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NFT: Question for BBI lawyers/dog owners

NyquistX3 : 9/15/2014 1:28 pm
Here's the situation:

A 3 month old dog was just adopted at the shelter over the weekend. The dog was on a leash and walking to the owner's mailbox in an apartment complex. A mother and her approximately 5 year old child approached their nearby mailbox. The child excitedly proclaimed "a doggy!" and left the mother to touch the dog, where the dog excitedly jumped up and knocked the child to the ground. No attack was made and the child did not suffer any injuries, aside from being scared. The mother freaked out and blamed the dog owner for harming her child.

Who was wrong here? The dog was on a leash and the child came to the dog, so I think the dog owner did nothing wrong, but I'm not familiar with these cases. If the mother decided to sue, would she have any sort of case?
Why wasn't the kid  
Peter in Atlanta : 9/15/2014 1:32 pm : link
on a leash?
RE: Why wasn't the kid  
BrettNYG10 : 9/15/2014 1:34 pm : link
In comment 11864235 Peter in Atlanta said:
Quote:
on a leash?


This.
That was also a thought I had.  
NyquistX3 : 9/15/2014 1:35 pm : link
If the mother had supervised her child properly the situation wouldn't have occurred.
Other people's kids are awful.  
GiantFilthy : 9/15/2014 1:36 pm : link
All dogs are great.
Sue for what?  
tbonfig : 9/15/2014 1:37 pm : link
In this situation, there were no damages.

If the child was hurt, then I'll defer to someone else but would question how it would hold up in a court of law.
IMO  
steve in ky : 9/15/2014 1:40 pm : link
It would depend on the length of the leash. I think the point of leash laws is for an owner to be in control of his dog at all times. With some of these retractable leashes they can be let out to where while the dog couldn't run away it still can be out of the owners control.

When I walk my dog I keep a fairy taught leash when people are near by. That couldn't have happened if the child had approach my dog while I was walking him. I would have had him tight to my side by that point.

That said the mother sounds over reactionary IMO, and should have just dusted the boy off, maybe make a small mention of keeping tighter control of the animal and moved on.
Sue the mother for future damages for most likely turrning her kid  
Stu : 9/15/2014 1:44 pm : link
into a pussy. Agree with the above. Dust the kid off and move on. The stupid ass mother had her kid within range of the dog. Did she not think the dog might get excited, as dogs are certainly known to do?
RE: Other people's kids are awful.  
BrettNYG10 : 9/15/2014 1:44 pm : link
In comment 11864244 GiantFilthy said:
Quote:
All dogs are great.


This.
my argument for the mother would be  
bc4life : 9/15/2014 1:49 pm : link
kids do spontaneous and unexpected things. You have to think for children - despite what kid did, owner still had ability to control their dog.
and what steve  
bc4life : 9/15/2014 1:51 pm : link
said. my dog is very friendly but very strong - a friendly lunge at a child could injure the child. in addition to thinking for children you have to think for the animal.
Check your state laws  
HomerJones45 : 9/15/2014 1:56 pm : link
in many states, the keeper of a dog is strictly liable for any damages caused by the dog. In other words,there is no fault or negligence needed.
I would assume this would ne analyzed under a negligence standard.  
Don in DC : 9/15/2014 2:03 pm : link
Did the dog's owner act in a manner that was unreasonable under the circumstances, in a way that it was reasonably foreseeable that that behavior would cause injury to another?

No. Based on the facts as laid out above, there is no unreasonable behavior by the dog owner, let alone unreasonable behavior from which harm to another was reasonably foreseeable.

Moreover, even if there was some sort of culpable negligence on the part of the dog owner, the woman and her child assumed the risk of harm by approaching the dog, and potentially were contributorily negligent.

Finally, even if the woman were to sue and somehow establish liability, there would be no damages whatsoever. No injury, no damages.

So, no case.
But who is going to pay for the years of therapy this poor child is  
fredgbrown : 9/15/2014 2:10 pm : link
going to have to go through to get rid of his now fear of dogs.
did woman and child approach  
bc4life : 9/15/2014 2:13 pm : link
or just the child?
RE: did woman and child approach  
NyquistX3 : 9/15/2014 2:26 pm : link
In comment 11864330 bc4life said:
Quote:
or just the child?


Just the child approached the dog.

Thanks to everyone who replied. I really appreciate you taking the time to help.
Turns out my negligence standard assumption  
Don in DC : 9/15/2014 2:26 pm : link
was a poor one. 36 states have adopted strict liability statutes for dog bites (or, in some cases, any kind of dog attack).

It shouldn't change the analysis ultimately, as there was no harm here. So, even if this was in a strict liability state, the dog's owner would be liable for... nothing.
Forgot the link  
Don in DC : 9/15/2014 2:27 pm : link
.
Link - ( New Window )
Thank you!  
NyquistX3 : 9/15/2014 2:52 pm : link
!
.  
Del Shofner : 9/15/2014 3:07 pm : link
"When I walk my dog I keep a fairy taught leash"

I had to read that a couple of times to figure out what you meant ...
isnt the dog  
oke49 : 9/15/2014 3:10 pm : link
legally known as an attractive nuisance ?
RE: .  
steve in ky : 9/15/2014 3:13 pm : link
In comment 11864466 Del Shofner said:
Quote:
"When I walk my dog I keep a fairy taught leash"

I had to read that a couple of times to figure out what you meant ...


LOL, between my horrible typing and auto correct you never know what I might let loose with.
Beat the child with a switch  
pmmanning : 9/15/2014 3:36 pm : link
Adrian Peterson

You didn't explain the most important part  
Patrick77 : 9/15/2014 3:38 pm : link
What did the mother look like?

Good thumbs?
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