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#1 |
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well I'm very reluctant to post anything anywhere for fear of it being used against me or my husband when we go to court but I need to get my side heard. I have had Angel since she was 5 months old, she will be 5 years old in October. we also have a 7 year old Jack Russel named Evelyn that she grew up with. They both jump on you or anyone who comes in the door to greet them. Well the girls were tied up outside for a few hours just to enjoy the sun and fresh air. they are both very loved and well taken care of. Back to what happened. They were outside tied up in my yard and a woman decided to jog down here, we live on a lake with a marina down the road. I heard my dogs start to bark so I stood up to look out the window and saw a woman in my driveway with Angel my pit jumping up and down all around the woman. my husband then ran for the door and while on the porch he yelled at Angel to get down. Angel then immediately got down on the driveway and my husband went and picked her up. Meanwhile I brought the woman into the house to clean her up and find out if she was bitten or scratched or what. She did not want to go to the hospital. Upon looking her over, now I'm no doctor, all I saw was a very significant scratch down her cheek that I was sure was going to need stitches. she called her husband and he couldn't find my house so I took her to hers and her husban was pulling out of their driveway so they met in the road. They are now bringing criminal charges against my husband for "harbouring a vicious animal" and they're trying to say she going to need plastic surgery and that she was bitten all over her face neck and shoulder and arms. The newspaper painted a picture of us that was wrong. And their calling it a mauling and its so horrible. she's not a vicious dog and she doesn't deserve to be killed over this nor are we bad people that mistreat our dogs. It was just a very unfortunate accident. Angels collar broke an she got loose. The woman was also on my property so technically she was trespassing and Angel was just defending her territory. Angel never even left the property. I hope this woman is going to be okey and that we have all learned something from this but she's seriously pushing this. I'm sure she was afraid I would have been too but, she said she saw the dog restrained and decided to keep going so she knew there was a risk too. How do you get thru something like this?http://www.amnews.com/stories/2010/04/11/loc.939096.sto
There's a link to the article if your interesed |
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#2 |
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Depending on what state you live in, if a dog even rips an article of clothing of someone unlawfully in your yard, neither you nor your dog are liable. There should be local ordinances that you can look up online regarding such laws.
I would not say she was 'defending' your property, since she was probably merely greeting the stranger. In court, or any public appearance, don't use words that imply your dog is possibly dangerous. Stay away from defending, guarding, etc. Good luck. Find yourself a good lawyer. There's no reason your dog should be deemed vicious. Your dog was not acting in an aggressive manner. It was not being a public nuisance. This woman was on your property, and she bore the risk of trespassing unlawfully on private property. I hope all goes well. Please keep us informed. |
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#3 |
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#4 |
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I agree with above. If this dog was not guarding and was simply greeting that should be known. Using words like that can be risky! Local ordinances should clearly define what the outcome of this should be, and who is liable.
I would definitely get good representation in this case, and cover all of your bases. You do not want angel deemed a vicious animal if she was simply playing. If this woman did yell and scream when she ran over, it probably just excited her. However you can be as "correct" in this situation as ever, but without proper representation still have a bad outcome. I wish you the best of luck in this case, and I would also be happy this was the extent of the problem. Look into proper and SECURE chain setups, even if you only place your dogs on them temporarily. Keep us posted! |
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#5 |
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The police never even took a statement from us. We are actually going to fax it in tonight. We had a very hard time getting anyone to even listen to our side of things. I gave a statement when they came and took Angel and its not in the police report or anything. My husband was talking about how we keep getting broke into. our cars and our house and how her just being here has probably kept us from being robbed or worse. The fence is more out of convience because we have a 2 year old and one due in May. It would be easier to open the door an let them go potty instead of having to walk them 4-6 times a day. But we DO NOT let or even want them running around th neighborhood. The newspaper never asked for a statement from us and a lot of things were just assumed.
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#6 |
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DON'T Leave your Dogs Unsupervised
---------- Post added at 08:39 PM ---------- Previous post was at 08:38 PM ---------- How to make a chain setup |
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#7 |
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Leather collars deteriorate and break. Try Nylon collars. They have proven themselves to withstand weathering a lot better. Things don't add up with this story. It would be unusual for a well behaved dog to be jumping up at someone sufficiently to put a "significant scratch" on their face that would require stitches. If you are able to keep the dog, I would recommend some serious training to teach your dog some manners around people. It might prevent anything similar in future.
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#9 |
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learn how to make a proper chain setup and look into a stronger collar...
