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My dog was attacked by another dog at an off leash dog park and injured the attacking dog. Am I liable?

Somerville, MA |

While at the dog park, my dog was attacked by another dog. The attacking dog was injured (bloody eye). I was beside the dogs at the time and saw my dog get attacked. The dog walker who was responsible for the other dog asked for my contact information claiming that my dog attacked hers. Am I in danger of having my dog labeled as dangerous or liable for damages?

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Attorney answers 4

Best Answer
Posted

I agree with my colleague. Protect yourself. Get Statements from witnesses and seek an attorney's help if you have any further contact about it. Do not give any statements. Good luck.

The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.

Posted

Yes, there is a possibility that this person will file a claim with animal control. If the facts are as you state, your dog was defending itself. That will be your defense to any dangerous dog claim, citation, or civil suit. I would see if you can get statements from other witnesses. You may want to consult with a local attorney. I would not give a statement to animal control until you do.

This is not to be construed as legal advice. I do not have an attorney client relationship with you.

Thomas J Callahan

Thomas J Callahan

Posted

And if you look here on Avvo, or in Yellow Pages, or with Mass Bar Assn, Boston Bar Assn and/or Middlesex Cty. Bar Assn lawre referral services, you will find someone who specializes in "dog law".

Keith G Langer

Keith G Langer

Posted

I hope you got the other dog's owner's information, and reported the attack to animal control. IF a lawsuit is brought, notify your homeowner's carrier at once.

Posted

It is difficult to predict the future. Claims can be made about almost anything, the real question is, are they viable or provable claims?

I suggest that you contact your renters or homeowners insurance carrier and report this incident to them and cooperate with their investigation. This type of situation is insured under homeowners or renters coverage. If you don't have coverage, it may be time to think about getting coverage. It will not protect you for this incident, but will protect you for the future.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

Posted

Simply report it to your homeowners insurance carrier to resolve.