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Who should be held liable?

Discussion in 'The Lounge' started by shewheeler, Jul 14, 2005.

  1. shewheeler

    shewheeler 1/2 ton status

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    A few months back, a friend of mine adopted a dog from the local animal shelter. The dog is a 5 year old female rat terrier named Pixie. I love animals (dogs and men especially), but I didn't care much for this dog right off the bat. Another thing that concerned me was the fact that this dog was with a family for 5 years and then ended up in the shelter.
    She brings the dog to my house the day after she got the dog and I brought my little dog out to meet it. Pixie looks at my dog and immediately growls at her - completely unprovoked and now I'm thinking this little dog has a bad attitude. My friend tells me that that the shelter told her that the dog "had a problem with other dogs" when she agreed to the adoption.
    Fast forward to a couple days ago... my friend has the dog on a tie out on her side yard. A couple is walking on the opposite side of the street with their dog. Pixie manages to get herself off the tie out, charges across the street and bites the other dog. Animal Control is called, etc. etc.
    My friend was issued an animal at large citation and the dog was taken from her. Pixie is currently being held in quarantine at the shelter waiting for her fate to be decided.
    She is going to fight the citation and is going to court in August, but I think it's complete CRAP that the shelter adopted out a dog-aggressive dog in the first place! If it were me, I would be raising one holy hell of a fuss. Not only did she have to pay an adoption fee, but now she will have to pay court costs, the vet bill for the other dog and depending on how things go, either $20 to have the dog put to sleep or 10 days quarantine at the shelter.
    My friend knew the dog was aggressive towards other dogs but IMO what that dog did could almost be considered vicious! The dog was on a tie out which does not equate to having an animal at large so I think the citation is bull****.
    I guess my question is... do you think my friend is still liable? My feeling is that the shelter should take responsibility for adopting out a dog that they knew was dog-aggressive. Pisses me off... now the dog will be put down and my friend (and her kids) are out a dog and a bunch of money :(
     
  2. newyorkin

    newyorkin 1 ton status

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    Unfortunately, I'd say your friend is responsible for the dog breaking free. It sounds like in the eyes of the law, she is responsible for restraining the dog, and they don't care if she opened the front door and let the dog out, or if the dog ate through it's leash and broke free.

    I'd also say the shelter should have put the dog down if another family brought him in and they were aware that he was a potentially dangerous dog, I agree with you, they shouldn't have adopted him out if they knew of his irritability.
    If this happened a couple days after she got the dog, I'd say she probably has a chance to go after the shelter for some of the monetary damages. But after a few months, she's had some time to get to know the dog, I don't know how that would fly in a small claims court. It might work, probably worth a try.
     
  3. Roz

    Roz 1/2 ton status

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    have to agreee, would be owners fault no matter what for the dog geting out. as for spca im lost, they arnt supposed to adopt out agressive animals. sounds like small claims. if they had only come on to her property or by her car it would been ok sorry
     
  4. Z3PR

    Z3PR Banned

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    Has your friend contacted the shelter where she adopted the dog from ?? Maybe speak to a superviser and ask them too pay 1/2 and give them another dog at no cost. Yes, it's doubtfull, but ya never know.
     
  5. jekbrown

    jekbrown I am CK5 Premium Member GMOTM Winner Author

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    yep, friend is liable. Put the dog down and pay the fees. Be glad it didn't attack my dogs, my dad taught me a great "how to kick a dog attacking your dog in the face move". I just about had to use it last week at Long Beach. Anyway, sorry to hear your friend is in trouble... hopefully a lesson is learned.

    j
     
  6. shewheeler

    shewheeler 1/2 ton status

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    That's where the dog is currently being quarantined :crazy: One of the animal control officers that she spoke with told her that it was "impossible" for her to have adopted that dog from our shelter. At least my friend still has all the paperwork from the adoption. At the very least, I feel they should put the dog down at no cost to her and give her another dog that has gone through the proper testing :dunno:

    I agree that she is liable and told her as much, but her analogy to me was "If someone escapes from prison and kills someone, is the prison liable?" I still feel the entire situation is FUBAR. If the animal shelter had done the right thing from the start, she wouldn't have adopted a dog with issues.
     
