If my dog hurts a little girl unintentionally....?
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If my dog hurts a little girl unintentionally....?
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If my dog was tied to his trolley run in my driveway, and some guests with little kids come over and go up to him and pet him and play with him, and he jumps (as dogs do when playing) and his nails catch a little girl's face and scratch her real bad...what am I in trouble for? What am I protected from?
My dog is a husky, which are known for being of great tempernment and good with kids...just very energetic and playful.
He was tied up as I said, and we rarely have younger kids out playing with him..two older girls got him playing and jumping, and he scratches the younger girl (who's 5 and doesn't know the dog) to where she had to be taken in for treatment and possibly stitches. The parents are friends of the family, so no charges would be filed regardless...but am I in the wrong? Or is that one of those freak accident things that just happen once in a while and no one is to blame? I didn't even know they were coming over, they just came over and went up to him right away..... Additional Details Thanks for your answers. I wish someone who definitely knew the law could help. I can be persuaded to believe either way, and I don't know what will actually happen.
But let me clarify...NO charges would be filed, we're good friends with the people. But still, the LAW may view things differently than our 2 families, that's my concern...
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turtle 542
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I think the best way to resolve it would be to pay for 1/2 of the medical bill. It was an accident, maybe put a sign in the yard to beware of dog, not because he will attack, but he doesn't realize how hard he plays. It wasn't your fault or their fault, so ya'll just split the bill. |
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FunkinGoNuts
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Sorry, ur the owner, ur to blame. Even if the dog was playing friendly and accidentally hurt a child with no malice u are still culpable as the dogs owner. |
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delbolof
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Lets get this right, your dog is in on your property, he did not bite, he was friendly but scratched a little girls face who came in to your property to see him!
he has done no wrong, nor you, and the parents need to see that the dog did not bite, and all animals have something about them that could be a danger, even if it was a big dog just knocking a child over and the chid gets a bad head injury...
IT WAS NOT YOUR FAULT it was an accident. |
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zerosum0
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You are responsible for the dogs actions. |
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sbrainar
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Don't know for sure what the laws are in your area, but DO offer to pay the medical bills. Your homeowners insurance may cover it under liability. |
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bmac
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Just a freak accident. Kids needs to be supervised when they approach a dog--especially one they don't know. Your dog was tied up and they went to HIM. It wasn't a bite, just nails. Although I'm sure it hurts and they'll have to watch for infection. I can't believe if they are your friends that they will sue you?? Tell them how badly you feel and that he'd never hurt anyone on purpose. I wouldn't offer to pay for the doctors, you and your dog did nothing wrong. |
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Cindy J
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If you are all friends..I wouldn't worry about it too much. If it is possible for you financially, you might want to offer to help pay for any unpaid medical costs. To me, it just sounds like one of those "stuff happens" kind of things. I don't think you were in the wrong at all! |
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Michael W.
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honestly i do know that huskies are not a bad breed at all so he was obiously just trying to play do not worry about it actully it was the parents of the grils fault because, she should of asked before she let her little girl pet your dog. |
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T esira
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It's unfortunate that the little girl was injured. I'm not sure of the laws in your state/country but as a friend of the family and the dogs owner, I would be as helpful to the little girl and her family to ensure that the little girl may heal physically and emotionally from her experience.
After all you wouldn't want her to grow up afraid of dogs for the rest of her life. |
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gitsliveon24
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Actually, I think it's the parents fault for allowing their 5 year old to go up to a strange dog. You had him tied up in your yard, you were not responsible for people entering your yard & going up to the dog. I have a Boxer & he is the friendliest dog there is. But 5 years ago he bit my nephew in the face because my nephew was being a brat & trying to hurt the dog. That clearly was my nephews fault not the dogs. |
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Still TTC #1!!
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I don't think this is your fault. Clearly, the dog was on your property and the little kids went over to play with him, without permission from you nor their parents. He was tied up so the only way he could come in contact with anyone would be that they come to him, which they did. If anything, their parents should have been more responsible in making sure that their children stayed away from the dog, especially seeing how much bigger the dog was than the child.
