In my opinion, the person whos dog was attacked was demonstrating that he thinks it's OK for dogs to be off leash. Therefore, he doesn't have any right to sue the other owner for having his dog off leash, even if the dog did attack.

On the other hand, if the dog had a previous history of attacking other animals, then its owner should have taken extra care and not allowed the dog off leash. So I guess I think it depends on the circumstances.

Since in this circumstance the dog did not have a previous histsory, I don't think she should win a lawsuit.

Sincerely,

Judge Stacey (heheheheheheheh)