Legal advice for a naive youngster...

[JohnnyMarko 1]

If you hate rants that really don't have a point, quit reading...


So about a month ago, I took my dog outside my apartment so she could relieve herself. A girl in the building next to me was taking her dog out at the same time. My dog was on a leash like she always is, the other girls dog was not (we have leash laws on public streets where I live). The dogs have always been friendly but something set my dog off that night and she chomped down on the girls dog. Now I felt awful. Leash and whatnot aside, I felt horrible my dog bit someone else's. It seemed like rough play at the time until the girl had her dog in good light and discovered blood. I felt worse. She asked if my dog was up on shots, my dog is, didn't hear anything for a while....

Fast forward one week. I see her and her dog outside, ask how the dog is, she replies "fine" in a pissed, bothered tone...

Fast fast forward to tonight...She confronts me when I'm taking the trash out to the dumpster and asks I pay some of the vet fees (news to me she actually to her dog to the vet). Reluctant, but understand, I agree to contribute a minimal amount. She demands I pay the full $224.69. My jaw drops. I had no idea how to react. I remind her she didn't have her dog on a leash, no complaint was filed or anything, it's a month old, no witnesses. She says she was on private property so she didn't have to have her dog on a leash (We live in the same apartment complex, separate buildings. There are 2 external doors per apt. with a common grass area and parking lot which is where the incident occurred)

I don't want to pay full price, she says she's going to file a small claims. If I say fuck it, will it go away since she doesn't have a case? Does she have a case? Will I have to pay anything to fight it?

I've never hated someone so much in my life...I'd rather hang out with the douche that called me a 'cock sucking faggot' than deal with her any more.

[airdvr 197]

Let her take it to small claims. Probably be ordered to pay half.

Please don't dent the planet.

Destinations by Roxanne

[JohnnyMarko 1]

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Offer to meet her halfway and be done with it.

This is the only option going through my mind right now honestly...just agree to pay some and be done with it...time/stress wise the court shit seems unnecessary to me

[JohnnyMarko 1]

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Let her take it to small claims. Probably be ordered to pay half.

I would have to pay half? I realize it was my dog that 'attacked' hers but I can't get past the leash laws....I didn't violate anything...

[sacex250 0]

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Let her take it to small claims. Probably be ordered to pay half.

I would have to pay half? I realize it was my dog that 'attacked' hers but I can't get past the leash laws....I didn't violate anything...

Don't offer to pay anything. Let her take you to court. You have a good chance of winning.

1) Your dog didn't "attack" hers. They were playing and her dog got injured.

2) Your dog was on the leash, not hers.

3) The worst thing that could happen is you'll have to pay the full amount, which is what she's asking for anyway.

4) The best thing that could happen is you'll have to pay nothing, which is the current status quo anyway.

It's all been said before, no sense repeating it here.

[jshiloh 0]

A lot depends on the laws of your jurisdiction. I'm assuming you're in either the US or Canada, in which case the laws will vary by state/province and even by city. Just because there's a leash law doesn't mean it's cut-and-dry. Different places (again, all the way down to the city level) have different leash laws...some only require leashes on public property, others require it anytime the dog is not behind a fence/door, others define "private property" differently (apartment common areas are a big grey area), etc. Even with an applicable leash law in place, you may still be on the hook if your dog was the aggressor, if he's ever been aggressive before, etc.

In most states in the US, there are local free clinics to help people with small claims issues. Contact your local courthouse to see if they can refer you, or try the local bar association. By way of example, my county has a free small claims "hotline" that is run by the nearby law school...you'll answer a few basic questions, then describe the case, and they'll tell you what kind of legal claims/defenses/issues are involved & give recommendations on how to proceed. That being said, bear in mind that most small claims judges aren't "real" judges...they're lawyers acting as temporary judges & don't always have a handle on applicable tort law. This means that even if she doesn't have a legal leg to stand on she might win.

Honestly, I'd say offer half (assuming she presents you with an actual bill showing treatment for the bite). You acknowledge your dog bit hers and you felt remorse. It also may show that you were trying to be reasonable about the situation if it ends up going to court.

