Anonymous
Anonymous asked in PetsDogs · 7 years ago

Neighbor is suing over dog attack?

My neighbor and I fight a lot. We have had the police called on us for fighting it gets so bad. Well one day I was in the yard with my dog and my neighbor came out starting her usual crap with me. She came in my yard and confronted me about dog poop in her yard and we started in on a screaming match. It escalated to the point where she felt it was necessary to slap me in the face. Well my dog didn't take kindly to that and he jumped up and bit her hand pretty hard. It drew blood. Well now she is taking me to court, suing me for nerve damage and medical bills and emotional stress. Also in the hearing she is asking that my dog be put down. I am beyond pissed. She came over in MY yard and started hitting ME. My dog was defending me. Do I have a case?

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  • *****
    Lv 7
    7 years ago

    Depends on your specific local laws, you need to consult a local attorney. In some cases, burglars have successfully sued for damages when bitten by a dog while robbing a house! And in my city, it doesn't matter a whit what the bite circumstances are or where the bite occurred. If the dog was able to bite, the law says the owner is 100% liable as they are not considered to have adequate control of their dog. I'm not saying it's "right", but this is hardly the only location where that's the case. Some places have specific allowances for a provoked bite, but a slap to your face may or may not be considered sufficient provocation, depending on the specific wording of the law.

    Point being, she may or may not prevail in her suit. No one here can tell you for sure one way or the other.

  • 7 years ago

    Your dog attacked her, she has the right to sue you for it and have the dog put down

    Its your fault since you didn't walk away and take the dog with you, you just stood there. Not to mention it sounds like you have no fence so the dog wonders into the neighbors yard and craps there so they have every right to be mad about that

  • 7 years ago

    I would have asked this question in the "Law & Ethics" section. There will be people there that could probably answer your question more definitively. My opinion on it is I would lean more to the side of you having a case and at the very least to win in the suing case. But law is not my profession and I haven't had many run ins with the law to have self-educated myself.

  • TK
    Lv 7
    7 years ago

    You should countersue for trespassing, assault, and property damage (to your dog). Whether or not your dog will lose this latest battle depends on the laws in your town. Some places do not allow even one bite while other places allow a dog to defend its territory and owner. Hire a lawyer. Research your local laws.

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  • Anonymous
    7 years ago

    Wouldn't surprise me if the judge found you BOTH at fault, meaning you might have to pay 50% of the damages. You need to contact a lawyer. Many give a free initial consultation.

    I doubt that she could have your dog put down if this is his first bite, but she might be able to get him declared a Dangerous Dog.

  • Barb
    Lv 6
    7 years ago

    The way I see it she was trespassing , and she assaulted you , and your dog was on your property and she was bitten because of the assault she did on you.

    She had no right to be on your property and defiantly had no right to put her hands on you.

    Hope you had witnesses to this. Go Get her I love to see some one sue , and then have it turned back on them. hahahaha! hope she gets what she deserves. Hope it is not your dog pooping in her yard, even still she had no right to what she did.

  • 7 years ago

    Just tell the judge, She came in your property, fisicly assaulted you, and your dog was just defending his owner and his property. Also he diddnt bite her or anything till she slaped you in the face!! Hope it turns out well for you. Good luck :) XD

  • JenVT
    Lv 7
    7 years ago

    Nope. Your dog should be under your control ALL THE TIME. She is well within her rights to sue and will likely win. I hope you have homeowners insurance. You people are GROWN UPS. Act like it.

  • 7 years ago

    You have a case. I am a former animal control officer. Was a report taken by law enforcement? Were there witnesses. Can you provide proof. The lady has NO legal ground to prevail in this case unless the dog was on her property.

    http://zoocrewkids.blogspot.com/

  • 7 years ago

    you should win if it was your dog defending you if she attacked first she can be charged with assault she might just be laughed at if your dog did only defend you that's like being punched then grabbing they're arm and they trying to charge you with assault.

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