This was an accident and it's not your or your dog's fault. I agree with the others - I would check up on the little girl and see how she's doing, but I wouldn't go jumping over fences trying to make up for it. |
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Alex
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Legally speaking, if a dog injures a person, you are liable for that. A dog is considered part of your property. Liability can be assessed over your property since the attack (whether intentional or otherwise) occured in it. There is a statute of limitations though when the parents of the child can file a case. I'm not sure how long. But if I were you, I'd contact a lawyer and get a better understanding of you're liable for. And then meet with the parents of the child and determine what they plan and make sure you offer cover all the childs medical expenses - this may mitigate the damages they can file against you if they do so. |
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donna_honeycutt47
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It is still your Dog. You are lucky they are friends or you would probably have a Big Law Suite on you. You should offer to at least pay her Medical Bills, since these people are friends of yours. Kids will be Kids and the child did not have any idea the dog would hurt her. |
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krumenager
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Yes , I would think that you are liable. People, specially kids, are above animals, ALWAYS. Kids protection is always PARAMOUNT. Keep your dog away, in the back yard, not close to people. I know he didn't mean to hurt the little girl but HE DID. |
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britty b
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i think that it's deffinately a freak accident. like you said, when dogs get excited they jump and get hyper. people hurt other people unintentionally too. and if you've never had an issue with the dog before i don't think it was something meant to happen. you might want to send the family an apology note or sympathy card, and maybe check up on the little girl. and just explain that your dog didn't mean to hurt her and that your dog is always fine with people, and that from now on you won't leave him out when they come over. |
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lola_falula
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You are, without question, fully responsible for any damage or injury that you dog causes. This is regardless of 'intention'.
If you are a homeowner, check with your insurance company. It's always a good habit to find out if you homeowners will cover any liabilty incurred for pet related incidents. This may, at least, help you understand what coverage you have for these kinds of situations. |
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coughy bean
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Wow, too unfortunate. At least it wasn't one of those news things where the dog attacked a child. A scratch, however unpleasant and unfortunate, is still a scratch, not a fatal or crippling wound.
All common sense would suggest that you can't be to blame 100%, since it was an 'unforseeable' thing, like how you don't get a ticket from hitting a deer while driving. You didn't know people were there, if you DID, you may have told them to stay away from the dog...in your defense you WOULD have told them to stay away!
But the law has to pick a side, and will probably side with the weaker of the two parties involved, the little girl's safety. And your 'negligence' or 'attractive nuisance' as they'll probably term it, will put you in the wrong.
HOWEVER, if no charges are filed, you won't face any severe fines, just a couple questionings by animal control or DNR, and prob the cops too for procedure reasons, not that they're gonna haul you in, just simply procedure. |
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JBWPLGCSE
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YOU are responsible for what your little dog does, just as you are responsible for what your minor children do. You have to keep your dog from hurting others at all times. Or you will have a lawsuit. |
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GITWITIT
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Don't construe this as legal advice,,but if my memory is correct..what you describe falls under a concept called "ATTRACTIVE NUISANCES".. Which has been interpreted to mean::::>That anything you have on your property which children may find interesting, appealing, etc.,will attract children(who are displaying naturally endowed curiosity)and if there is any potential danger(whether obvious or not)...it must in some way be isolated and have restricted access in order to prevent what you described...It is not sufficient to chain the dog. A brief example would be >>>if children were playing ball across the street,and the ball rolled onto your driveway,and a child chasing the ball tried to retrieve it,that also would be your responsibility..Other examples of "ATTRACTIVE NUISANCES" would be SWIMMING POOLS , SWING/PLAY SETS,TRAMPOLINES, etc.. I don't understand your logic in saying it was unintentional on the part of the dog...How can anyone possibly know that?? |
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Nothing
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Actually, that's kind of totally crazy. you should definitely offer some kind of consolation, your dog is a pig.
The poor girl. she must hate you. |
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