My dog bit a 5 year old today and now we have 10 days to make a decision on what to do.
They say that he will have to be quarintined for 10 days and then we can either keep him or put him to sleep.
they said that to keep him we would have to build a cage with secured floors and a secure roof. He would have to stay in that all the time and when we went out for a walk he would have to wear a muzzle.
He would be miserable under these curcumstances because he has always roamed freely in the back yard and has never bitten anybody like he did. He punctured the kid on the chin, in the mouth, on the cheek, and on the arm. The kid was pushing on my dog's butt trying to get him to sit down. I wasn't there but when we pulled up from guitar lessons some people came up in their car and started asking some questions and explained what had happened.
shocks.. talking about a hell of a situation.. i cant imagine myself being in the same situation.. im not trying to put you down but you see, the options offered to you is a lose-lose situation for your dog. what if you transfer your dog to a close relative first? try to lay low for a while? do you think it's possible? a different state maybe? wherein at least your dog can still live in a humane place? it's such a cruel thing to lock your dog up.. but then again, what may have been the reason why your dog bit a child? was the dog being provoked? it's really hard when children play with dogs unsupervised, who's child was it anyways?
My little sister was out walking the dog as usual and then she did something I hate that she does... she stopped at her friends house.
Her friends parents were inside and the little kid was trying to get my do (Shadow) to sit down.
Yes Shadow was provoked because the little kid started pushing on his butt when he was trying to get him to sit down.
When he started pushing on his butt my dog turned around and bit him.
My little sister who was walking said that that is what happened.
The bad thing is that she is seven years old and no adults witnessed the event... you know how nowadays the law dudes only listen to adults.
I don't know what to do.
This really sucks.
His medical history is fine and he has never done anything like this before. I am only 14 so I had no idea of this but I think one of the real reasons they took him in is that his RayBees shot is seven months out of date. Don't fuss at me for that I am only 14 years old and can't keep track of that because I didn't have the papers or anything.
He can't have raybees though because then he would be going off on me as well... and my little sisters... he is fine with them and with anybody who does not provoke him. He does not like being pushed around. I hate the situation I am in and I hate the stupid law that is unfair.
He is a mix of a black lab and a terrior. He likes to run around the back yard a lot and one of the things I think would drive him crazy if he had to be locked up are the squirells that he would see in the yard.
I am scared. I do not know what to do about it. If we lock him up he will be miserable (especially with the squirells) but if we put him to sleep... he is only three years old! He hasn't had enough time to live. It just doesn't seem right that he has to be stuck in this situation. It wasn't his fault that it happened. He was provoked and he defended himself.
not really sure, but i thought there are factors that determine what happens, Why are they putting your dog in quarintine? Do you have proof of shots? If Your Dog Bites Someone Things you can do to minimize the losses.
What to do at the scene of the attack In the weeks after the attack Report the incident to your insurance company Tell the truth about the dog and what happened Blunt advice about your future
What to do at the scene of the attack If your dog bites someone, and the victim was not committing a crime at the time of the attack, there are a few things that you should do: Stay calm. Don't argue. Don't accuse. Be nice to the victim because he or she will have to make a decision about pursuing you for damages; if you are nice, the victim may decide to go easy on both you and your dog. Make sure the victim gets medical attention. Take him or her to the hospital or to a doctor. Be considerate. Whether or not you have insurance, if you have any money or credit at all, you should offer to pay for the victim's medical bills. Be a hero. Take steps to protect others from your dog. Obtain the name, address and phone number of every witness. Avoid making statements because there are possible criminal consequences when a dog bites or injures someone. See Dangerous and Vicious Dogs.
In the weeks after the attack In the days and weeks after the attack, keep in touch with the victim if possible, and continue showing a genuine interest in his or her condition. Victims often love dogs and may decide to forget the entire thing if you are kind and they are not badly hurt. What you say can hurt you later. You might have to face charges of some kind. There are three possible places where you and your dog might land:
Civil court. In most states, dog owners are strictly responsible for injuries from bites. (See Legal Rights of Dog Bite Victims in the USA .) Criminal court. Usually you will not face criminal charges. However, if the present attack was serious or if the dog previously bit someone, you could be accused of a variety of crimes. (See Dangerous and vicious dogs and also Criminal penalties for dog bites.) "Dog court." The animal control authorities might take action against you, your dog or both, under state, county and/or municipal laws. (See Dangerous and vicious dogs.) Some states protect you if you express sympathy and compassion for the victim; those statements will not be used against you. If you pay the victim's medical bills or insurance deductible and/or co-payment, you probably will favorably impress the victim and therefore will reduce the chances of a claim or lawsuit against you. However, do not expect your insurance company (if any) to reimburse you. Most policies state that the insurer will not be responsible for any "voluntary" payments that you make.
