Do you think animal control would do the right thing?

[Boyish-Tigerlilly]

I have a friend on another forum who posted the following message dealing with an accident that occured at his house involving his dog and someone else. I don't see that the incident was the fault of the owner or negligence, but I am not really sure about how the law would apply.

Here's the problem:
I hired the husband of a co-worker to fix my back roof and in the process my co-worker was bitten by my dog Sid, now I'm getting sued and they want my dog dead.

Sid had been in his cage, in the house, because he was not diggin' having people in his yard and on his roof. The Co-worker and I were in my kitchen and she said " Do you think he'd bite me if he was let out?" I said " I don't know. He very well might." She then proceeded to go on and on about how she wasn't afraid of him and didn't think he'd bite her, etc. etc. I responded by saying " it's better that he stays where he is, because too much is going on around here that will stress him out and make him agitated. " She said : But I"m not afraid of him. Let's see what happens." I told her "I think that's a bad idea".
Next thing I know Sid's out of the cage trying to hump her leg, she moves to get away, and he bites her in the leg 3 times! She let him out.

So now she's suing me, and her husband wants the dog put down. The suing me wouldn't be so bad if I still had homeowner's insurance but.... it was just too costly to keep it .
The dog warden showed up to get Sid while we were out of town so they couldn't cart him off then and I'm currently hiding him like a canine Anne Frank. Which is probably a bad plan too. But... I'm still not convinced he needs put down.

I love my dogs like I love my kids, and I do not want my dog murdered because some dumbass wouldn't listen to good sense. I need some rational uninvolved viewpoints on this before I wind up in a standoff with the dog warden.

So whatcha think does my dog deserve the big dirt nap ,or should I fight the powers that be?

Thanks ya'll.

What do you think? The Dog was caged up in the house; the co-worker was supposed to be outside. She was told not to open the dogcage, but she refused and did it anyway to "see what would happen." The dog then proceded to bit her, and now she's suing.

[DrkHelmet]

Ethically, the worker got precisely what she deserved. If she let the dog out, despite warnings, it's her own damn fault.

Legally, the homeowner is probably at fault. She allowed the dog to be let out, knowing full well that it might bite someone. The real question is, did the worker have permission to let the dog out or not? If the worker did it without permission, it is probably the worker's fault still.

Wong, any insights?

[Boyish-Tigerlilly]

Well, from my impression, the guy says he told her not to let it out because the dog would be too agitated from the commotion. THere was a lot of work being done around the house and people the dog didn't know. Apparently, the worker opened it anyway to see what would happen, because she thought shes could handle it.

[Boyish-Tigerlilly]

Oh, the dog also doesn't have a history of aggression or attacks. I don't see why it has to be killed, unless I am missing something.

[DrkHelmet]

Well, from my impression, the guy says he told her not to let it out because the dog would be too agitated from the commotion. THere was a lot of work being done around the house and people the dog didn't know. Apparently, the worker opened it anyway to see what would happen, because she thought shes could handle it.

There are three sides to every story. There's your side, my side, and the truth. People have a tendency to develop selective amnesia about events when they suddenly become embroiled in a court battle.

The real question is, what story is the worker going to tell? If there were no auxillary witnesses, she's probably screwed.

[DrkHelmet]

Oh, the dog also doesn't have a history of aggression or attacks. I don't see why it has to be killed, unless I am missing something.

Sorry, that wasn't up there when I typed that last reply.

I don't see how that has any relevance, seeing as the fact the dog bit the worker is not a point of debate. It has a history of attacking people now.

Ghetto edit btw: In the previous post, when I said "her," I meant the homeowner.

[Lagmonster]

That is some grade-A stupid right there.

The owner should have forcibly stopped her from letting the dog out. If she DID try, and the idiot managed to do it anyway, I should imagine at that point that the victim screwed themselves and is out of luck.

That said...the dog is too violent to be a safe pet. I'm sure she loves her dog, but that's not enough to save it, I'm afraid. It's a bastard analogy, but consider if she would defend her child the same way if he grew up and committed a murder in the heat of passion.

My opinion is that the state is in the right to put the animal down, but the victim's lawsuit should be thrown out of court.

[Boyish-Tigerlilly]

I tend to agree now, since I found out the Dog was a pittbull. Nice that he left that part out.

[gizmojumpjet]

Here's the problem:
I hired the husband of a co-worker to fix my back roof and in the process my co-worker was bitten by my dog Sid, now I'm getting sued and they want my dog dead.

If the dog has demonstrated that it's dangerous, it should be put down.

Sid had been in his cage, in the house, because he was not diggin' having people in his yard and on his roof. The Co-worker and I were in my kitchen and she said " Do you think he'd bite me if he was let out?" I said " I don't know. He very well might."

