
 
SJF0357 said:
I adopted a pit bull mix dog from a registered non-profit rescue org. I filled out a very detailed application & they introduced me to a dog they referred to as "plug & play." I asked for interpretation of that & a few of their representatives chimed in that she was sociable, calm, trained, loving, good with kids & other dogs, non leash aggressive, etc. These descriptions matched the details of my application very well.

The adoption contract I executed holds me responsible for the dog's conduct & for indemnifying & holding the org harmless for any claims related to her conduct.

I picked her up from the rescue representative's home & drove her to mine. The rescue representative has 18 dogs in her home. While getting her out of my car on a leash in my driveway she slipped her collar & ran. I did not adjust or touch her collar except for latching the leash to the metal ring on the collar.

She's been missing for 18 days & I've been making every effort to locate her, posting flyers, saturating social media, responding to supposed sightings 24/7, registering her with local shelters, setting up trail cameras, etc.

If her conduct results in a claim is your opinion that I would be held liable? Thanks
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Yes, you will. When you took possession of YOUR dog, you also took responsibility to keep it in your care and control. You should have checked the collar to make sure it was on correctly, as you didn't it was you negligence that allowed your dog to get free. Did you contact her foster home to see if she went back there?
 
Sad. Yes she's chipped & may still have her rescue tag on. I questioned the collar & was told it 'was fine.' The foster is 50 mi away so doubt she's there. Lesson learned.
 
SJF0357 said:
Sad. Yes she's chipped & may still have her rescue tag on. I questioned the collar & was told it 'was fine.' The foster is 50 mi away so doubt she's there. Lesson learned.
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It's good she is chipped so you will get her back if she is brought to a vet or a shelter/animal control. I hope you find her unscathed soon....good luck!
Blue

BTW: I am sure other members may post to you thread...check in.
 
SJF0357 said:
If her conduct results in a claim is your opinion that I would be held liable? Thanks
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I disagree with the views of the others. While you might be held liable, it is not a slam dunk that you would be held liable. A lot depends on the details of what happened. I think the fact that you have made reasonable efforts to find the dog after the escape may make a difference here. All you can do is what a reasonable person would do to try to find the dog and get it back. Moreover, it is possible that the shelter might also have some liability, too, for not fitting the collar correctly. If you do get sued, see an attorney for help. There may be some good defenses for you. It may be that your homeowners or renters insurance might cover it as well.
 
SJF0357 said:
If her conduct results in a claim is your opinion that I would be held liable?
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Depends on the relevant facts and circumstances, and anyone offering an unequivocal affirmative response is doing so out of pure ignorance. I'm a bit perplexed at the notion that the dog is chipped but has been missing for nearly three weeks.
 
I disagree that the shelter has liability for the dog slipping out of the collar. The onus is on the handler of the dog to make sure the dog is properly restrained. In this case, the OP did not ensure that the dog was properly restrained.
 
I was very detailed in my application & in conversation with rescue personnel at the adoption event as to the disposition & behavior of the dog I was seeking to adopt. They showed me 2 dogs & noted one was more aggressive toward other dogs but that the dog I ended up adopting was not at all. They represented her as 'plug & play' which they then outlined as leash, crate & house trained, good with people in public & at home, kids & other dogs.

I've been participating daily & nightly in the search efforts under the direction of a professional dog tracker recruited by the rescue. There have been a couple of sightings but rare due to the area being open, hilly, brushy, forested & vast. During some of those searches the previous owner participated & admitted the reason he surrendered her was due to the fact that she attacked another of his dogs on more than one occasion & severely bit his wife on an occasion where she was attempting to break up one of the fights. He showed me photos on his phone of blood injuries to the other dog & his wife. I asked him if either his other dog or wife received medical attention to which he replied no because he didn't want any 'red flags' with vets or medical personnel.

The rescue had represented that the reason for the surrender had nothing to do with the dog's disposition or past behavior & that she was the sweetest, calmest dog ever & not a runner. Since this is not true & the dog has done these things I can't risk her around my kids & grandkids, other dogs, public places etc. Thanks for your continuing interest.
 
SJF0357 said:
I was very detailed in my application & in conversation with rescue personnel at the adoption event as to the disposition & behavior of the dog I was seeking to adopt. They showed me 2 dogs & noted one was more aggressive toward other dogs but that the dog I ended up adopting was not at all. They represented her as 'plug & play' which they then outlined as leash, crate & house trained, good with people in public & at home, kids & other dogs.

I've been participating daily & nightly in the search efforts under the direction of a professional dog tracker recruited by the rescue. There have been a couple of sightings but rare due to the area being open, hilly, brushy, forested & vast. During some of those searches the previous owner participated & admitted the reason he surrendered her was due to the fact that she attacked another of his dogs on more than one occasion & severely bit his wife on an occasion where she was attempting to break up one of the fights. He showed me photos on his phone of blood injuries to the other dog & his wife. I asked him if either his other dog or wife received medical attention to which he replied no because he didn't want any 'red flags' with vets or medical personnel.

The rescue had represented that the reason for the surrender had nothing to do with the dog's disposition or past behavior & that she was the sweetest, calmest dog ever & not a runner. Since this is not true & the dog has done these things I can't risk her around my kids & grandkids, other dogs, public places etc. Thanks for your continuing interest.
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Very wise decision on your part. The shelter should be reported for misrepresenting the animal. The dog should have been put down.
 
justblue said:
Very wise decision on your part. The shelter should be reported for misrepresenting the animal. The dog should have been put down.
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I agree that it's a wise decision for the OP, however we don't know what information the prior owner gave when giving up the dog. The rescue may have had no knowledge of the dog's true behavior.

EDIT: I think that's what PayrollHRGuy was trying to say ;)
 
Zigner said:
I agree that it's a wise decision for the OP, however we don't know what information the prior owner gave when giving up the dog. The rescue may have had no knowledge of the dog's true behavior.

EDIT: I think that's what PayrollHRGuy was trying to say ;)
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You are correct...if the previous owner lied then the shelter did nothing wrong. Although it seem strange that the previous owner would tell the truth to the OP and lie to the shelter.

@PayrollHRGuy ^

;)
 
PayrollHRGuy said:
Actually my WTF? was simply aimed at the idea of putting a dog down for being "more aggressive toward other dogs"
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Well...That would be a good reason for a WTF! But what I posted to the OP was in reference to her assertion that the previous owner of the dog told her that the dog had not only attacked and bit his other dogs on more that one occasion but attacked and viciously bit his wife. That is why I think the dog should have been put down. ;)
 

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