View Poll Results: Should a dog owner be punished?

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  • Yes, with jail time.

    32 31.37%
  • Yes, with a fine

    16 15.69%
  • No

    54 52.94%
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Thread: Dog owner responsibility

  1. #321
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    Re: Dog owner responsibility

    Quote Originally Posted by sangha View Post
    If the other dogs owner gets in the middle of the fight, and your dog attacks that person, you can be held liable, leash or not

    You wont get a fine for having an unleashed dog (the other owner might) but you may have to pay their medical bills.
    Operative word is "may." I'm not certain how a small claims court would find. They would have to find some negligence on the part of the dog's owner. If they don't find negligence, the other guy loses. If someone tells you, "Stay away from my dog," and they charge in there at him, even to save their own, I think a judge would be hard-pressed to find negligence on the dog owner's part. JMVHO. Only a day in court could tell for sure.

    Edit: I sure understand what others are saying about their state's laws. I'm sure it depends on the laws of one's state, so I'm backing off this one.

    I do think that a dog who is mean to other dogs should be muzzled to protect others. You're either a dog lover or you're not. If you are, then, no matter who's liable, you don't want your dog responsible for the death or severe injury of another.
    Last edited by MaggieD; 10-02-11 at 10:17 PM.
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  2. #322
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    Jryan's Avatar
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    Re: Dog owner responsibility

    are applicable under NC law (where jryan lives), any dog that bites a person, leashed or not, is considered a dangerous dog and the owner is liable for the damage. He won't get a fine for not having his dog leashed, but he will be held liable for the damage his dog does.
    Because my dog was bitten in my home, he is not a "dangerous dog". I know this because this was put into the insurance claim.

    Also, you have avoided two questions here, are you a dog trainer? Do you think all dogs should be leashed at all times outdoors (Other than a in-fenced area)?

  3. #323
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    Re: Dog owner responsibility

    Quote Originally Posted by MaggieD View Post
    Operative word is "may." I'm not certain how a small claims court would find. They would have to find some negligence on the part of the dog's owner. If they don't find negligence, the other guy loses. If someone tells you, "Stay away from my dog," and they charge in there at him, even to save their own, I think a judge would be hard-pressed to find negligence on the dog owner's part. JMVHO. Only a day in court could tell for sure.

    Edit: I sure understand what others are saying about their state's laws. I'm sure it depends on the laws of one's state, so I'm backing off this one.

    I do think that a dog who is mean to other dogs should be muzzled to protect others. You're either a dog lover or you're not. If you are, then, no matter who's liable, you don't want your dog responsible for the death or severe injury of another.
    I said may because the other person may not sue. If they do, the NC law is pretty clear

    North Carolina Dangerous Dog Laws

    67-4.1. Definitions and procedures.
    (a) As used in this Article, unless the context clearly requires otherwise and except as modified in subsection (b) of this section, the term:

    (1) "Dangerous dog" means

    a. A dog that:

    1. Without provocation has killed or inflicted severe injury on a person; or
    67-4.2. Precautions against attacks by dangerous dogs

    (a) It is unlawful for an owner to:

    (1) Leave a dangerous dog unattended on the owner's real property unless the dog is confined indoors, in a securely enclosed and locked pen, or in another structure designed to restrain the dog;

    (2) Permit a dangerous dog to go beyond the owner's real property unless the dog is leashed and muzzled or is otherwise securely restrained and muzzled.
    If the dog is unmuzzled, then the owner is liable when it bites someone. If the other dog is unleashed, it's owner can be fined for violating the leash laws, but their violation of the leash laws does not mean that jryan is released from liability when his dog bites another person.

    67-4.3. Penalty for attacks by dangerous dogs

    The owner of a dangerous dog that attacks a person and causes physical injuries requiring medical treatment in excess of one hundred dollars ($100.00) shall be guilty of a Class 1 misdemeanor.

    Added by Laws 1989 (Reg. Sess., 1990), c. 1023, 1. Amended by Laws 1993, c. 539, 533; Laws 1994 (1st Ex. Sess.), c. 24, 14(c), eff. March 26, 1994.

    67-4.4. Strict liability

    The owner of a dangerous dog shall be strictly liable in civil damages for any injuries or property damage the dog inflicts upon a person, his property, or another animal.

