QUESTION

My American Bulldog mix had an altercation with a neighboring dog. A very mean smaller dog. His owner got into the middle of it & claims a bite -help

Asked on Jan 27th, 2017 on Animal Law - New York
More details to this question:
My harmless dog was trying to protect me from a mean neighboring dog. His owner then tried to break it up and claims my dog bit him. Pickles (my boy) is almost 2 years old and has never before had any issues with anyone -2 or 4 legged! The man claims Pickles bit him and went to the ER and got his hand bandaged. He was in a 10 day at home quarantine (as I hear is procedure) he was only allowed out for bathroom walks. My 13 year old daughter was walking him (took a different path in hopes of not encountering his dog, apparently he had the same idea) so as my daughter/dog came around the corner, he was there & Pickles attempted to get to his dog & was stopped by my child (who did get dragged a few feet, but here was NO ENCOUNTER AT ALL) the man went to the leasing office and there they mis translated what he was saying and called animal control and stated Pickles bit again -this is not True and the animal control lady spent 45 min with the man and his English speaking daughter& got truth
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1 ANSWER

Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
I can't tell you how many calls I get from people whose dogs bit someone, but they never bit anyone before, "except those two other times, but it wasn't his fault!". You are very lucky Pickles didn't bite the man with the "small mean dog" in the second encounter. Your "harmless" 2 year old Pickles now has a history of a biting a person severely enough to require an ER visit for the man, confinement for Pickles, and of going after the same smaller dog twice. Pickles now has a known "vicious propensity". And the person in your leasing office knows it. Even if the second bite didn't happen, there was a second encounter that justifiably terrified your neighbor- and you can be sure he told the leasing office about being bitten the first time. That means you will be liable if sued next time your dog bites and injures someone- or that person's pet. Even if the person walking your dog was your daughter- because she's a minor. Depending on the language in your lease, Pickles' bad behavior could even jeopardize your tenancy if it happens again. You obviously received a written order from a local authority requiring a mandatory 10-day at home quarantine for Pickles- so clearly there was a real bite, or there would be no confinement. Since it was at home, Pickles was current on his rabies vaccine. Without proof of rabies vaccine, he could have been confined at a vet or other facility- at your expense.  It doesn't sound like you were the person walking Pickles when he bit your neighbor. Whomever was walking him can't control him if the small dog owner had to break up the fight. Few things are more liable to get you a bad dog bite than putting your hand  inside a dog fight.  If it was your 13 year old walking Pickles, that's a problem. If Pickles can drag your 13 year old even a few feet, she can't control Pickles- and shouldn't be walking him alone. What if she and Pickles encounter a BIG mean dog- what would you expect her to do then? Pickles should get professional dog training. A 2 year old dog (especially one with a history of biting- which Pickles now has) should not be pulling so hard on a leash that it drags its owner.  Until Pickles is well trained- or your daughter puts on 10 pounds of muscle- get another dog walker.  My ultimate advice to you: send your neighbor a get-well card with a sincere apology (not an admission of fault. An apology.), and some chocolate. You frame these dog bite/attack scenarios as though they were somehow your neighbor's fault- but they were not. The person with the bigger dog needs to be more vigilant about controlling their animal. And if they are too small to do so, they should NOT be responsible for walking your dog! The chocolate and card might not prevent a lawsuit (but it might!), but it will likely restore a little peace to your neighborhood. 
Answered on Jan 28th, 2017 at 4:29 PM

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