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Old 06-30-2022, 08:45 AM
 
1 posts, read 803 times
Reputation: 15

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I have an Australian shepherd mix breed dog who bit a neighbor today. It was around 7 am in the morning, I was still asleep. My brother is a heavy smoker/methhead and I think my brother accidentally left the gate open while he was out for a smoke. I didn't know about the bite until the neighbor's wife came and rang the doorbell angrily. My brother had a talk with her. According to my brother, she just wanted to let us know that our dog bit her husband and their insurance won't cover it.

My dog is vaccinated against rabies. However, this is the second time he bit someone. The first time he's bitten a relative, he was unvaccinated, so Animal Control quarantined him for 10 days and he was also neutered. I also got him a license.

I think the neighbors want some kind of compensation for it. I'm worried that with my pet's previous record, we may get into legal issues, and I can't afford a lawsuit. Has anyone face this kind of issue before? How can I resolve this issue before it escalate into a bigger problem? I don't know what to do.

I would also like to thank anyone in advance for their advice.

Edit: I live in Charlotte, NC.

Last edited by azulling19; 06-30-2022 at 09:06 AM..

 
Old 06-30-2022, 08:54 AM
 
Location: Full Time: N.NJ Part Time: S.CA, ID
6,116 posts, read 12,588,476 times
Reputation: 8687
Lots to unpack here.

Obviously people have faced this before, because there are laws to protect the victims. What state did this happen in? That will help answer the question

In CA, as an example, you are "liable for the damages suffered by any person who is bitten by the dog while in a public place" (3342.5). Furthermore, after a first bite, the requirements of the owner ramp up.

Best of luck to you (and your brother).
 
Old 06-30-2022, 09:13 AM
 
6,849 posts, read 4,847,655 times
Reputation: 26330
I think you had best offer to cover any medical expenses. Then perhaps law enforcement won't be brought into it.

In all honesty your dog should be euthanized, or re-homed to someone that can keep it properly contained. Had someone come uninvited to your property it's one thing if they are bitten. A dog that will bite when he gets loose is another. Not really the fault of the dog, but they can't be living with careless people (your brother) if they are not properly socialized. You failed the dog by not properly training/socializing it. Your brother has potentially put the nail in its coffin.
 
Old 06-30-2022, 09:16 AM
 
Location: Kansas
25,940 posts, read 22,089,429 times
Reputation: 26666
https://charlottenc.gov/AnimalsCMPD/...isible%20fence.



"If a person is bit and chooses to go to the hospital, ER, family doctor, or urgent care the doctor is required by law to send in a bite report to Animal Services where an officer will be dispatched to investigate."

We had this happen in AZ, where the dog did something to my son, and he had a cut that needed a couple of stitches. When I called the doctor's office, they told me they would need to report it as a bite to the police, and the police would come to the house. Well, that didn't matter to us. Our dog had a rabies shot, but we were still required to quarantine her at home. (out to potty on a leash only, the rest of the time in the house)

Do you have any idea how bad the bite was or whether the neighbor went to the doctor?

I don't know what you need to do, but you need to take some action so that your dog is not deemed a "dangerous" dog. That is covered in the link above also.
 
Old 06-30-2022, 09:52 AM
 
Location: North Idaho
32,634 posts, read 47,975,309 times
Reputation: 78367
Show them the rabies certificate, so they don't have to worry about the anti-rabies series of shots for the person who was bitten. If they had a medical visit about the bite, offer to pay for that.


Right now, today, get a spring closer on that gate so stoned relatives can't leave the gate open. The gate will shut itself.


If that is your house, kick the brother out.



Get some training done on that dog.
 
Old 06-30-2022, 09:54 AM
 
Location: West Virginia
13,926 posts, read 39,275,326 times
Reputation: 10257
Well, your biggest mistake was Not Training the dog!! You knew he IS a Bitter Training & keeping him under control at ALL Times is a Must! When you cannot watch him, he should be INSIDE & Crated!! Not running loose in fenced yard & when he out even with you watching Gates should be LOCKED!

I hope for the dog's sake you get a chance to correct these things!

PAY ALL Bills ASAP!!
 