  7. shane74

    shane74 1/2 ton status

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    #1. Your friend is liable. Her dog got out, period.
    #2. The shelters can adopt out almost any animal as long as they inform the person of the animals "known" problems. Once they have been informed, and still take the animal, they assume all liability and responsibility.
    #3. Dogs only act aggressive to other dogs if they were not properly socialized. They are pack animals and NEED to be around other dogs/people from a young age or they will be agressive not only towards other dogs/animals in general, but also towards people. They can be re-trained, but it takes time.
    #4. The citation is legit, fighting it will only cost your friend more money. If she really wants to keep her dog, she needs to pay the citation, shut the hell up about it, and do what it takes to keep her dog in her yard no matter what. We have 4 dogs. They CANNOT get out of ourback yard unless we let them out. It's called a well built fence and gates.
    #5. ANY animal can be cited for being "at large". This includes all animals that are not supposed to be out (cats, birds, reptiles, rodents, ALL ANIMALS). I have reported several cats for being in my yard. Why? So that if/when my dog gets ahold of my neighbors cat and harms it, they can't come back on me for it. I don't let my dogs roam free around neighborhood and crap in your yard. Keep your cat out of mine. I really don't like having to scoop up their crap out of my flower beds.
    #6. Expecting the shelter to cough up any cash or replace the dog is a pipe dream. She needs to take full responsibility for her dog. She's obviously had it for more than a few days and new it had issues. What a crock of crap. Sounds like another whiney person saying "it's not my fault". Jimmeny cricket...wise up....
     
  8. 8_YOUR_H2

    8_YOUR_H2 1/2 ton status

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    :waytogo: ^^^^^^^^^^^^^^^^^

    You ever been a claims adjuster? You took the words right out of my mouth.
     
  9. Roz

    Roz 1/2 ton status

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    if a dog attacks anything in ure property nothing can be done about it(include cars) the only thing they can get u for is lic(if apply) and shot records. been there and done that. my dog(50/50 blk lab/rott) was awsome in everyway but HATED cats and small dogs (and black peeple? very weird). tore em appart-literally. one day he was in front and neibors cat came trotting over and he tore it in to pieces in fron of thier kids. i know it was very sad and i felt very bad, he was punished as always but not much i could do, i strongly discouraged this behavior. but aspca came out and was going to give me all kinds of tickets but had heard 1 side of story. i showed the bloody mess on my property and she said there was nothing she could do-even though she wanted to. needless to say not to many cats roamed the area, darwin selection i would guess.
    happened again when a friend of a friend(black guy) put hand in truck window to pet him and he flipped out. again same story, nothing could be done. so weird was most loveable dog otherwise and so non agressiveand social with other dogs (over 20lbs). :confused:
     
  10. shewheeler

    shewheeler 1/2 ton status

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    agreed
    That's bull****. I watch animal cops! :p:
    This dog is 5 years old. Not sure what happened to it before my friend adopted it.
    I think she's dumb for fighting it, but she feels she is not in the wrong :dunno:
    I also manage to keep my dogs locked up so they can't get out, but she lives in an apartment, so it's not like she can just build whatever she wants
    I don't like to scoop cat **** out of my flowers either (omg... we agreed :rolleyes: )
    When I adopted my dogs from the animal shelter, I had an expectation that the dogs were tested and were found to be "adoptable". IMO, by adopting out an animal that they knew was dog aggressive, the shelter failed to meet that expectation. I'm a little offended by your implication that my friend is "another whiny person" crying about being a victim. You couldn't be more wrong. She is a wonderful person who wanted a family pet and did a good thing by finding one at our local shelter. Now she and her 3 kids are grieving the loss of their pet because the shelter didn't do their job.
     
