Dalmation Dog

If an unleashed dog attacks a leashed dog, how could the owner of the leashed dog be held responsible?

My cousin was out walking her 2 year old Pitbull on a leash, when out of nowhere this Dalmatian comes flying at them from across the street unleashed. The owner of the Dalmatian was out there and was trying to call the dog back, but it kept coming at my cousin and her pit. Well, needless to say, the Pitbull went into fight & protection mode and took a chunk out of the Dalmatian while my cousin was still holding him on the leash, now this nitwit Dalmatian owner has the gall to want my cousin to pay for her dog’s vet bill, and is talking about suing her if she doesn’t!! Is she insane? Why should my cousin be responsible for another person’s dog getting injured trying to attack her and her leashed dog? Does this woman really have a case against my cousin? Or is she the complete nut i think she is?

Comments

15 Responses to “If an unleashed dog attacks a leashed dog, how could the owner of the leashed dog be held responsible?”

  1. rex on February 21st, 2011 12:01 am

    i would sue the owner of the Dalmatian if i was the owner of the pit bull.

  2. chewy on February 21st, 2011 12:38 am

    Your cousin is not responsible. If the town has a leash-law, that should quickly be tossed out.

  3. ~YoUr G on February 21st, 2011 12:38 am

    The dalmation owner could call the police and have your pitti put to sleep. It was the pitti who started the fight.. just as they were breed to do. It wasn’t the “unleashed” dog who started the fight.

  4. polly_peptide on February 21st, 2011 12:48 am

    If one dog was under control and the other one wasn’t… then it’s pretty clear who is at fault. Your sister should counter-sue. The Dalmation owner is probably banking on the bad reputation of Pit bulls, but it won’t work. Don’t budge on this.

  5. Pancho on February 21st, 2011 12:51 am

    She hasn’t got a legal leg to stand on, and she’s lucky your cousin doesn’t sue her. The owner of an unleashed dog who attacks a person or another leashed animal will certainly be held liable. I don’t think your cousin has anything to worry about as long as all her dogs shots are up to date and she has a license for the dog, she will be fine. The pitbull was just protecting your cousin, and that’s what he is supposed to do in a situation like that.

    I read Anne B’s answer down below, and she is totally wrong. How can the Pit be out of control if it’s walking down the street on a leash with it’s owner and another dog tries to attack them? The Pit had the right to defend itself and it’s owner. Just like if you were walking down the street and a mugger ran up to you and tried to rob you and beat you up, you have a right to defend yourself from that mugger. Should you be held responsible if you happen to break that mugger’s arm? Of course not. By all accounts, she didn’t let the Pitbull go and they didn’t meet in the middle of the street, the Dalmation ran up to them and tried to attack them, so what is the Pit supposed to do, stand there and do nothing while it’s owner is getting bit? That’s highly unlikely for a dog like a Pit, Rott, German Shepherd, Doberman, etc. These dogs have very protective instincts, and he did exactly what he should’ve done.

    Remember, this whole thing would have never happened if the Dalmation had been on a leash. Anne B. is way off base in my opinion. I think people tend to side with the Dalmation just because of the Pitbulls bad rep, and that’s totally wrong. I can tell just by the sarcasm used when she is describing the “crazy”, as she put it, Dalmation that she is biased, and blames the Pitbull. Just because it’s a Dalmation doesn’t mean it’s not capable of biting or attacking, any dog is when it’s not raised or socialized properly..

  6. smurf on February 21st, 2011 1:35 am

    Depending upon the cost of the vet bills it would most likely be an issue to take up in small claims court or as a civil suit. It would be determined by the judge who is at fault and generally it would lie with the unleashed dog’s owner.

  7. ?party chik? on February 21st, 2011 2:24 am

    that is sooo stupid! that dalmation atacked them…you should not have to pay!!! the pitbull was just trying to protect its owner! refuse to pay for it!!!

  8. Addison E on February 21st, 2011 3:17 am

    if you do go 2 court go 2 court to sue the dalmation owner .
    since the other dog was not on a leash in some laws thats illegal so you have a case not them they are going 2 court to say since my dog attacked this dog it shouldnt have attacked back its completely bogus.So I hope I helped :D this I agree with both of you

  9. ferrisulf on February 21st, 2011 3:20 am

    She shouldn’t have a case against your cousin. The problem is that many people have a thing against “bully breeds” like pitbulls.

    It’s sad what’s become of the legal system in this country. My cousin was walking her greyhound when a neighbor’s wolf-dog jumped the fence and tried to attack my cousin. The greyhound defended her, and later died from its injuries. The wolf-dog owner didn’t have to even pay a fine!

    I’d tell your cousin to refuse to pay the bills, as her dog was under her control on a leash. If people are stupid enough to let their dogs run loose, then they’d better get used to the price it could cost them.

  10. Giselle B on February 21st, 2011 4:15 am

    Well, I hope your cousing lives in an state where pitts are not banned. In areas where pitts are banned they are always held responsible even if they didn’t started the fight. Laws are difficult to understand sometimes. Good luck.

  11. anne b on February 21st, 2011 4:42 am

    I think I am going to have to take the unpopular stand here. Even if your dog was on a leash, your dog was not under control if he “took a chunk out of” the other dog. I think both of you are at fault and need to pay your own vet bills. By the way, you didn’t mention if the “crazy” dalmation did any harm to your dog.

  12. DP on February 21st, 2011 5:33 am

    Given that they are very likely to try and take the side of the Dal over the pit bull.. I would put in a report against her unleashed dog … That way if she does sue you.. She has a report against her for her unleashed dog rushing people on the street..

  13. animalsrme on February 21st, 2011 6:19 am

    I would think that the Leash Law would fall in to play here and since the Pit was on a leash and the Dalmation was not, in my opinion the Dalmation owner would be at fault. Good Luck.

  14. Lovely Lady Vette on February 21st, 2011 6:55 am

    How the hell can anyone with a half a brain blame the pitbull? Are you guys insane? This unleashed dog attacks this woman and her dog that’s leashed, and a couple of you nitwits say it’s the leashed dog’s fault? You guys are complete morons! Your G, you’re about as stupid as they come and not really even worth a response, and Anne B, you’re a dog rescue volunteer? I find that hard to believe with the silly answer that you gave, unless you just hate Pits and love Dalmations, and that goofy answer may indicate that you do. The Pit didn’t do a damn thing wrong and your cousin doesn’t have a thing to worry about, trust me. Pancho hit this one right on the head, and he gets best answer in my book.

  15. scatteam_2 on February 21st, 2011 7:17 am

    are their leash laws in your area? if so, case closed
    if not, that will be a little more difficult.
    did the dalmation come in a threatening mode or just wanted to play? they’re are stubborn dogs, hard to train and should not be off leash unless properly trained. but if you were in a dog off leash area, it is ok.
    it really depends on who started the fight. if it was the pit, then your cousin should have trained him not to fight unless another dog attacks him. if the dalmation started it, then case closed once again.
    the judge might say that the pit was not properly handled since the owner didnt intervene when she could’ve or even pull the dog back since she was in control of the pit
    its a 50/50 chance you’ll win and 50/50 chance you’ll lose.