Old 06-30-2022, 10:15 AM
 
2,221 posts, read 1,330,555 times
Reputation: 3415
Quote:
Originally Posted by azulling19 View Post
I have an Australian shepherd mix breed dog who bit a neighbor today. It was around 7 am in the morning, I was still asleep. My brother is a heavy smoker/methhead and I think my brother accidentally left the gate open while he was out for a smoke. I didn't know about the bite until the neighbor's wife came and rang the doorbell angrily. My brother had a talk with her. According to my brother, she just wanted to let us know that our dog bit her husband and their insurance won't cover it.

My dog is vaccinated against rabies. However, this is the second time he bit someone. The first time he's bitten a relative, he was unvaccinated, so Animal Control quarantined him for 10 days and he was also neutered. I also got him a license.

I think the neighbors want some kind of compensation for it. I'm worried that with my pet's previous record, we may get into legal issues, and I can't afford a lawsuit. Has anyone face this kind of issue before? How can I resolve this issue before it escalate into a bigger problem? I don't know what to do.

I would also like to thank anyone in advance for their advice.

Edit: I live in Charlotte, NC.
You are right to be worried. You and your dog are in BIG trouble. Get your dog out of there NOW. If they seize him, they will euthanise him. If they let him stay with you, you will likely be asked to post a $10K bond AND build a 10' or higher fence around your yard. The best thing you can do for your dog's safety right now is to get him out of there so they cannot seize him. Send him to a friend or relative, preferably outside of your city and county.

Other than this, be very conciliatory toward your neighbour and offer them some money to sign a release of liability for you. If they are will to do this, then it is worth it.

You have to secure your dog in a way that this does not happen again. If your dog is labelled a dangerous dog, he will pay for it with his life. PLEASE HEED MY ADVICE ON THIS.

I hesititate somewhat to say this, but you need to get your drug addict, irresponsible brother the bloody hell out of your home!! What will he do next? Let his cigarette catch fire to the house or something? This man should not be allowed to stay in your home. He needs HELP, and you are not the one who can help him. He will continue to cause BIG problems for you if you let him stay. Please put your head before your heart on this.

By the way, if you lease your home, then YOUR LANDLORD could have legal liability under his/her homeowner's insurance. If landlord's insurance goes up, you can bet your last nickel s/he WILL ask you to move. Is your brother even an authorised occupant on the lease?? If not, then THAT FACT ALONE is a lease contract violation.

Last edited by PhinneyWalker; 06-30-2022 at 10:25 AM..
 
Old 06-30-2022, 10:16 AM
 
2,221 posts, read 1,330,555 times
Reputation: 3415
Quote:
Originally Posted by 1200RT View Post
Lots to unpack here.

Obviously people have faced this before, because there are laws to protect the victims. What state did this happen in? That will help answer the question

In CA, as an example, you are "liable for the damages suffered by any person who is bitten by the dog while in a public place" (3342.5). Furthermore, after a first bite, the requirements of the owner ramp up.

Best of luck to you (and your brother).
Yes, in my states there is civil liability for damages. In some states, including my state, there is now CRIMINAL LIABILITY, i.e. the owner can go to JAIL.
 
Old 06-30-2022, 10:18 AM
 
2,221 posts, read 1,330,555 times
Reputation: 3415
Quote:
Originally Posted by E-Twist View Post
I think you had best offer to cover any medical expenses. Then perhaps law enforcement won't be brought into it.

In all honesty your dog should be euthanized, or re-homed to someone that can keep it properly contained. Had someone come uninvited to your property it's one thing if they are bitten. A dog that will bite when he gets loose is another. Not really the fault of the dog, but they can't be living with careless people (your brother) if they are not properly socialized. You failed the dog by not properly training/socializing it. Your brother has potentially put the nail in its coffin.
Absolutely agree 100%. This is the humans's fault, not the dog's fault, but the dog will pay for it with his life if they do not get him out of there NOW.

OP, please get your dog out of reach of Animal Control and police NOW before it is too late. If you get him out of their jurisdiction, they cannot do anything to him. GET HIM OUT NOW!
 
Old 06-30-2022, 10:37 AM
 
6,849 posts, read 4,847,655 times
Reputation: 26330
I hope you mean relocate him to a responsible person and not just relocate him to where he can bite someone else. It's great to try to save animals, but one needs to be realistic as well. Is saving the dog worth having him bite a child's face off? Kill livestock? Will the dog be happy if he's relocated or just kept alive?

There are people that deserve to be bitten, but that's another issue.
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