Hmm, that's kind of important to remember. It might work against you in court. You seem to have believed that the dog might be a danger, but it doesn't sound like you did enought to prevent your guest from opening the cage.

She then proceeded to go on and on about how she wasn't afraid of him and didn't think he'd bite her, etc. etc. I responded by saying " it's better that he stays where he is, because too much is going on around here that will stress him out and make him agitated. " She said : But I"m not afraid of him. Let's see what happens." I told her "I think that's a bad idea".

But you didn't say "No, don't let him out."

Next thing I know Sid's out of the cage trying to hump her leg, she moves to get away, and he bites her in the leg 3 times! She let him out.

Something getting left out here. Next thing I know? Did you black out or something? Did you say anything to her as she walked over, bent down, and opened the cage? Did you say "Stop" or "Don't do that?"

So now she's suing me, and her husband wants the dog put down. The suing me wouldn't be so bad if I still had homeowner's insurance but.... it was just too costly to keep it.

You let people walk around on your roof fixing stuff and you didn't have homeowner's insurance? Much more important, you hired some bumpkin husband of your co-worker who's probably not bonded and you don't have homeowners insurance? If you can't afford homeowners insurance, you can't afford a home. It's as simple as that.

The dog warden showed up to get Sid while we were out of town so they couldn't cart him off then and I'm currently hiding him like a canine Anne Frank. Which is probably a bad plan too. But... I'm still not convinced he needs put down.

That's for the courts to decide.

I love my dogs like I love my kids, and I do not want my dog murdered because some dumbass wouldn't listen to good sense. I need some rational uninvolved viewpoints on this before I wind up in a standoff with the dog warden.

Everyone says they love their dogs like their kids. If my parents told me that they loved their Corgi as much as a child, I would be offended. It's a smarmy cliche.

It's impossible to murder an animal. Dictionary.com-Murder: The unlawful killing of one human by another, especially with premeditated malice.

So whatcha think does my dog deserve the big dirt nap ,or should I fight the powers that be?

It sounds like it. How bad were the injuries?

You should fight the powers that be, but should also expect very much to lose.

What do you think? The Dog was caged up in the house; the co-worker was supposed to be outside. She was told not to open the dogcage, but she refused and did it anyway to "see what would happen." The dog then proceded to bit her, and now she's suing.

Acutally, according to your friend, they never said "No, don't let him out" or anything as direct and assertive, but rather vacillated on the issue:

I responded by saying " it's better that he stays where he is, because too much is going on around here that will stress him out and make him agitated. "

I told her "I think that's a bad idea"

I strongly disagree with you. Based on the evidence presented, it seems your friend was negligent by leaving the dog's cage in such a state where unauthorized individuals could unlatch it, by leaving it in such a position where unauthorized individuals could access it, by not specifically directing the guest not to open the cage, by not trying hard enough to stop the individual when they demonstrated intent to open the cage, and by not having the appropriate homeowners insurance in order to compensate the guest on their injuries. I think your friend is teh screwed.

[Boyish-Tigerlilly]

I don't disagree with you. I just didn't know what the law's status was on the issue. I just found out some new details which pretty much put me over the top anyway.

You were right though, that wasn't the whole story

[gizmojumpjet]

Out with it, man! Was there ass-play involved or what?

[Boyish-Tigerlilly]

Oh, she never bothered to mention that it was a pitbull and that she "didn't really say no, but a wishy washy no she thought sufficed."

[gizmojumpjet]

What?!? A pit bull owner too stupid to maintain homeowners insurance? I'm shocked. Shocked, I say!

[Alyeska]

What?!? A pit bull owner too stupid to maintain homeowners insurance? I'm shocked. Shocked, I say!

He apparently had a fenced in area to keep the dog. Don't get reactionary.

[Pick]

"But they're so loving!"

[gizmojumpjet]

What?!? A pit bull owner too stupid to maintain homeowners insurance? I'm shocked. Shocked, I say!

He apparently had a fenced in area to keep the dog. Don't get reactionary.

I was being silly; my best buddy has a pit that's sweet as sugar. I hardly ever jerk my knee. It gets bruised on my desk.

[LapsedPacifist]

This is the first time I've ever heard of somebody letting a pitbull out of its cage when the owner thought it might not be a good idea. It just reeks of bullshit.

"Can I let your dog out? The some type of dog that bites a lot of people for no damn good reason even though lots of other people say they make great pets..."
"Ughhhh no, probably not smart."
"Here he comes " .

LP

[Wicked Pilot]

I'll throw in my two cents even though I'm not really adding anything new.


The coworker was supid for getting too close to a dangerous animal even after being warned. Their punishment was getting bit.

The owner was stupid for not properly training their animal to you know, not be dangerous. Their punishment is getting sued.


The lesson; try your best to avoid doing stupid things, but when you do do something stupid, just fess up and take your medicine.