While this is something that has not yet occurred, I would like to be proactive. Our neighbors have two small dogs that they let run all over the place and they have run up to my dog while I was walking him on our driveway, barking at him. Fortunately the dog I had with me is super dog friendly. I am not sure if either of my other two would have reacted the same way. I would like to know who would be at fault in that situation please.
A dog owner can be held liable for the actions of his dog if he does something unreasonable with his dog or fails to take reasonable precautions. It may also depend on whether there is a local ordinance in place making a dog owner responsible for "damage" done by their dog.
Liability depends on whether there was negligence, a violation of an animal control law (such as a leash law), and particular provisions in the state, county and municipal law where the incident happened.
In this instance, if your dog is provoked by the other dogs, the other owner could be held responsible, but you would have to prove they were unreasonable in their actions or failed to take reasonable precautions. Letting their dogs run around and bother passerbyers, including other animals, could constitute negligence on their part.
Sorry to hear about your experience. Glad to know that the dog you had with you is dog-friendly.
Here are some of the important things that you need to know:
*The owner of a dog may be held responsible for any medical cost if the owner violated the state's leash laws.
*The owner may be responsible for harboring a violent or aggressive animal and held liable for the damages and medical costs if the dog that attacked is listed as a "dangerous dog".
*The owner may be held responsible for the amount you paid for your dog originally if the attacking dog is listed as "dangerous" and your dog has to be put down because of the attack.
Also, in the event that you are bitten while protecting your own dog, the other dog's owner may be held liable for your medical cost. If any of these scenarios happen, it is best to discuss your options with a lawyer.
The answer above should not be relied upon as legal advice. The information provided above is based on insufficient facts and only speaks to a general opinion based on those insufficient facts. No warranty is provided that the answer is correct. No attorney-client relationship has been formed with me until a signed written contract is complete. For an official opinion, it is advised you seek legal counsel.
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