HELP! Dog Bite!

[jennifert]

I need some advice on an incident that actually happened this morning. OK, now I'm new to this forum so I'll say this first!! DUNCAN IS NOT AN AGGRESSIVE DOG! My 7 and 3 yr old nieces sit on him and pull his tail and I can take food right out of his mouth and he doesn't do a thing!(Except give that "Mom, Please help!" look) Anyway, here is the quick story...This morning, my roommate was talking to the neighbor at the front door. Two of the panes in the window are missing. (another story!!) Duncan was standing next to her with his head out one of the window panes, barking at the neighbor on the other side of the door. Well, the neighbor reached for the door knob and Duncan bite his hand. Then the neighbor proceeded to stick his face into the other window pane, the higher one, and Duncan then jumped up and bit him on the nose and lip. Now, you're asking, where was I during this whole thing? I was in the shower. And I heard the dogs barking and I was wondering why my roommate was letting them carry on like that at 6:30 in the morning...? (Still don't know the answer to that question actually?) I didn't see the bites. I did talk to the neighbor on the phone and he said he was bleeding from his hand and nose but it wasn't too bad. This neighbor of mine is about 22 yrs old and had just returned home from an evening of partying with his college friends so he was tipsy, to say the least, when this happened. His father is also a lawyer. I called about 1/2 hour ago to see how he was but I didn't get an answer. I don't feel that Duncan is in the wrong since this kid was sticking his arm and face INTO my house and Duncan was just protecting his home and his family but I know that laws are pretty tilted in favor of the person who was bit. I guess my question would be: What do I do now to avoid Duncan getting into any trouble? I'm willing to pay the medical bills (if any, I don't think the bites were that bad). I would just like to avoid Duncan having to go through any quarantining or have a "mark" on his record. He has all his shots so he should be OK there but...
Anyway, Thanks for reading all this and for any advice or comments.

[purrley]

Hi Jennifert - sorry to hear about this unfortunate incident - I'm no lawyer, but my personal feeling is that your dog was in your house and this doo dah had no business poking his head into your property anyway. If a law suit encounters, which I highly, doubt, this guy doesn't have a leg to stand on. I also wouldn't agree to pay any medical bills either - I don't think you're liable. Besides by offering to pay a medical bill looks like you think you're at fault - which you're not. Let us know what happens and welcome to pet talk - you'll receive some good advise here. If your neighbor was drunk do you think he'll remember where he got the bites
:D

[ December 07, 2001: Message edited by: purrley ]

[DoggiesAreTheBest]

I am sorry to hear about this incident. I do not know if I can offer you much advice on this since I am not an expert on the law but I will tell you what I do know. In addition, I will ask my husband who has his degree in Criminal Justice and Pre-law and get back to you with a better answer.

If Duncan was outside and he was off a leash and bit your neighbor, then you would be in trouble. I think that since your neighbor's injuries aren't that bad, this will probably go away. I would go over and visit the guy and appologize for Duncan's behavior. Offer to pay the bill if there is one and advise him to stay away from your house.

I know I haven't helped much, but will try and get an answer to you ASAP. Perhaps someone else here has more expertise on this.

[KYS]

Good luck on this one. I wonder if their
is a legal dog site where you can look
up cases such as this. :(
Sounds like the neighbor might have still
been drunk, why else would anybody be so
stupid as to stick their hand/face
through a broken window payne and put it
inside the house with a
barking dog on the other-end?
Did your room mate ask him to come in?
keep us informed on what happens.

P.S. I would get those window panes fixed
or boarded up.

[ December 07, 2001: Message edited by: KYS ]

[Cinder & Smoke]

Jenni ~ Here are two links that are on opposite sides of the fence; or door, in your case...

"the Law.com" has some good news... (http://www.thelaw.com/forums/showthread.php?threadid=199)

"www.dogbite.org/ " ... takes the opposing view - Sue for damages... (http://www.dogbite.org/)

Go to a search engine - I swear by http://www.google.com/. I put in dog bite + New York and got pages of possible sites to look at.

If the Police or Animal Control haven't visited by now, your neighbor might not have called anyone except his lawyer father. I would suggest you call your Veterinarian and ask HIM for advice and what you might expect to have happen. He should be on your side in the matter; and should know what the state and local laws are pertaining to dog bites. I'd make the call before any authority figures appear at you door and possibly make demands or threaten immediate action (like "arresting" Duncan and possibly placing him in quarantine :( ).

When my Cinder pulled a dumb stunt and played too hard with a human ?? in Pennsylvania; she COULD have been taken into immediate custody for 10 days under the local dog laws. But after she *kissed* :) the Cop and showed him her rabies certificate; she was released to my custody and we came home to Ohio.

Be sure you learn what the LOCAL laws are; they could be more stingent than the New York State laws. And until this blows over, better keep Duncan on a short leash :rolleyes: when he's outside.

[aly]

I don't have anything to add to what everyone has already said. I get a lot of calls at the humane society about legal advice on situations, but I never know what to say. I'd hate to tell them something and turn out to be wrong so I have them call animal control and ask their advice.

I really hope you can get this peacefully worked out. If you ask me, everything is in your favor. But again, I could be wrong.

Good luck and welcome to Pet Talk!

[4 feline house]

Jennifert, this is a very loving board for people who like to talk about their pets. It is not a forum of veterinarians or lawyers dispensing professional opinions. I wish I could tell you what to do and what may be in store, but I can't, and since, last I heard, none of us are attorneys licensed to practice in New York, I don't think any of us can, sad to say. I'm sure I can speak for everyone when I say we all wish we could, but we don't know any more about New York law or Syracuse city ordinances than you do.

Your best bet, if you need legal advice, is to speak to an attorney, or at the very least visit a legal site, maybe like what Phred has posted for you. But you may also notice that even those sites have their disclaimer warning you to seek the advice of an attorney and to not depend on any information you glean from those sites.

Good luck, and let Duncan know that I didn't ever think he was vicious. You got any pix of him? What kind of dog is he?

[jennifert]

Just an update on the situation: The neighbor is fine. His lip and hand are a little swollen but other than that he is fine. I have fixed the windows so that noone can stick their hands in anymore and/or Duncan can't stick his head out! I still feel that it was ny neighbor's fault for sticking his body parts through the door but the windows definitely needed to get fixed. What if a child wandered up to the door and tried to pet the dog through the opening? Perhaps Duncan will still be "innocent" in the eyes of the law but I wouldn't want anyone to get hurt. He's wonderful once we open the door to people but he's doing his job protecting his family and we should help him out by putting in window panes!! ( My roommate broke them!) So anyway, done deal, everything is peachy keen. Thanks for all the advice and help. It certainly eased my mind to talk to others who understood my situation. THANKS!! :)

[lizbud]

Jennifert,
Thanks for posting a good & positive
outcome to this incident.I was wondering how
this was resolved.The neighbor was the cause
of his own predicament.You show good sense
and responsibility for your dog.
Now,sounds like your roommate needs some
work...LOL.Glad everything turned out OK !!

[purrley]

Thank goodness everything has turned out OK. I guess your neighbor realized that he was at fault and sounds like you're on the road to preventing another mishap. Thanks for the update.