Re: Advice from legal perspective --
[Re: Valerie Tietz-Kelly ]
#153648 - 08/28/2007 07:11 PM |
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Looks like the owner of the lab has signed papers agreeing to euth the dog after the quarentine. I sure hope the dog was truely lost and not the way it was because the owner was a disgusting excuse for a human being. At least the danger aspect of the dog is being contained...we will see.
Serious, I would give this guy some credits if he is willing to euthanize his dog. Yes, he made a terrible mistake. I hope he will learn something good out of it and be a responisble dog owner.
"It's better to be an optimist who is sometimes wrong than a pessimist who is always right" |
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Re: Advice from legal perspective --
[Re: Lindsay Janes ]
#153649 - 08/28/2007 07:15 PM |
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Danita, if you think you have to watch your GSDs and not your sister's Lab's, that's a problem. A HUGE problem. I would never, EVER give one breed the benefit of the doubt over another. Based on breed only.
Oh yeah! I totally agree with you. It is stupid to assume that labs are always nice and friendly. No one needs to worry about them when they are present. Nope! They can be dangerous just like any other breeds.
It is the owner's responsiblity to train and socalize their dogs. They should
I posted this link on another thread: http://www.carmelpinecone.com/070824-1.html
You'll notice it was the Lab and NOT the GSD that attacked and killed the maltese. I've seen more nervy Labs and Goldens then Pits or GSDs.
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Re: Advice from legal perspective --
[Re: Sarah Morris ]
#153651 - 08/28/2007 07:31 PM |
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I posted this link on another thread: http://www.carmelpinecone.com/070824-1.html
You'll notice it was the Lab and NOT the GSD that attacked and killed the maltese. I've seen more nervy Labs and Goldens then Pits or GSDs.
Who is that for? Was that for me? I didn't defend the lab.
"It's better to be an optimist who is sometimes wrong than a pessimist who is always right" |
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Re: Advice from legal perspective --
[Re: Lindsay Janes ]
#153654 - 08/28/2007 07:46 PM |
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No, it wasn't for you. I agree with you and Alex.
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Re: Advice from legal perspective --
[Re: Danita Phillips ]
#153680 - 08/29/2007 05:09 AM |
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I just have a breed question, do labs attack like this more often than we hear about, as i thought most were very friendly, my sister has a few and i never think to watch them ,but watch all my gsd , so my question is it something to do with training or maybe breeding , or may be the enviroment, from the reaction of the owner, which seems with out question out of line .I wonder if he would have done that, if a grown man or her child was still there?
Every dog bites. The perception of the dog differs from breed ot breed. If you look at statisticks you'll find that most of the bite-accidents happen with so-called gentle breeds. Why... Because they are so sweet. People tend to go near these dogs and put themselfs in danger of being bitten. whereas with a "dangerous" breed people tend to move away and thus minimizing the interaction time and risk of being bitten.
for instance the Cockers Spaniel. sweet dog and dangerous at the same time. I personaly know sevaral people being put into hospital by such asweet little thing
My rule of thumb; If the dog can't hide itself, standing up and in profile behind a scheet of paper size A4 it is potentialy dangerous.
Greetings
Johan
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Re: Advice from legal perspective --
[Re: Danita Phillips ]
#153704 - 08/29/2007 09:59 AM |
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I just have a breed question, do labs attack like this more often than we hear about,
The Canible Dog that I have previously posted about was a White Lab. Any Dog Breed can be dangerous. That is what is ridiculous about BREED Banning. See other Thread about Pit Bull Conundrum.
Cheers!
Louanne
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Re: Advice from legal perspective --
[Re: Johan Engelen ]
#153705 - 08/29/2007 09:59 AM |
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As far as i am concerened, every Dog on the Planet will turn and Bite regardless of Breed or size if treated badly, this Guy who owned the Lab should never be allowed to own a Dog again of any Breed, It would not be fair to the Dog, The Man if one can call him that is a complete Moron
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Re: Advice from legal perspective --
[Re: Valerie Tietz-Kelly ]
#153707 - 08/29/2007 10:06 AM |
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Looks like the owner of the lab has signed papers agreeing to euth the dog after the quarentine.
He may be doing so in an effort to keep your friend at bay, as she could insist on it anyway (IMHO) since the Dog Bit her.
Louanne
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Re: Advice from legal perspective --
[Re: Louanne Manter ]
#155238 - 09/14/2007 06:15 AM |
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Don't take this as legal advice, but if I were your friend, I would look into suing on the lab biting her leg as well as on the death of poor Mia.
I assume that your friend has all medical records for the bites she suffered?
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Re: Advice from legal perspective --
[Re: Valerie Tietz-Kelly ]
#155293 - 09/14/2007 11:46 PM |
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Standard disclaimer-not legal advice for any person, just a statement of personal opinion based on professional experience, no attorney/client relationship formed here, blah blah...
While I partially agree with Ingrid, I'm more closely aligned with Howard's position. I see several potential causes of action: first, an action in property to recover the "cost" of the dog; second, assault/battery (on an object intimately connected with the PB's owner, and therefore on the PB's owner herself (the "dog on leash" example is the classic tesxtbook version of intimate connection assault); third, either intentional or negligent infliction of emotional distress; fourth, under the state's dog bite statute (many of which are "strict liability" statutes, meaning it doesn't matter *why* the dog bit, only *that* the dog bit; fifth, simple negligence for failing to control the dog. Note especially that the damages flowing from a dog bite can include future disability, loss if income, medical bills, pain and suffering, etc. Adds up fast.
Those five things should be more than enough to get your foot in the door with a plaintiff's attorney. Between the alleged amounts of these expenses, I doubt it would be a case properly heard in small claims court. If I were attacked under these circumstances, I would completely shellac this guy (but I've been called a scorched-earth type, so maybe that's just me).
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