I took the dog in a couple weeks ago, and he's just now found the dog. I
asked him constantly to keep his dog out of my yard, because it kept
fighting with my dogs. Though he didn't listen. Apparently he's trying
to sue me now because they spayed his dog that he was using for breeding
and for the fee he had to pay to get the dog back.
Answer
Katie:
Oh, I disagree with the "legal advice" you've been given. I find the
reference to Judge Judy to be laughable. She's an ARBITRATOR, not a
JUDGE. She rules regularly based on who knows what, against the law in
the State of the Defendant.
Now that that's over this depends on several factors. Can he sue you? Yes - BUT keep in mind that dogs are property, like chairs, whether dog lovers (and I am a dog lover) like the law or not. Whether taking the dog in and turning it over to a rescue/shelter makes you liable depends on several factors: Did you do EVERYTHING a reasonable person would/could/should have done - and that involves WARNING the owner, which you apparently did; Was the dog on your property? Have your dogs been injured by this dog - if so, who paid the Vet bills? Were you 100% sure it was his dog - and it's your word against his. THEN if it comes to damages - has he used the dog for breeding before? How much did he "earn" GROSS and NET on the pups? IF he bred the dog with the same dog he used in the last breeding, how many pups? What would this prospective litter be worth?
I see this 75% you/25% him.
I have seen this scenario more than a few times with rescue groups. I have NEVER seen a rescue group lose - although I'm sure in other places they have.
I'd tell the neighbor to stop threatening and DO something. I'd also suggest that he keep his dog confined. I live on two fenced acres, so my dogs are contained, BUT I don't see why YOU should pay for a fence to keep HIS dogs out!
I'd LOVE to be involved in this if/when it goes to Court.
Now that that's over this depends on several factors. Can he sue you? Yes - BUT keep in mind that dogs are property, like chairs, whether dog lovers (and I am a dog lover) like the law or not. Whether taking the dog in and turning it over to a rescue/shelter makes you liable depends on several factors: Did you do EVERYTHING a reasonable person would/could/should have done - and that involves WARNING the owner, which you apparently did; Was the dog on your property? Have your dogs been injured by this dog - if so, who paid the Vet bills? Were you 100% sure it was his dog - and it's your word against his. THEN if it comes to damages - has he used the dog for breeding before? How much did he "earn" GROSS and NET on the pups? IF he bred the dog with the same dog he used in the last breeding, how many pups? What would this prospective litter be worth?
I see this 75% you/25% him.
I have seen this scenario more than a few times with rescue groups. I have NEVER seen a rescue group lose - although I'm sure in other places they have.
I'd tell the neighbor to stop threatening and DO something. I'd also suggest that he keep his dog confined. I live on two fenced acres, so my dogs are contained, BUT I don't see why YOU should pay for a fence to keep HIS dogs out!
I'd LOVE to be involved in this if/when it goes to Court.
Edith:
Well,
if he sues you, it would be in small claims court. If he really does,
you don't want to ignore him because you don't want a automatic
judgement against you. You don't want the courts to be on his side.
That is where the trouble will really starts.
What you should do is
meet him head on, such as a notification that if he does sue, he
contract you by such and such. Find out what the time limits are. You
will have to decide what your defense is and what you/he can prove, the
problem being is that there is a record that you turned the dog in, and
that you had a right to turn the dog in.
It would have been easier to
simply dump the dog and be quiet. I think the best defense is that you
thought it was an unknown stray dog on your property, know nothing
about his dog, but it again depends upon what you have already said.
Likewise, you can raise the ante a bit by saying that he abuses dogs and
that there are dogs there that are used in training fighting dogs.
That you though that this dog was actually one of the dogs that he uses
to train fighting dogs. If you have any photo of a dog fight involving
his dogs, that should do it. Finally, suggest to him that he cool down
and move to someplace where he can let his dogs do whatever he wants.
He probably will. Be sure and keep a record of everything that goes on.
Actually, if you pursue it, he will not win because the dog was on
your property, and therefore considered a stray. You might check with a
lawyer to see how determinant that is in the law.
Jane:
You
took your neighbor's property, without his knowledge or permission, or
any intention of giving it back. You stole his property. For that, he
could have you charged and arrested.
