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Dog owner responsibility

Should a dog owner be punished?

  • Total voters
    44
Jryan said:
Overview of State Leash Laws

Website informing you on leash laws, which I'm pretty sure you are disobeying.

First lets get our facts straight, in North Carolina it is illegal for you to have your dog off leash AT ANY TIME. Second, if a person is dumb enough to have their dog off leash and his or her dog runs up to mine and mine attacks. I'm not putting my hand in that fight to save your dog. Thirdly, if their dog gets killed off leash they were breaking the law, they are liable. Lastly, I think they should be jailed, leaving a dog off leash while walking him or her is negligence, even if the dog is "well-behaved".
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You read the law wrong
Overview of State Leash Laws

Finally, many states only restrain loose dogs during the nighttime hours, likely out of a concern that such dogs become a nuisance. (See Kentucky and North Carolina for examples). Again, it is important to note that while a state may not formally prohibit the running at large of dogs, most local municipalities have adopted a restraint ordinance. In most states, local units of government inherently have the ability to enact such laws as part of their police powers. A few states have this power to regulate dogs and other animals specifically from state legislation.
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Secondly, despite what the code says, many courts have decided that dogs can be unleashed as long as they are "under the control" of their owner. You won't find that by searching through the legal code

Thirdly, even if leashed, you are still responsibile for your dog. The fact that your dog attacks other dogs is, under the law, proof that your dog is NOT under your control.

Finally, you are not doing you or your dog any favor by conditioning your dog to be aggressive. It will only lead to your dog becoming more aggressive, possibly towards other people, in which case, your dog might be confiscated and destroyed.

Face it!! Your dog is aggresive. If it becomes known that your dog has a history of attacking dogs, you could be held criminally liable, in addition to being sued. Your dogs aggression is covered under your states "Dangerous Dog" statutes. Being on a leash does not relieve you of your potential liabilities

North Carolina Dangerous Dog Laws
These North Carolina statutes comprise the state's dangerous dog and dog bite laws. Among the provisions include misdemeanor penalties for an owner if a dangerous dog attacks a person and causes physical injuries requiring medical treatment in excess of one hundred dollars ($100.00) and strict liability in civil damages for any injuries or property damage the dog inflicts upon a person, his property, or another animal. Another statute provides that any person brought to receive medical treatment for a dog bite must report it to the local health director and the animal must be confined for a ten day observation period.
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Under the law, a dangerous dog is ANY dog that
Without provocation has killed or inflicted severe injury on a person;
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The law also says

(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.
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Obviously, you are not muzzling your dog

§ 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.
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Obviously, you are not muzzling your dog
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My dog is not a "dangerous dog" because he did not bite someone outdoors. (BTW, the NC laws about dogs are retarded. It would of been better (insurance wise) for my dog to of bit my aunt outdoors than in our own home.)

Without provocation has killed or inflicted severe injury on a person;
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If you try and take a dog's food from him and he growls at you two times baring teeth and you go for it a third, I'd say you provoked the dog.

Face it!! Your dog is aggresive. If it becomes known that your dog has a history of attacking dogs, you could be held criminally liable, in addition to being sued. Your dogs aggression is covered under your states "Dangerous Dog" statutes. Being on a leash does not relieve you of your potential liabilities
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I can mace a dog just for the dog being off leash. If an off leash dog comes up to me the dog is on its own turf and whatever happens is the dog owner's fault, not the on leash dog's fault.
 
Jryan said:
With jail time though? I mean I can see if it is dog abuse (ie they are making dogs fight) but for just, oh **** I didn't know, or you did know and the dog got loose.
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The dog is your property. You are responsible for ensuring your property does not infringe on the right of others. If it does, you should be responsible. Period!
 
ludahai said:
The dog is your property. You are responsible for ensuring your property does not infringe on the right of others. If it does, you should be responsible. Period!
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So my child is my property too?
 
Jryan said:
My dog is not a "dangerous dog" because he did not bite someone outdoors. (BTW, the NC laws about dogs are retarded. It would of been better (insurance wise) for my dog to of bit my aunt outdoors than in our own home.)
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You're missing the point

Your dog is aggressive. Even you admit that. And *if* he bites someone or another dog, the law then considers him a "dangerous dog" as my link shows. You will be held liable for the harm he has caused to any person or animal. Ask any animal behaviorist and you will be told that aggressive animals should be muzzled or are more likely to eventually act aggressively in other situations, including with people. In addition, your dogs aggressive tendencies are not good for him.