[JerseyShawn 0]

Find out the pet policy from your building manager (leashes required or not). She might be wrong.

I would ask to see the bill first before you willingly help with the bill.

What was the injury to her dog?

My dog is an off leash dog everywhere (very obedient). He has said hi to dogs on leash that sometimes don't like him, been scratched, bloody ear once that takes weeks to heal. I apologize to the leashed dogs owner, and I receive one back, even though my dog was attacked. I let my dog into that situation, even when the other owner welcomed my dog over.

She participated in that situation to happen too. Don't pay full cost, if any at all if its your buildings policy to be leashed.

[Squeak 17]

it's NOT "private" property it's communal property and there is likely to be Strata laws governing pets on communal spaces

You are not now, nor will you ever be, good enough to not die in this sport (Sparky)
My Life ROCKS!
How's yours doing?

[Krip 2]

Hi

Don't know how the laws work in sweden, going to court takes time etc, I'm not a lawyer, just old.

Anyone can threaten to take anyone else to small claims court, actually doing it takes time off work, documentation . She took her dog to the vet when, how can she prove your dog did the damage?

Your dogs on a leash and her dogs off leash? Try waiting her out and worst case if you get the summons for court and it's not worth your time,offer to pay half in the "spirit of cooperation" but get her to sign off accepting that as full payment and don't acknowledge any liabilty.

Do all comunication in writeing and document document document.

IMO people are people, and some will try and bluff you or bully you. If you see her dog outside off leash a picture will help, along with a pic of the alleged altercation just in case.

Good luck. don't worry be happy. If your young this will be just one of life's many challenges. Relax and go with the flow

Unless sweden is occupied by a bunch of drugged out nutters.

You could give her Shah's email address. Love makes people do strange things

R.

One Jump Wonder

[shropshire 0]

stage a hunting 'accident'

(.)Y(.)
Chivalry is not dead; it only sleeps for want of work to do. - Jerome K Jerome

[davelepka 4]

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I remind her she didn't have her dog on a leash, no complaint was filed or anything, it's a month old, no witnesses. She says she was on private property so she didn't have to have her dog on a leash (We live in the same apartment complex, separate buildings.

She was on private property, just not her own private property. It's owned by the apartment complex, and the owners can treat it like their own private property (as long as they don't violate tennants rights as dictated by the lease), the tennants on the other hand are not permitted to treat common areas of the complex as their own private property.

She would have more of an argument if you didn't also live in the complex, but seeing as both of you are tennants, you have equal rights (and restrictions) to the property. Even if there is no specific rule for leashes in common areas in the lease, she has the responsibility to control her dog, and she did not.

Let her take you to court, and be sure to mention that you were open to paying a portion of the bill, and that she refused an amicable division of the costs and wasted your time, and the time of the court, in bringing the suit.

[manseman 0]

Do you live in Sweden? If so, you are always responsible for any damage your dog does, even if your dog is on a leash and the other dog isn't. And I guess you can't even claim that your dog was attacked, so it seems to me like she may very well have a case.

[skydiver30960 0]

Dude, compared to the love you have for your dog, is $225 really that much?

ALTHOUGH, I'd worry more about a point made above about making sure that payment wasn't construed later as an admission of guilt.

Long story short: spend the money (I know it sucks, but do it) to get counsel from a lawyer in your jurisdiction. This could go away and leave you with nothing but a pissed-off neighbor to walk by on your way to the street once in a while. OTOH (especially if this had happened in the U.S.) if she starts claiming mental anguish and post traumatic stress disorder and unsafe living conditions and random crap like that she can make you miserable.

DZ.com is great for anonymous, free advice on petty issues. Big issues (read as: doctor and lawyer stuff) are way out of our league.

Elvisio "I did stay at a Holiday Inn Express, but all I got smarter about was bed bugs" Rodriguez

[popsjumper 2]

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I would have to pay half? I realize it was my dog that 'attacked' hers

Because of that, I'd man-up and pay the entire bill.

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but I can't get past the leash laws....I didn't violate anything...

So, let me ask...what does the leash have to do with who got bit by whom? Would you have different feelings had her dog been on a leash, too? Or, had neither dog been on a leash?