The local animal control authorities may require that your dog be quarantined. Sometimes the quarantine can be at your own home. Ask whether home quarantine might be agreeable in view of the circumstances that apply to your incident.
If the authorities cite you into "dog court," you need to prepare a defense. See Protect You and Your Dog.
Locate and preserve your dog's medical records, including proof that it has received rabies shots. Make a copy of the rabies certificate and give it to the victim, to put his or her mind at ease.
You generally are not required to submit your dog for tests unless the authorities or your insurance company request that you do so. If you suspect that your dog has rabies or some other disease, however, you voluntarily should take steps to warn the victim, and you should talk to your insurance company or an attorney.
Whether you need to seek legal advice depends on the circumstances and whether you were insured. If you have not ruled out criminal consequences in your city and state, contact an attorney who is familiar with dog bite criminal laws. (See Dangerous and Vicious Dogs.) If you are insured, see Report to your insurance company, below. If you do not know whether you are insured, read Insurance for the Dog Owner. If you definitely are not insured, talk to an attorney if:
The victim asks for money You are paying a significant amount of money to the victim You receive a claim or suspect that the victim will make a claim in the future The bite was significant (for example, it drew blood) You suspect that your dog has rabies or another significant illness or disease You have a bad feeling about the situation or the intentions of the victim You hear from the police You suspect there may be criminal consequences in your city and state.
Report to your insurance company If you are a homeowner or renter, or if there is any possibility that you have other insurance that may possibly provide coverage for the dog attack, get in touch with your insurance agent and make a proper report if: The victim asks for money You are paying a significant amount of money to the victim You receive a claim or suspect that the victim will make a claim in the future The bite was significant (for example, it drew blood) You suspect that your dog has rabies or another significant illness or disease You have a bad feeling about the situation or the intentions of the victim You hear from the police You may have medical payments coverage which you can offer to the victim; this will make him or her feel better toward you and possibly your dog. Be sure to ask your agent whether you have medical payments coverage. Every insurance policy has a "cooperation clause." It requires you (as the insured person) to make reports of incidents, and then cooperate fully with the insurance company. Obviously, give them the name, address and telephone number of every witness.
Tell the truth about the dog and what happened Because of the possibility that a dog attack can lead to criminal prosecution, generally you should refrain from making any statements as to who owned the dog, what happened, where it happened, and anything else about the incident. However, there are circumstances where you are required to give information. If so, be sure that it is the truth. When dog owners give statements, they often provide inaccurate information. The biggest problem defending a dog bite claim is not necessarily the dog attack or the severity of the bite, but the untruthful statements made by the dog owner. Owners frequently misstate how the attack happened and the dog's history of biting. This ultimately can hurt you and your dog. Consider this scenario:
The owner tells her insurance company that her dog has never bitten anyone The insurance company refuses to make an adequate settlement offer, thinking that the victim must have provoked the dog The victim retains an attorney who is knowledgeable about dog bite cases, and conducts a thorough investigation that reveals the dog's history of biting Instead of making a claim for simple negligence or violation of the dog bite statute, the attorney requests additional damages to punish the dog owner for keeping a dangerous dog Now the insurance company really doesn't want to settle! The claim becomes a lawsuit, and the lawsuit starts taking up the dog owner's time. Eventually the truth comes out. Keep in mind that you should not make statements about the incident until you know that there can be no criminal consequences. Generally, you should contact an attorney familiar with the criminal aspects of dog bites.
Blunt advice about your future If this is the first time that your dog bit a person, and if you have homeowner's or renter's insurance, you have very little to worry about because criminal prosecutions are very rare, and "dog court" usually cannot do much to hurt you (although it can hurt your dog).