People How to Stop Your Dogs Aggression towards Other Dogs
Often, dogs turn their aggressive behavior into dangerous behavior and threatening the health of other dogs. Whether you have more than one dog in your home or are concerned about neighborhood dogs, this aggressive behavior can limit the options for your dog. For example, aggressive dogs cannot be boarded in kennels with other dogs and must be kept segregated. Additionally, aggressive dogs cannot enroll in "doggy day care" or participate in any other activities that involve other dogs. This is a disappointment for both dog and owner, so work to correct improper behavior so that your dog can be a happy, healthy member of society.

First of all, if you know your dog has a problem with showing aggression towards other dogs, be sure to avoid any potentially dangerous situations. Keep your dog on a leash at all times and, in necessary, choose to muzzle your dog. Furthermore, avoid allowing your dog to socialize without proper supervision
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In addition, you said your dog is aggressive towards small dogs. This can be due to "prey drive" (ie hunting instinct). That can be dangerous because you never know what's going to trigger your dogs prey drive


If you try and take a dog's food from him and he growls at you two times baring teeth and you go for it a third, I'd say you provoked the dog.
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Again, you miss the point. This isn't about feeding your dog. It's about your taking your dog outside without a muzzle. You said your dog attacks small dogs that approach him. That makes your dog a dangerous dog. Period. End of sentence.

It also makes you responsible for any harm your dog inflicts on any person or animal. The links I posted prove this. Period. End of sentence



I can mace a dog just for the dog being off leash. If an off leash dog comes up to me the dog is on its own turf and whatever happens is the dog owner's fault, not the on leash dog's fault.
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Not in NC. I posted the law which says a dangerous dog is ANY DOG (either leashed or unleashed) that causes harm to another. You are required, under NC law, to muzzle your dog, and you are responsible for any harm your dog causes. The law says NOTHING about whether it's on a leash or on your property or in your home.

In addition, NC only requires (non-dangerous) dogs to be leashed AT NIGHT.
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I think you are a dog trainer, not for your education but for your hard hardheadedness. I say this only because I have hired a few and they all have their "style" which they do not stray from. So do you not think all dogs should be leashed at all times while outdoors? Would this not solve all outdoor incidents?

Not in NC. I posted the law which says a dangerous dog is ANY DOG (either leashed or unleashed) that causes harm to another. You are required, under NC law, to muzzle your dog, and you are responsible for any harm your dog causes. The law says NOTHING about whether it's on a leash or on your property or in your home.
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That is wrong, NC law says nothing of the sort. Source, I'm currently going through this.
 
Jryan said:
Back on subject, I don't think the owner should be responsible if it is the first or the second time (although the dog, sadly, should if it is the second time or the first time was severe, ie murder).
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Dogs are considered personal property under the laws of every state in the Union. Usually a dog's owner is responsible for any injury or damage his dog does (first bite or not, by the way) -- unless, for instance, his dog was in the care of someone else with the owner's permission; i.e., you let your cousin walk your dog and your dog bites someone. Your cousin is probably responsible for any injury/damage done by your dog.
 
I'm going to go on further, whenever I am walking my dog on a leash, when I approach anyone with a dog, I say, "My dog is not friendly", if dog is not on leash, "My dog is not friendly I suggest you put your dog on a leash." I then take my dog off the trail several feet and make him sit and wait as the other dog passes. The scenario I"m describing about said Chihuahua is where my dog is sitting on the side of the trail and the off leash offender runs up and starts sniffing my dog, which my dog then attacks. I have given fair warning to the dog owner, they refused to train their dog correctly, and I even took my dog out of the way so they could walk clear by us.
 
Jryan said:
I'm going to go on further, whenever I am walking my dog on a leash, when I approach anyone with a dog, I say, "My dog is not friendly", if dog is not on leash, "My dog is not friendly I suggest you put your dog on a leash." I then take my dog off the trail several feet and make him sit and wait as the other dog passes. The scenario I"m describing about said Chihuahua is where my dog is sitting on the side of the trail and the off leash offender runs up and starts sniffing my dog, which my dog then attacks. I have given fair warning to the dog owner, they refused to train their dog correctly, and I even took my dog out of the way so they could walk clear by us.
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You are good to go and not liable. Although, of course, that doesn't preclude a lawsuit one must remember.
 
MaggieD said:
You are good to go and not liable. Although, of course, that doesn't preclude a lawsuit one must remember.
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Yeah, they would lose the lawsuit though. I'm being a responsible dog owner. A person with their dog off leash is a irresponsible dog owner. (BTW, I actually do the steps above and the scenario I mentioned happened. They were all "Oh, well my dog's friendly.")
 
