Search

what to be aware of when divorcing your spouse

Questions Determining Liability For Dog-On-Dog Attacks

29 April 2016

Joy Johnson

Can you get compensation when another dog attacks your dog? You may, but it depends on the facts on the ground, which will be used to prove who is liable for the attack. Here are some of the facts that matter:

Where and How Did the Attack Take Place?

This is an important question since it determines which dog invaded the other's property, which translates to which owner was negligent in containing their dog. For example, if a neighbor's dog comes to your home and attacks your dog, then you may have a strong claim against your neighbor. The issue of containment also comes into play for attacks that occur in public. For example, if you have your dog on a leash, and it is attacked by another dog running free, then the owner of the free dog may be liable for your dog's injuries.

Who Was the Aggressor?

Usually, if the attack occurs on neutral ground (such as a public street), then the owner of the dog that initiates the attack may be held liable for the injuries. This is because each dog owner has a reasonable duty keep their animal from attacking others. However, this is rarely the case because it isn't always clear which dog attacked first. Unless there are witnesses or video cameras nearby, you may fail to identify the aggressor. 

Which Breed Is More Dangerous?

Some dog breeds are more naturally prone to violence than others. Therefore, in cases where it isn't clear which dog attacked first, the owner of the more aggressive dog may be held liable for the injuries. The assumption here is that the owner of a dangerous dog should take more measures in preventing such attacks than the owner of a more docile breed. The argument is even stronger if the aggressive dog is stronger and bigger than the docile one. For example, when a Rottweiler (a medium-large and powerful breed) injures your Shi Tzu (a small toy dog), then, absent other special circumstances, you may have a strong argument for holding the Rottweiler's owner responsible for your dog's injuries.

Is There a History of Aggression?

Finally, the histories of the respective dogs will also come into consideration. Their violent tendencies will particularly be important. Has the dog attacked another dogs, animals or people in the past? The owner of a dog with violent tendencies is expected to take more precautions in keeping the animal under check.

The court is likely to focus not on one question, but on the totality of the circumstances concerning the attack. The more factors stack up against the offending dog, the more likely that their owner will be found liable. For example, the owner of an aggressive dog with a violent history who was running loose in the street is likely to be liable for injuries their dog causes to a leased dog with no history of attack.

For help with your case, consider hiring an attorney from a company like Spiegal And Barbato LLP.

Share