IMO, it appears that you are using the leash law bit to avoid responsibility for your dog's actions.

No, not being nasty here...just stating opinion and reflecting on what I would do.

My reality and yours are quite different.
I think we're all Bozos on this bus.
Falcon5232, SCS8170, SCSA353, POPS9398, DS239

[normiss 622]

I would expect the legal side to view ANY payment to her as an admission of fault.
Fuck that.
Meet her in court.

[NewGuy2005 51]

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I would have to pay half? I realize it was my dog that 'attacked' hers

Because of that, I'd man-up and pay the entire bill.

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but I can't get past the leash laws....I didn't violate anything...

So, let me ask...what does the leash have to do with who got bit by whom? Would you have different feelings had her dog been on a leash, too? Or, had neither dog been on a leash?

IMO, it appears that you are using the leash law bit to avoid responsibility for your dog's actions.

No, not being nasty here...just stating opinion and reflecting on what I would do.

I agree. Your dog hurt her dog. Pay up.

[pchapman 261]

OP:

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but I can't get past the leash laws....I didn't violate anything...

I wouldn't be too happy if your dog bit ME, just because I came within 3m of you or whatever.
Interesting situation though. Also the idea of strict liability for a dog in Sweden -- although I wonder if there's any wiggle room for mitigation: The play between the dogs was consensual, the two dogs had not shown animosity before, and that you were hindered in being able to control your dog because the other dog was unleashed and came up to it.

[manseman 0]

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Interesting situation though. Also the idea of strict liability for a dog in Sweden -- although I wonder if there's any wiggle room for mitigation: The play between the dogs was consensual, the two dogs had not shown animosity before, and that you were hindered in being able to control your dog because the other dog was unleashed and came up to it.

There might be some wiggle room i.e. if your leashed dog is attacked by a loose dog and just defends itself, but hardly in this case. Whatever your dog does you are responsible for, period. It doesn't matter that you weren't able to control the dog for whatever reason.

[piisfish 135]

as a co-owner of a BIG dog(horse), I learnt that if another dog is not on leash, and you have no way to avoid contact, release your dog and have the dog owners take their distance. Dogs will tend to protect their owners if they are in a close distance. If they are further away, they will just do their dog thing (and then she will claim your dog humped her dog)

scissors beat paper, paper beat rock, rock beat wingsuit - KarlM

[BIGUN 1,053]

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I would expect the legal side to view ANY payment to her as an admission of fault.
Fuck that.
Meet her in court.

Put a buck in the jar.

Nobody has time to listen; because they're desperately chasing the need of being heard.

[rnicks 0]

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I would expect the legal side to view ANY payment to her as an admission of fault.
Fuck that.
Meet her in court.

He IS at fault. Pet owners are responsible for the actions of their animals. Period. The fact that she broke the leash law doesn't lessen the fact that his dog injured hers. If anything, that gives weakens his story even more. He should have been able to control his dog while they were rough housing before it got carried away. If it had been a child instead of a dog, would the OP still feel it wasn't his responsibility to pay?

It's sad that this woman has to take time and effort to bring this to court for money that she is obviously owed.

[theplummeter 14]

I have two questions:

Were you holding the leash when this occured?

and

Did her dog run within the radius of the leash if you were holding it at the time?

[angle228 0]

Tell her to go Fu** herself. If its less that 500 bucks she will find that it is not worth her time to try and take legal action out of you.

I am fucking your mom right now

[BIGUN 1,053]

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I have two questions:

Were you holding the leash when this occured?

and

Did her dog run within the radius of the leash if you were holding it at the time?

Ummmm. I gots no dog in this fight... why you asking me?

Nobody has time to listen; because they're desperately chasing the need of being heard.

[topdocker 0]

Hand her a bill for the "therapy" your dog now needs since her dog attacked yours while on a leash. I think $1000 for dog therapy is cheap to get your dog over its fear of leashes and going outside to do its business.

Also remember, just because your dog got the better of hers, in dogworld her dog may have been the provocator, and since she was unable to control her dog, she may have to deal with the consequences. Dogs use a different language than we do, and hers may have been saying it needed its ass whooped.

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