As an aside, unless his ***** is a registered purebred, of show quality (which, given the circumstance, I highly doubt), in my opinion, spaying her was a good thing. Millions of dogs who should never have been born are killed and thrown into landfills, where their bodies are burned or buried. Anyone who wants a pet dog should get one only a few places. !. a friend or neighbor (an advertised dog may be defective or stolen)
As an aside, unless his ***** is a registered purebred, of show quality (which, given the circumstance, I highly doubt), in my opinion, spaying her was a good thing. Millions of dogs who should never have been born are killed and thrown into landfills, where their bodies are burned or buried. Anyone who wants a pet dog should get one only a few places. !. a friend or neighbor (an advertised dog may be defective or stolen)
2. a
city/county shelter
3. a 501c 3 non-profit rescue group or shelter
(There are rescues for almost every breed, if a purebred is what you
choose, after careful research.)
4. a breeder of purebred show dogs.
Only a few of their pups will be quality show dogs; they are delighted
to see their other pups to to good homes, after they are
spayed/neutered. SPAY/NEUTER your cats & dogs! They live longer,
happier lives, with fewer breast and other cancers.
NEVER buy the cute puppy in the window at a pet store. No mater what they tell you, every one of these puppies was born in a puppy mill and trucked in semi-trailers to the stores. The purebred or crossbred parents may have "papers" but are often defective and always kept in horrible conditions. The few pups you see in the windows are the few survivors, so far. They often have serious, expensive and fatal health problems, such as seizures. And every puppy purchased there adds to the demands for more production in the puppy mills.
NEVER buy the cute puppy in the window at a pet store. No mater what they tell you, every one of these puppies was born in a puppy mill and trucked in semi-trailers to the stores. The purebred or crossbred parents may have "papers" but are often defective and always kept in horrible conditions. The few pups you see in the windows are the few survivors, so far. They often have serious, expensive and fatal health problems, such as seizures. And every puppy purchased there adds to the demands for more production in the puppy mills.
Anonymous:
I
suppose that he could sue you, but obviously the dog was not wearing a
tag, and most likely lacks required vaccinations. Unless you took it
from his yard and removed tags before bringing it to the shelter, I
think you're ok.
If it goes to court, deny that you knew it was his, you simply were dealing with an aggressive stray dog.
If it goes to court, deny that you knew it was his, you simply were dealing with an aggressive stray dog.
Dachsie:
Can
he sue...sure, people can sue for anything. The dog was on your
property, trespassing. If the dog was that important to him, then he
should have made sure his dogs were contained.
I suggest you speak with a lawyer. Next time, make sure you leave a paper trail and call animal control every you see one of his dogs on your property, it's also good to have video. You can pick up one of those camera that are used for hunting, their pretty inexpensive. This way you have video.
I suggest you speak with a lawyer. Next time, make sure you leave a paper trail and call animal control every you see one of his dogs on your property, it's also good to have video. You can pick up one of those camera that are used for hunting, their pretty inexpensive. This way you have video.
Megan:
He sure can. There's more than one thing he could sue you for. 1) You
stole his property. His dog is HIS property, and you can be easily sued
for that. 2) You messed with the mans livelihood. Thats how he makes his
money. 3) You trespassed. I don't know if you grabbed the dog while he
was on your property, if so thats not trespassing, but if you went in
his yard to take the dog, then yes, you trespassed. My advice, find
yourself a lawyer. A good one too, because the odds are not in your
favor. Look at putting a fence up. That way you both will be happy. Hope
this helped.
Anthony:
Well
technically if it was on your property you could have shot it if you
wanted to. I'd suggest that next time, but use a pellet gun if you don't
want to kill it. Also if it was fighting with your dogs you can sue him
for damage of your property. Though once a dog is off its property it's
considered a stray, which meant it could have been taken to the pound.
But if you went on his property then you stole the dog, and he can sue
you.
Edit: Next time just shoot it, since everyone seems to think having aggressive strays attacking your dog is a good thing. Me personally I would have already disposed of the dog. Though I'm kind to the friendly strays I don't mind them.
Edit: Next time just shoot it, since everyone seems to think having aggressive strays attacking your dog is a good thing. Me personally I would have already disposed of the dog. Though I'm kind to the friendly strays I don't mind them.
Alfajores:
His fault 100%.He can't denie that he didn't warn you and it doesn't
seem like he's a professional breeder if he lets his dog fight and
wander around to get pregnant.He's lying.