  11. chevyfumes

    chevyfumes Court jester

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    I love you too sweet thang.... :D
     
  12. shane74

    shane74 1/2 ton status

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    Men are dogs...so it's all the same! :D Woof! ;) :D
     
  13. shewheeler

    shewheeler 1/2 ton status

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    :1zhelp: :1zhelp: :1zhelp:
    :haha:
     
  14. Capman2k

    Capman2k 3/4 ton status

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    Turn off your TV :)

    When I adopted my dog earlier this week from the local shelter, they took me and the dog in a private room (my other dog was there too) and a lady talked to me for a good 30-45 minutes telling me everything they knew about the dog. There were several dogs in the cage area with tags saying "This dog is NOT good with kids." or "Doesn't get along with other dogs." or "Doesn't like cats." It's not the shelter's job to train a dog or keep track of it when it goes home with someone. Their job is to rescue unwanted/stray animals, give them a place to stay, and hopefully find a home for them. When the lady said my dog was taken to the pound because he chased his previous owner's cats, I brought him home understanding and expecting him to chase my cats around the house. He was yet to do that, but if he does, I'm not going to be surprised and say the shelter didn't do its job.

    What I'm getting at is the shelter told your friend that her dog didn't like other dogs. The dog escaped from your friend's care, and attacked another dog. It's not the shelter's fault that your friend used inadequate restraints for the dog. It's not the shelter's fault that the dog ran across the street and attacked another dog. It's not really your friends fault either that the dog dislikes other dogs and escaped and attacked another dog, but if she doesn't take responsibility, who will? They can't very well cite the dog for doing what it has been trained to do, so they need to cite your friend for FAILING to train the dog to do otherwise...
     
  15. cbbr

    cbbr 1 ton status GMOTM Winner

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    My thoughts exactly.
     
  16. shewheeler

    shewheeler 1/2 ton status

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    I'll go tell my friend she's an irresponsible piece of **** now. Thanks everyone :waytogo:
     
  17. Capman2k

    Capman2k 3/4 ton status

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    Well I wouldn't say piece of ****.... :eek1: :eek1:

    Maybe not even totally irresponsible... She should've thought about what could happen with the dog she adopted, but maybe she didn't realize the consequenses, or the seriousness of the issue... That doesn't mean it's not her fault, but I wouldn't jump all over her shouting irresponsible, especially if she thought darn well she was being responsible with the dog :D
     
  18. shewheeler

    shewheeler 1/2 ton status

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    I was being sarcastic. I don't think she was being irresponsible or negligent. The dog was on a tie down with the stake screwed into the ground which she felt was adequate. I dunno - maybe she should have had the dog hobbled :rolleyes:

    I am angry with the shelter because in my opinion there is a big difference between "having a problem with other dogs" and being vicious towards other dogs. If they knew that the dog was vicious towards other animals why would they adopt it out? I just feel strongly that the shelter should bear some of the responsibility. Apparently, I'm the only one here that feels this way.
     
  19. Bubba Ray Boudreaux

    Bubba Ray Boudreaux 1 ton status

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    I'm sorry, my attention ended at this quote............................. :D
     
  20. Cmoe

    Cmoe 1/2 ton status

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    I'm sorry, but your friend is reponsable for not controling her animal.....

    About the shelter... They notified her that the animal was agressive tords other dogs. Sometimes people have to get rid of their pet due to other things that come up in their lifes.... I had to get rid of a dog I had for 5 years... It broke my heart that he had to go to a shelter, but the people that I had given him to had problems with their land lord... You have to understand that the people at the shelter only get little information about the animals that are there. The dog propable growled at opther dogs at the shelter and that was the resoin that they told her that it didn't like other dogs. We abopted a dog that we were told that wasnt good with kids and she was adopted a few days befor and returned because it didn't get along with kids. My daughter had sat and played with the dog for 10 minutes befor I said ok and talked to them about us adopting the animal. They told us again tht she didn't like kids, and I had my daughter hold her for another ten minutes while I feeled out the paperwork.....
     

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