    Added by Laws 1989 (Reg. Sess., 1990), c. 1023, 1.
    Last edited by sangha; 10-02-11 at 10:35 PM.
    Quote Originally Posted by matchlight View Post
    Justice Thomas' opinions consistently contain precise, detailed constitutional analyses.
    Quote Originally Posted by jaeger19 View Post
    the vast majority of folks that need healthcare are on Medicare.. both rich and poor..

  4. #324
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    Re: Dog owner responsibility

    Quote Originally Posted by Jryan View Post
    Because my dog was bitten in my home, he is not a "dangerous dog". I know this because this was put into the insurance claim.

    Also, you have avoided two questions here, are you a dog trainer? Do you think all dogs should be leashed at all times outdoors (Other than a in-fenced area)?
    Yes, as far as your aunts lawsuit goes, it doesn't sound like your dog is a dangerous dog. I was referring to his aggression towards small dogs when you bring him outside.
    Quote Originally Posted by matchlight View Post
    Justice Thomas' opinions consistently contain precise, detailed constitutional analyses.
    Quote Originally Posted by jaeger19 View Post
    the vast majority of folks that need healthcare are on Medicare.. both rich and poor..

  5. #325
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    Re: Dog owner responsibility

    Your statement on "dangerous dog" is wrong for NC. If it weren't, then we would owe a certain someone a couple thousand dollars.

  6. #326
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    Re: Dog owner responsibility

    Quote Originally Posted by Jryan View Post
    Your statement on "dangerous dog" is wrong for NC. If it weren't, then we would owe a certain someone a couple thousand dollars.
    I cited the law and linked to it

    67-4.1. Definitions and procedures.
    (a) As used in this Article, unless the context clearly requires otherwise and except as modified in subsection (b) of this section, the term:

    (1) "Dangerous dog" means

    a. A dog that:

    1. Without provocation has killed or inflicted severe injury on a person; or
    Please note that it says nothing about the dog being leashed. If your dog is outside your property and bites someone, it is, by definition, a dangerous dog.
    Quote Originally Posted by matchlight View Post
    Justice Thomas' opinions consistently contain precise, detailed constitutional analyses.
    Quote Originally Posted by jaeger19 View Post
    the vast majority of folks that need healthcare are on Medicare.. both rich and poor..

  7. #327
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    Re: Dog owner responsibility

    a. A dog that:

    1. Without provocation has killed or inflicted severe injury on a person; or
    2. Is determined by the person or Board designated by the county or municipal authority responsible for animal control to be potentially dangerous because the dog has engaged in one or more of the behaviors listed in subdivision (2) of this subsection.
    1. Without provocation has killed or inflicted severe injury on a person; or
    2. Is determined by the person or Board designated by the county or municipal authority responsible for animal control to be potentially dangerous because the dog has engaged in one or more of the behaviors listed in subdivision (2) of this subsection.

    North Carolina

    Sorry mate, you keep referring to dangerous dog and my dog is not one under law.

  8. #328
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    Re: Dog owner responsibility

    Quote Originally Posted by Jryan View Post
    a. A dog that:

    1. Without provocation has killed or inflicted severe injury on a person; or
    2. Is determined by the person or Board designated by the county or municipal authority responsible for animal control to be potentially dangerous because the dog has engaged in one or more of the behaviors listed in subdivision (2) of this subsection.
    1. Without provocation has killed or inflicted severe injury on a person; or
    2. Is determined by the person or Board designated by the county or municipal authority responsible for animal control to be potentially dangerous because the dog has engaged in one or more of the behaviors listed in subdivision (2) of this subsection.

    North Carolina

    Sorry mate, you keep referring to dangerous dog and my dog is not one under law.
    Where did you get the provocation from?
    Quote Originally Posted by matchlight View Post
    Justice Thomas' opinions consistently contain precise, detailed constitutional analyses.
    Quote Originally Posted by jaeger19 View Post
    the vast majority of folks that need healthcare are on Medicare.. both rich and poor..

  9. #329
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    Re: Dog owner responsibility

    Quote Originally Posted by sangha View Post
    Where did you get the provocation from?
    I didn't get provocation from anywhere...?

  10. #330
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    Re: Dog owner responsibility

    If you own a narcissistic dog, you have a responsibility for its actions, even if you do your best to contain those actions.
    Silly poor people
    Tax cuts are for the rich!

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