Jryan said:
I think you are a dog trainer, not for your education but for your hard hardheadedness. I say this only because I have hired a few and they all have their "style" which they do not stray from. So do you not think all dogs should be leashed at all times while outdoors? Would this not solve all outdoor incidents?



That is wrong, NC law says nothing of the sort. Source, I'm currently going through this.
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1) All aggressive dogs should be muzzled when outside.

2) You are confusing the leash laws with the laws that say you are liable if your dog bites someone. The former apply whether or not your dog is aggressive or attacks someone or something. The latter apply if your dog does attack someone or another animal. Under the law, the fact that your dog harmed someone is considered proof positive that you did not have your dog "under control". As a result, you will be held liable for any damage

If your dog attacks another, unleashed, dog, and that dogs owner intervenes to try to stop the attack, your dog may bite that person. If your (leashed) dog bites someone, you won't get a fine for having an unleashed dog, but you can be sued (and lose) because you will be held responsible for the harm done to the other dogs' owner.
 
Jryan said:
I'm going to go on further, whenever I am walking my dog on a leash, when I approach anyone with a dog, I say, "My dog is not friendly", if dog is not on leash, "My dog is not friendly I suggest you put your dog on a leash." I then take my dog off the trail several feet and make him sit and wait as the other dog passes. The scenario I"m describing about said Chihuahua is where my dog is sitting on the side of the trail and the off leash offender runs up and starts sniffing my dog, which my dog then attacks. I have given fair warning to the dog owner, they refused to train their dog correctly, and I even took my dog out of the way so they could walk clear by us.
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Fair warning is nice for you to do, but it doesn't relieve you of liability should your dog bite the other dogs owner (ex if the owner tries to break up the fight) You should muzzle your dog

Training your Dog to Wear a Dog Muzzle
 
sangha said:
Fair warning is nice for you to do, but it doesn't relieve you of liability should your dog bite the other dogs owner (ex if the owner tries to break up the fight) You should muzzle your dog

Training your Dog to Wear a Dog Muzzle
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I'll take liability on that one, I'm not training my dog to wear a muzzle. I love my dog, I love his freedom, and I love him on walks. Why should I have to suffer because some idiot can't use a leash? I personally will take the misdemeanor.
 
sangha said:
Fair warning is nice for you to do, but it doesn't relieve you of liability should your dog bite the other dogs owner (ex if the owner tries to break up the fight) You should muzzle your dog

Training your Dog to Wear a Dog Muzzle
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In most cases, he would not be held liable. His dog is under his control; the other dog is off-leash and, quite obviously, not under its owner's control. However, this does not relieve him from the moral responsibility of muzzling his dog if his dog is vicious toward other animals. That's just the right thing to do.
 
MaggieD said:
In most cases, he would not be held liable. His dog is under his control; the other dog is off-leash and, quite obviously, not under its owner's control. However, this does not relieve him from the moral responsibility of muzzling his dog if his dog is vicious toward other animals. That's just the right thing to do.
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My dog can't attack any other dog unless their dog is off leash.
 
Jryan said:
Yeah, they would lose the lawsuit though. I'm being a responsible dog owner. A person with their dog off leash is a irresponsible dog owner. (BTW, I actually do the steps above and the scenario I mentioned happened. They were all "Oh, well my dog's friendly.")
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Going to add here what my dog trainer told me to do, carry mace.
 
Jryan said:
I'll take liability on that one, I'm not training my dog to wear a muzzle. I love my dog, I love his freedom, and I love him on walks. Why should I have to suffer because some idiot can't use a leash? I personally will take the misdemeanor.
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Properly trained, most dogs won't mind a muzzle. In fact, may will eventually respond positively to a muzzle because they learn it means "We're going for a walk!!"

Get a "basket muzzle". They don't restrict the dogs ability to breathe and are more comfortable.
basketmuzzle__44925_zoom.jpg


MaggieD said:
In most cases, he would not be held liable. His dog is under his control; the other dog is off-leash and, quite obviously, not under its owner's control. However, this does not relieve him from the moral responsibility of muzzling his dog if his dog is vicious toward other animals. That's just the right thing to do.
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"Leash laws" are different than "dangerous dog" laws. Under the latter, which 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.

unleashed dog = fine imposed by the govt for breaking the law
dog bite = liability in a civil suit (a tort) brought by a private party

The rules are different for both
 
Jryan said:
My dog can't attack any other dog unless their dog is off leash.
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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.
 
sangha said:
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.
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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.
 
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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.
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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)?
 
MaggieD said:
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.
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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
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§ 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.
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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.
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Jryan said:
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)?
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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.
 
Your statement on "dangerous dog" is wrong for NC. If it weren't, then we would owe a certain someone a couple thousand dollars.
 
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