Nevertheless, your dog is dangerous from both a practical and legal standpoint. Yes, you may have an explanation for his behavior, but the fact is that he attacked a human. For whatever reason, at the present time your dog is dangerous.
The real problem in most cases is that, because he has bitten one person, your legal position has changed. You face immediate and long-term consequences. In the near future, you may find yourself in three courts, namely civil court, criminal court and "dog court." For now, you have the excuse that you didn't know that your dog would bite anyone because he never did it before. In the long range, however, you may find yourself without insurance and defending yourself in four courts instead of just three -- all of the above, plus bankruptcy court, because the owner of a dangerous dog may not be permitted to get a discharge of debt toward a victim of the dog. Furthermore, you will not be able to assert that you had no way of knowing that your dog would bite.
Keep in mind the fate of Marjorie Knoller of San Francisco, one of the defendants in the Diane Whipple murder trial. She spent a year in jail and two years in prison because her dog, which had never broken the skin of any human being, took it upon itself to kill a person. Although it is highly unlikely that your dog would ever do that, it must be noted that people who own dogs that bite other people no longer get the benefit of the doubt. The insurance industry, the government and the public are fed up with the dog bite epidemic, which has seen the number of serious dog bites go up by 33% while the number of dogs has risen only 2% (see Dog Bite Statistics). The insurance industry is limiting insurance, the government is tightening the laws and the public has become intolerant, as evidenced by the jury's guilty verdict in the Knoller case.
You need to see the dog as a dog, not as a beloved family member, and to protect your family and neighbors from it in the future.
Consider taking your dog to an applied animal behaviorist certified by the ABS. The Animal Behavior Society (ABS) is a group of professionals (veterinarians and PhD's) who are concerned with the study and clinical practice of animal behavior. It has a credentialing program for an "Accredited Applied Animal Behaviorist." See the Directory of Certified Applied Animal Behaviorists.
You also could take your dog to a veterinarian, provided that he or she is certified by the American College of Veterinary Behaviorists (ACVB). See the Directory of Diplomats of the American College of Veterinary Behaviorists.
-------------------------------------------------------------------------------- www.dogbitelaw.com and each of its sections and products, including Dog Bite Law, The Dog Bite Law Adviser, Dog Bite Litigation Forms, What To Do If Your Dog Is Injured Or Killed, Avoiding Liability When You Train, Shelter or Adopt-Out, Anatomy of a Dog Bite Case, and the foregoing text, are (c) 1999-2007 Kenneth M. Phillips. All rights reserved. Reproduction in whole or part prohibited except where advance permission is granted in writing. Please read the disclaimer and our rules for linking and quoting. Reporters seeking interviews are welcome to click here.
This page last changed on 4/10/07 I found this, i hope it helps.......
A dog is the only animal that can love you more than it loves itself.
WOW PeN~ the kid is only 14 years old. and she said she was at music lessons. she cant even drive. she is only 14.
ShadowLove, this is not your fault. I am so sorry you are not being heard or understood, even attacked. Please ask your parents to handel this. I know you love the dog and are upset, but this is a matter to be handeled by adults. you, need to be a kid. i feel if this is the dogs first offence, and is found healthy, things will be fine. try to let the adults handle this ok. i know its hard. and i know you love you dog very much, this is not your fault, or you sisters fault. please let the adults in your life handel this. Show them the legal info i posted, then try to relax. things will work out.
A dog is the only animal that can love you more than it loves itself.
Maybe you need to start keeping your dog in the house. The dog would be much happier indoors with your family. I dont like muzzling a dog. If another dog attacks him, he has no way to defend himself. BUT,now that he has bitten, you will have to comply with what they tell you to do. Build the pen, it doesnt mean that you have to keep him in it. They just want to see that you do have a way to confine the dog. Also if your yard is fenced, put a lock on the gates to keep others out. From now on , i would not let anyone walk him but you, and keep the walks close to home. Viciously attacking someone and biting out of fear/annoyance/pain are two different things. Your dog was being harrassed and he struck back. He does not deserve to be euthanized over that. Maybe along with those guitar lessons, you could add some socialization classes for your dog.
If you are a dog and your owner suggests that you wear a sweater, suggest that he wear a tail.
