The System is wanting to charge my American Staffordshire Terrier Bulldog with nuisance and animal at large, level-2 threat dog

Asked 9 months ago - Cleveland, OH

and 2 months ago I moved and next door to me the family have about 5 dogs and 2 of them are pit bulls and 2 were yolky. Well I took my dog out to do his business and I was out there about 3 min and the people next door opened their door and released all dogs. I yelled out for them to get their dogs because right away they all started to bark and one of the pit bulls stuck his face in between the bares of the fence and was trying to get threw and my dog saw him and rushed toward the fence and before I could do anything he went threw the bar and all 4 of those dogs were on my dog .my dog ended up beating all of them up and then he got one yolky, killed it.,Now mind you I am yelling to them open the gate so I could get him and they did not instead they called the kennel. what can I do?

Additional information

could a attorney from Cleveland, Ohio. Because I live in Cuyahoga,county.

Attorney answers (3)

  1. Golnar Sargeant

    Contributor Level 19

    1

    Lawyer agrees

    1

    Answered . Use the "find a lawyer" tool on AVVO to find an Animal Law attorney to help you. Your situation is difficult. Normally, you are strictly liable for what your dog does. However, it should be argued in your defense that these dogs attacked your dog. Since your dog killed this other dog, it is vulnerable to confiscation and euthanization if the case is not properly made about your dog being attacked first.

    We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute... more
  2. Keith G Langer

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . "...my dog saw him and rushed toward the fence and before I could do anything he went threw the bar ..."

    Which is to say, your neighbors had their dogs in THEIR yard, and YOUR dog entered THEIR yard and killed one of their dogs. That is hardly the neighbor's fault.

    Use the Avvo find-a-lawyer function or contact the OH and Cleveland bar associations for referrals.

    The foregoing is for general information purposes and does not establish an attorney-client relationship.
  3. Laura Mcfarland-Taylor

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You do need a lawyer - your dog was on their property and attacked their dogs, killing one. Even though you are generally not required to have your dog on leash in your own yard, you are required to have them under your direct control. In addition, if it was your fence you are under an obligation to keep it in good repair so the likelihood of a dog getting through is lessened.

    If we do not have a signed fee agreement I am not your attorney and this is not legal advice.

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