Will:

Correct! The lawsuit suing Chris would most probably still be one, I was referring to the "vicious dog" posting by animal control, and subsequent raising of insurance prices. Sorry if I wasn't clear! <img src="/ubbthreads/images/graemlins/smile.gif" alt="" />

Ahh Mel, sorry, now I understand that you were giving advice about just one of the aspects that Chris is facing now. That was kinda confusing, but my advice about not bringing up any type of bite training in a court room setting is still worth folks knowing about - so the goof on both of our parts is to everyone's advantage. <img src="/ubbthreads/images/graemlins/wink.gif" alt="" />

I wish for all of us to never go through what Chris is having to deal with now, and I hope it comes out as clean as possible for him and his dog.

Sorry for not replying guy's. The propane tank is owned by me the company has explissed directions on not entering the property without appointment. I live in an area were a lot of illeagal aliens cross through our 20 acres. Serveral times they have broken in to the home and ransacked it.
Since releasing my dog the illeagals are unheard of. I have six foot high barbed wire fencing that covers the whole lot.They used to cut through but now they avoid my place. My family is safer because my boy has done his job...It's amazing how the system can work against the safty of the good man...

Also, does anyone know were I could find the definition between an offensive and defensive bite that would help in the case of animal control. They need to be sure that the dogs bite was in defense of his self. The man didn't even get hit by the dogs canine teeth I've seen the bite mark it was all front teeth more like a pinch I did offer to pay any medical expenses but I get no answer. I also live in an area were people are known to have lots of money. I'm not one of them. But my neighbors are owners of one of the biggest phone books in the states. California is the lawsuit capital.. I feel it coming!

Your dog sounds great. In fact he sounds anything but vicious since the guy did not leave with a bloody nub. Additionally, you took a ton of precautions and the trespasser was not hurt so he does not have any damages. I cannot imagine a lawsuit.

By the way there are two schools of thought on apologizing and offering to pay someones medical.

1) Great idea it cools off any bad feelings and makes someone less likly to sue you.

2) Bad idea it can be used as evidence that you felt the incident was your fault.

Hey there, Chris. You have received some good advise from some of the folks here - - go speak with an attorney. NOT just any attorney, okay? For years, I worked as a litigation paralegal at a lawfirm in Northeast Tennessee. An all purpose attorney down the road from your house, for example, may be conveniently located but proabably won't know a hoot about defending this type of case. Do some research and find someone that has a background in personal injury defense case law - preferably with experience in cases involving dog bites.

There are a number of things the court will look at - hard. One is the "reasonable person" doctrine. Have you done everything that a reasonable person in your situation should have done? It sounds like you did a number of things, but there is room for improvement, chinks in your armor, and a personal injury attorney (representing the man receiving the bite) will go after everything you could have done but didn't do. As the dog's owner, the legal responsibility to protect the innocent (stupid?) person is on YOU.

On the other side of the same coin, the courts will also look at the actions of the Amerigas man under the "reasonable person" doctrine. Does a reasonable delivery person show up at a residence unscheduled if it has been made clear by the owner of the residence that they MUST make an appointment before coming? (By the way, are your explicit directions about this in writing or did you verbally tell someone on the phone or something like that?) Does a reasonable person walk through posted guard dog and trespassing signs? By the way, Chris - have you made a formal, legal complaint against this person for trespassing?

As a paralegal, based on the info you provided in your posts I would want photos of your property, showing the posted signs; copies of proof of any formal training that your dog has undertaken; copies of the written instructions to the company to NOT enter your property without scheduling an appointment ahead of time; copy of the agreement you have with the company regarding refilling of tanks (i.e. who initiates contact when refill is needed/schedules appointment - you or them?); written statements from all neighbors that witnessed the actual events take place (I'd get these in a hurry - it's funny how memories fade and sometimes folks simply decide they don't want to get involved). This is just a start . . .

About an offer to pay for any medical expenses resulting from this, probably NOT a good idea - it does tend to reflect a sense of guilty feelings on your part. Besides, if he didn't really get injured, what medical expenses? If he went to a doctor, when he wasn't really injured (trust me, this happens ALL the time) then he may very well be laying the groundwork for his lawsuit against you. I.E., it might not "look" bad, but it was "extremely painful".

There are many aspects to your case to be considered, and in a court of law - who knows? My best advise? Help stack things in your favor by getting an attorney that KNOWS something about defending this type of case. There is always more than one way to approach a defense and some are a LOT better than others. It is unfortunate that some of the best legal defense paths are learned through experience . . . as a client you don't want to be on the "learning experience" end of the curve, you want an attorney that has completed the learning curve and can plan the best possible defense for your particular situation.

Hopefully, this guy won't sue. But if he does, I wish you the best.


Foot note to Will Rambeau

- if you plant chinese holly around your fence line, be sure it's on the INSIDE of the fence line. Similar situation in Mountain City, Tennessee - plants were placed outside fence and someone got hurt WHILE TRYING TO CLIMB the fence to gain access to the property and court ruled in THEIR favor - - go figure!! (If you are wondering, no, our firm wasn't the defense in that case! <img src="/ubbthreads/images/graemlins/laugh.gif" alt="" /> )

I have a fenced in yard with signs on all sides. I talked to my gas guy and he is familiar with Buretta. But just another story: There was a time when a guy was running from the cops and jumped my fence. Buretta pinned him up against the garage door and the police were able to come in and take the guy in custody withour incident from Buretta. Plus with fleeing and Resisting they guy was charged additionaly with tresspassing. Due to the signs I have posted on all sides and visible. I know it really does not pertain to your situation. But it is somethings you can do to soften the blow.

Quote: ( I'm still working on the solution to keep sky divers out of my yard, but the anti-aircraft guns are heavy and loud... )

Will,
This skydiver issue is a simple one, and this is also guaranteed to stop those pesky, unwanted helicoptors too; 2" X 9ft wooden poles, sharpened at one end, and sunk 2ft into your yard pointing UP. Say about 10-15 of them scattered throughout the yard. Sounds dumb, but it works. We use this set up whenever we don't want to be bothered, isn't military life wonderful?

Chris - go here: http://dogbitelaw.com/PAGES/whybite.html

Near the bottom of the page he talks specifically about "provocation". May help you since the guy actually tried to hit the dog.

It's a starting point for the legal research that will be involved in proving up your case.

roz.

Hey guys it's been a while and I think I should end this story with a positive note. We won.. They attempted a suit but when the his attorney was presented with all our evidence ,including witness statements of him striking my dog, and the company print out of our explicit directions, they ran away with their tails tucked.. poor nerves.. anyways chalk one up for the good guys.