Who is Responsible for Unleashed Dog Attacking Dog on Leash?
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If an unleashed dog attacks a dog on leash, even if the unleashed dog is injured, the owner of the unleashed dog is likely to be held responsible. |
“My husband is being taken to small claims court. He was walking our two German Shephards one evening (both on leashes). He was walking through a vacant lot/field when a Great Dane came running toward him and our dogs. It was dark and our dogs attacked the Great Dane. Our dogs never got away from my husband and the Great Dane eventually got away and ran from the field, across the street and to its home. The owners of the Great Dane are now suing us for the vet bill. My question is, should we fight this? My husband was nowhere near the property that the dogs owners live on and the Great Dane came running at them. Had these people kept their dog fenced in and were this dog not allowed to run free, this unfortunate incident would not have happened. Should we be responsible for their vet bill even though their dog was allowed to run free and ours were both on leashes the entire time? ”
Most cities have laws requiring that dogs be on leash and under control when they are off the owner’s property, with certain exceptions such as designated off-leash dog areas. Assuming that your area has leash laws, because your dogs were being walked on leash at the time of the attack, the owners of the loose dog should be liable for any injuries caused by their dog being in public off leash.
In cities that have leash laws, an owner that allows his or her dog to run at large in public may be deemed negligent per se. Negligence per se occurs when a person violates a law, and the violation of that law causes injury that the law meant to prevent. In this case, the intent behind a leash law is to prevent injury to persons and animals that could be caused by dogs running at large. The owners of the loose dog would have been in violation of local leash laws and are liable for the injuries that their dog caused (both to your dogs and themselves). In areas without leash laws, the owners of loose dogs running at large may be held liable for standard negligence.
You should contact a local attorney immediately for advice.
Recommended reading (click on the picture):
An Unleashed Dog Ran in Front of Our Car. Are We Responsible for the Veterinary Bills?
Am I Legally Responsible for Paying Overdraft fees and Returned Check Fees to the Payee of my Bounced Check?
My Home Owner’s Association is Holding us Responsible for Damage to our Fence Made Prior to us Moving in, Who is Responsible?
For more on this subject check out these categories: Animal Law, Dog Law
Dawn Capp graduated cum laude from Thomas Jefferson School of Law after receiving an M.S. in Medical Science from Texas A&M University. In her spare time, she is active in dog sports and shows dogs in Northern California, where she founded CHAKO, a canine advocacy group. Dawn's website is at DawnCapp.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
