Legal background anyone?

I live in an apartment complex with a pond and walking area behind me, and many people walk their dogs off leash often. It is, however, posted that all owners shall have their dogs on leash at all times. I was walking my dog off leash yesterday morning, as I often do, and my neighbor was outside with her two dogs-a golden retriever and a chihuahua-both off leash as they always are. My dog is a mixed breed dog, about 55 lbs, with a tendency to not be nice to little dogs who exhibit aggressive behaviors. She has never injured another dog, but she raises her hair and does want to run over to small dogs that are 'feisty' if given the chance. Anyway, when I saw my neighbor and her two dogs yesterday, I promptly put my dog on her leash just in case. She did not put her dogs on a leash. Her chihuahua ran up to my dog while I was holding onto her. My dog growled and picked her up by the body, presumably piercing the chihuahua's skin in the process, although I am not certain if this was the case. Her chihuahua ran away, but made no whimper or whining sound, then proceeded to run at my dog once again. This time I was picking my dog up off the ground by the leash (connected to the harness) to separate the two dogs. I proceeded to walk away, with her saying sorry as I did. I told her it was okay.

Anyway, several hours later, she apparently noticed a puncture on her dog's chest area, so she took him into the ER. I have read the case history, and she mentioned nothing about my dog. In fact, she said that her dog was playing "at the dog park with 6 other dogs yesterday." However, the owner now wants me hand over my dog's vaccination papers, and she wants me to pay "at least half" of the vet costs (which are over $500 because she unnecessarily wanted blood tests, radiographs, etc). Originally, I said that I could help out with the costs. This was before I had a chance to think about the whole situation or had enough information. I was under the assumption that she was a reasonable person. Now, she is continually trying to guilt trip me, asking for money and telling me how worried she is about her dog. According to the history, her dog is fine and just needs to come back in a few days. There was, however, a .25 inch puncture wound, which the vets cleaned, drained and sutured. I am not 100% certain that my dog did this, although it is likely.

Question is-am I responsible in any way? If I show compliance, am I admitting fault? Will this be a "strike" against my dog? I am trying as much as possible not to engage with her. My dog is up to date on vaccines, has no history and has obedience training with documentation to back it up. Should I pay anything?

Also, who should I contact to find out if I can appeal any "strike" on my dog's record? Or can I even appeal it? Will I be notified? Should I contact the ER myself to discuss this with them, or is that also in some way admitting fault?

So your dog is not mentioned on any report?

Tell her to get lost. She has no official record and if she goes back now and tries to claim otherwise she'll only shoot herself in the foot. Frankly it's her fault anyway for not having her dog on a lease--you did the right thing when you immediately put yours on.

I'm inclined to go with camus on this one.

An off-leash dog who wanders into another dog’s territory is provoking a fight, however small. Your dog was leashed so therefore could have perceived the unleashed dog as a threat to YOU or to his personal space. I would definitely argue as much with the owner anyhow.

Also, if the area is connected to your lease, read the lease agreement. If it states clearly on there that all dogs must be leashed, then also point that out to the owner.

Whatever you do, do not admit liability. If push comes to shove, seek professional legal advice.

Thanks for the info. There really is nothing I would have done differently if it were happening again. I am upset, however, because we are both vet students, and I have watched her badmouth me on facebook (yes, mature I know), while future professors of mine (she is a few years ahead of me) are responding.

Either of you know anything about slander and what constitutes it? She is very much fabricating many new things, and clearly has issues. Bottom line is that the more she messages me and emails me, the more cognizant I am that she likes drama, is crying for attention, etc etc. and I have to engage as little as possible. In the meantime, however, she is ruining my reputation before I even have a chance to make one around school. Basically, I am dealing with a 26 year old woman who is off her rocker and desperate for sympathy and loves being the victim. She is saying things such as, "this kid's dog attacked mine...he won't even pay a cent, but the decent thing would be to at least pay half..." I guess all is okay if there is no record of my dog doing anything wrong, me doing anything wrong, her dog recovers, and I don't have to pay her anything, but I also have the opinion of some future colleagues at stake as well. Granted, if they misjudge her mental stability enough to believe this BS, then I probably do not want these colleagues anyway. Still, she is accomplishing the goal of making me very, very angry.

Definitely do not give in to this. Also try not to sweat Facebook so much. Things have a way of coming back around to people, and I promise the more astute people will observe her actions online as tacky and juvenile. Let it blow over and they'll have forgotten about it by the time you get there.

Good luck.

If you're looking for strictly legal advice, you should contact a lawyer, not post a thread on a forum. It's unethical for a lawyer to give you legal advice unless they're licensed in your state, willing to make you their client, and willing to take responsibility for the outcome, which none in their right mind would on a forum. I certainly would not.