---------- Post added at 08:43 PM ---------- Previous post was at 08:42 PM ---------- Leather collars deteriorate and break. Try Nylon collars. They have proven themselves to withstand weathering a lot better. Things don't add up with this story. It would be unusual for a well behaved dog to be jumping up at someone sufficiently to put a "significant scratch" on their face that would require stitches. If you are able to keep the dog, I would recommend some serious training to teach your dog some manners around people. It might prevent anything similar in future. |
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#10 |
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Being a responsible APBT owner
---------- Post added at 08:46 PM ---------- Previous post was at 08:45 PM ---------- Owners Code of Ethics |
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#12 |
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#13 |
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Skippy, my dog had a piece of chain link for a collarmade out of metal and still broke it. We already have plans and materials for our fence. And believe me if we tell Angel to get down she listens. She is a well behaved dog, thats the point I'm trying to make here.She is an indoor dog a part of my family. She will jump on you when you come in the door we tell her to get down and she does. she listens very well. Even the animal control people are saying she's one of the best behaved pit bulls they've ever encountered. I wish we could get a lawyer but we can't afford one.
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#14 |
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#15 |
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NILIF Training
---------- Post added at 09:05 PM ---------- Previous post was at 09:04 PM ---------- Leadership Confusion, use the Cold Shoulder Routine ---------- Post added at 09:06 PM ---------- Previous post was at 09:05 PM ---------- Mouthing/Play biting in dogs: Helpful article |
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#16 |
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Kentucky Consolidated Dog Laws
258.235 Authority to kill or seize dog; return by court to owner of vicious dog; liability for damage; proceeding by person attacked by dog; disposition of dog after seizure; powers of animal control officer; vicious dog not to run at large (1) Any person, without liability, may kill or seize any dog which is observed attacking any person. (2) Any livestock owner or his agent, without liability, may kill any dog trespassing on that owner's property and observed in the act of pursuing or wounding his livestock. (3) Any dog determined to be vicious by a court and allowed to be returned to an owner shall be confined in a locked enclosure at least seven (7) feet high or a locked kennel run with a secured top. The dog may leave the enclosure only to visit the veterinarian or to be turned in to an animal shelter. The dog shall be muzzled if leaving the enclosure for either of these purposes. (4) Any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage. (5) (a) Any person who has been attacked by a dog, or anyone acting on behalf of that person, may make a complaint before the district court, charging the owner or keeper of the dog with harboring a vicious dog. A copy of the complaint shall be served upon the person so charged in the same manner and subject to the laws regulating the service of summons in civil actions directing him to appear for a hearing of the complaint at a time fixed in the complaint. If the person fails to appear at the time fixed, or if upon a hearing of the parties and their witnesses, the court finds the person so charged is the owner or keeper of the dog in question, and that the dog has viciously and without cause, attacked a human being when off the premises of the owner or keeper, the person shall be subject to the penalties set forth in KRS 258.990(3)(b), and the court shall further order the owner or keeper to keep the dog securely confined as provided by subsection (3) of this section, or the court may order the dog to be destroyed. (b) The animal control officer shall act as an officer of the court for the enforcement of any orders of the court in his jurisdiction pertaining to this subsection. (6) For his services in the proceedings, a peace officer shall be entitled to the same fees to which he is entitled for performing similar services in civil cases. In all proceedings under this section, the court shall place the costs upon either party as it may determine. (7) It shall be unlawful for the owner or keeper of any vicious dog, after receiving an order under subsection (5) of this section, to permit the dog to run at large, or to appear in public except as provided in subsection (3) of this section. Any vicious dog found running at large may be killed by any animal control officer or peace officer without liability for damages for the killing. Sorry. Your dog caused damage to another person, and according to subsection 4, you are liable for the damage. Whether or not your dog will be deemed vicious or not will be a question for the judge to decide. |
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#17 |
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#18 |
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You need to change the language you are useing. ie. Defending her property. While you may beleive that your dog has the right to deffend it's property, that is not the case if you own any APBT type dog. Any type of written ordinance of what deffines a dangerous dog. You need to turn this around and force the burden of proof on those that are making accusations. Have you posted No Tresspassing signs?
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#19 |
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#20 |
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You need to change the language you are useing. ie. Defending her property. While you may beleive that your dog has the right to deffend it's property, that is not the case if you own any APBT type dog. ---------- Post added at 09:36 PM ---------- Previous post was at 09:31 PM ---------- How did they set their dog up to fail? ---------- Post added at 09:40 PM ---------- Previous post was at 09:36 PM ---------- a piece of chain link for collar made out of metal or whatever that is, is absolutely unacceptable. ![]() |
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