This is your parents fault. They were very irresponsible to get a dog for their 14 year old and 7 year old children and leave the dog to be cared by children. They should first of all not let your dog "roam" around all day in the backyard and they should have never allowed a 7 year old to walk the dog around the neighborhood. Why were these 5 and 7 year old children left unattended around this dog? Children should never be left unsupervised with a dog for both their sake. Children often provoke dogs and do things that cause the dog to bite out of defense. This is not the dog's fault - it is your parents fault as well as the unattended children's parents fault. Poor dog...
M13Lucky~ i could not agree more. msy sre to blame, but none are the children, nor the dog, it is the adults. and for other's PEN to attack a child and speak to them in such a mannor is out of line. You are not fair.
A dog is the only animal that can love you more than it loves itself.
Sorry Pugslee, I disagree with you. I'm sorry if I sounded too harsh Shadowlove, but this is your dog.I see this too many times around here, and have been asked to rescue 3 dogs who were bought as novelties,by kids aged 14-16. I was the one who payed for their immunizations, health checks and neutering and found them all decent homes. This girl is 14 not 10, and knows that her little sister stops at this 5 year old's house. I don't know what your parents have taught you, but what I'm saying is not fiction. And yes, I do hold your parents responsible as well,if thats who you live with. If they had the money for guitar lessons, they also had money for a rabies shot, and I have no idea why any parent in their right mind would let their 7 year old daughter walk this dog alone. Once again ShadowLove,I'm sorry to upset you more than you already are.
Pen, she stated she was not even home when the sister took the dog. she was at music lessons. she also stated that she hates it when her sister takes the dog, which means this 14 year old has already had this discussion with the 7 year old. But I must disagree, a 14 year old should not have to parent their siblings. there seem to be many missing adults is this situation. But, this 14 year old was not even home. Where are the adults???
Pen, thanks for telling her you were sorry if she was more upset. I really think she needed to hear that. I mean that sincerally. This poor kid must be so freaked out right now, and IMHO, she does not need to add the blame for the kid that got bit, or the situation of what might happen to the dog to her 14 year old shoulders.
A dog is the only animal that can love you more than it loves itself.
Sorry again, pugslee, I'm reading the original posting differently. What I understand is that the 7 year old was out walking the dog 'as usual' and that she stopped at her friend's house, which the 14 year old hates. Once again,this kind of thing happens all too frequently,and I have seen too many teenagers being irresposible with their dogs. Two of the three I was involved with had parents who had to constantly badger the teenager to look after their dog, to no avail. I don't know the situation here, and I guess I saw red,it just reminded me so much of one of the dogs I took. ShadowLove, I'll say it again, I'm sorry if I was too hard on you, and sorry for the mess you're in with your dog, and I really do hope it all works out for you.
I'm so sorry this has happened to you and your dog. Since this is the first bite they (the law) may cut your dog some slack. My husband was a lawyer before his passing and he always said "the first bite is free for the dog, not for the owners".
This by no way means your mom and dad are not responsible to the poor child that was bit. You mom and dad have to make right what the dog did. They also have to make sure your dog never does this again. This is putting up a fence and only your family can play with your dog in the fenced area. I wouldn't want anyone else coming in because of the risk of the second bite.
I would never risk it to have any children around your dog because of this bite.
ShadowLove, are you absolutely sure he needs to be contained in a kennel all the time? Maybe it varies from state to state, but I believe what Dusty said sounded more accurate. When our next door neighbor's dog attacked KC, it also got ahold of my Mom's hand in the process. According to dog law in PA, she had to be quarantined and wear a muzzle when outside. Also, she had to be on a leash at all times when she did leave the house. If I were you, I would double check the information your parents were given. If you are sure you can keep him in the house and secure the majority of the time, there should be no reason you can't keep him. I am sorry for this difficult spot you are in. It sounds as if you love your dog very much. How very mature of you to be so concerned for his welfare.
They said that he would have to be in a pen all of the time and occassionally be let out on a leash for a walk around the back yard and if we wanted to go on a walk outside he would have to wear a muzzle.
What would you all do... would you build the pen or... or... put him to sleep?
By the way... stop calling me a girl okay I am a dude ;).