For now, take the practical advice given already: don't pay for anything you feel you are not at fault for and don't worry about legal action if she hasn't filed any sort of claim herself.

The fact that she is putting that you should pay half appears to me that she isn't sure where she stands and knows that her dog is to blame, at least partly so I doubt she will take things further. If things escalate, then you will have no option to seek legal advice. But until that time comes DO NOT RESPOND.

Let her have her 15 minutes of fame, she will soon run out of steam and people get tired of hearing people moan and b**** very quickly. By the time you get to meet those professors, this will all be a distant memory and they will not remember her or you, so stop worrying.

good point. thanks for the advice. i was a little p.o.'d and taken aback at the time, so the whole 'do no respond' concept was the best (in)action i could have taken. she is STILL trying to contact me via email, gchat, even twitter, usually about once a day, and not responding is satisfying to the grudging part of me because i can tell how much it bothers her. i went ahead and blocked her on gchat and twitter, but does anyone know how to stop emails from coming in on gmail? is there was filter or a block for that? regardless, she is crazy and definitely threatening legal action STILL.

good point. thanks for the advice. i was a little p.o.'d and taken aback at the time, so the whole 'do no respond' concept was the best (in)action i could have taken. she is STILL trying to contact me via email, gchat, even twitter, usually about once a day, and not responding is satisfying to the grudging part of me because i can tell how much it bothers her. i went ahead and blocked her on gchat and twitter, but does anyone know how to stop emails from coming in on gmail? is there was filter or a block for that? regardless, she is crazy and definitely threatening legal action STILL.

Another legal point -- threatening legal action....is illegal.

I have a small Maltese and about a month ago a big dog - without a leash - attacked him in front of our building. I don't think the big dog meant to really attack him, but he lifted my maltese up from the body like a toy. My dog had to get stiches and everything. Everything happened so fast so I don't really know who started it. My little dog has the tendency to think he is a lion! And the big dog was just a one year old playful "puppy". Could have been either one of them! The big dog owner thinks it was his. Anyway couple of days later the owner of the big dog came to apologize and offer to pay the vet bill. And we agreed. We said that the vet had already asked whether we want to report this dog and we refused as really these things happen and i really really doubt the big dog was being mean, just that my maltese is like a toy to him, even a small playful bite will hurt him a lot.The reason why we did take the money was that the big dog was not on the leash and most probably if the dog would have been on the leash, this would have not happened. But we are talking about a situation were we were all in side of the building waiting for an elevator.

So on one side I agree with you, your dog was on a leash and hers wasnt, hence you should not feel guilty.

But we are talking about a park where it is common dogs are off leash. And you say your dog doesnt like smaller dogs and thats why you leashed him. Therefore if the chihuahua just ran up to your dog and didnt attack first, it is your dogs fault. If your dog bite the other dog first, you should pay. And an aggressive dog should not be walked were it is common to have other dogs around, off leash! and hence might happen that you loose control and he attacks again.

Better safe than sorry.

As I didnt see you saying that the chihuahua attacked first, I would say it is right you pay at least half and before solving your doggies aggressive issues stay away from the parks when these things can happen. If the roles were different and your dog would run in a park to sniff another dog and that one would just bite him, you would want the owner to be sorry and sympathetic as well, I'm sure.

 

But we are talking about a park where it is common dogs are off leash. And you say your dog doesnt like smaller dogs and thats why you leashed him. Therefore if the chihuahua just ran up to your dog and didnt attack first, it is your dogs fault. If your dog bite the other dog first, you should pay. And an aggressive dog should not be walked were it is common to have other dogs around, off leash! and hence might happen that you loose control and he attacks again.

 

Better safe than sorry.

The OP stated that there is a notice stating that all dogs should be on a leash at all times.

If her small dog was on a leash the whole incident wouldnt have happened in the first place.

Also, for all we know her dog could be an aggressive dog, size really doesnt come into it. There as some vicious little runts out there.

Her dogs were OFF LEASH. She was an irresponsible pet owner....it is HER responsiblity. Explain to her that you had your dog on a leash (and i would make sure your dog remains leashed when outside) , and hers were not. Her dog approached YOUR dog, and because there was no leash SHE could not appropriately handle the situation.

Dogs will be dogs. A dog fight is a dangerous thing, hence the leash laws. Because she didn't do her part in keeping her dog safe, it is not your problem. Now..if your dog were off leash..that would be a different story (hence why you need to keep your dog leashed)

NO. She said she was OUTSIDE HER APARTMENT COMPLEX...where the dogs are LEGALLY OBLIGATED to be leashed, but people do not leash their dogs.

She has a right to take her DOG FOR A WALK outside on a leash without another dog walking up and starting a fight.

I definitely would agree that taking a dog into a dog park who is aggressive is one thing...but taking a territorial dog on a leashed walk outside his own home is nothing wrong.