Foo - For some reason, I'm wrong again.

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Siu Blue Wind
04-03-08, 07:45 AM
A neighbor in our court lets her little white prissy fru fru dog loose constantly. That dog comes by my side fence and is always barking at my dogs. She barks and growls at me when I am working in my front yard. She came onto my porch as I was leaving and barked and growled. She does this to all of the neighbors. We (the neighbors) have called animal control many times when it proved that talking to them wouldn't help. (non English speaking, supposedly) The dog has been bailed out of dog jail (as well as their cat which is producing babies all over the court) many times. The cops AND the animal control have spoken to her about this.
A few of us who have dogs usually tether them somewhere in the front of our yards when we are outside working on our yards, washing the cars or just outside in general.
I had my smallest dog "Sooty" (coyote/lab mix) tethered with a cable that reached to the edge of my property, minus two feet.
This little fru fru came over barking like crazy. My dog was laying down, turned her head to see what that was and just stared at it, while still laying down.
Well...that thing came onto the lawn, a little too close and my dog went after it. She went with such force she broke the lead on the cable. I immediately turned and went after her. She chased that dog onto her own porch and got into a position of attack.
Luckily she is on voice command. As soon as I told her to "get over here" she retreated.
The owner of fru fru came out and screamed at me (in perfect English) that I should have my dog on a leash. That this is my fault and that I'm lucky my dog didn't bite hers, that she is going to sue me for scaring her.
WTH???
I asked my co workers and they said I was liable because she broke the leash.
:(
bluebottle1
04-03-08, 07:52 AM
Horse****. There's nothing to be liable for. The lady hasn't been damaged at all, and neither has her dog. Relax. There's no case here.
Map tester
04-03-08, 07:53 AM
Your word against your neighbor's. Don't see a suit built on that.
Maybe take fru fru on a ride to a animal control dept far far away? :D
Oh, is the dog scared for life? Ugh. Ignore the ingnoramus (and get a new leash).
ModoVincere
04-03-08, 07:56 AM
get one of these and use it on Fru Fru critter next time.
http://www.statusguns.com/image/Handheldnetgun.jpg
http://www.statusguns.com/image/spennetgun.jpg
Then call animal control.
Siu Blue Wind
04-03-08, 07:58 AM
I talked to my neighbors about this and they said they would vouch for the fact that her dog is always loose. Plus records of it being in dog jail should help too, right?
I know that there is pretty much nothing to sue me for but I'm concerned about getting a fine for my dog being off the leash. I saved it for proof that it was broken.
Siu Blue Wind
04-03-08, 08:00 AM
get one of these and use it on Fru Fru critter next time.
Then call animal control.
My neighbor that lives next door to them has used a trap for it twice already. And for their cats. That is how it gets into the dog jail.
dipy911
04-03-08, 08:06 AM
They can't fine a person unless they see it themselves(I too had this problem with a neighbor). And if they saw what you described, I seriously doubt they would fine you anyway.
2manybikes
04-03-08, 08:09 AM
Anyone can try and sue you, but if there is no damage to anything there is nothing to recover. It'd hard to prove a dog is scared in court.
If your dog gets off your property and damages the other dog you may have a big problem. Keep your dog on your property no matter what. Just in case something does happen.
You probably already thought about a fence and don't want to spend the money. Call a lawyer if you know one and ask for suggestions, and take pictures of her dog every time it is in your yard. Also ask the police or animal control for suggestions. You never know what you might learn.
Jerseysbest
04-03-08, 08:10 AM
Don't tase me dude!
http://a.abcnews.com/images/US/ht_taser_071119_ms.jpg
Siu Blue Wind
04-03-08, 08:16 AM
Anyone can try and sue you, but if there is no damage to anything there is nothing to recover. It'd hard to prove a dog is scared in court.
If your dog gets off your property and damages the other dog you may have a big problem. Keep your dog on your property no matter what. Just in case something does happen.
You probably already thought about a fence and don't want to spend the money. Call a lawyer if you know one and ask for suggestions, and take pictures of her dog every time it is in your yard. Also ask the police or animal control for suggestions. You never know what you might learn.
I tried to keep her on my property, hence the cable. The part that connects to her collar broke. Maybe I just shouldn't take her outside to begin with...
None of us have fences in the front yard and I had considered it. But she got this dog after I did the landscaping. In order for me to do a fence in the front yard I have to re do the water sprinkler lines since they go right to the edge to my property by the sidewalk. The fence would be right on top of the sprinkler lines.
I really shouldn't have to go through this if SHE kept her dog on a tether.
EDIT: The neighbor said SHE was scared for her dog's life. No issue about the dog being scared.
Start taking video of the dog off the leash. Keep a record. If there is a leash law, then she is breaking it by not having her dog on a leash. Just because a dog is little doesn't mean that if it provokes your dog it shouldn't pay the consequences. Sounds like the fru fru dog is the one who is at fault.
See if you can get Cesar Millan to testify for ya.
EDIT: The neighbor said SHE was scared for her dog's life. No issue about the dog being scared.
Maybe that will convince her not to let HER dog loose. OK, maybe that's not quite a dog.....:D
Siu Blue Wind
04-03-08, 08:27 AM
Good idea about the video!! The one next door took still pictures of it in his yard. But not in mine. I think I will probably do that after work. :)
To me, it seems obvious that you just witnessed the fun side of both dogs Siu.
You have described perfectly a little known canine activity known as doggy tag. Your dog was obviously "IT" and your neighbors porch was obviously "BASE".
Your neighbor just needs to be informed about doggy tag, and all should be fine.
2manybikes
04-03-08, 08:47 AM
I tried to keep her on my property, hence the cable. The part that connects to her collar broke. Maybe I just shouldn't take her outside to begin with...
None of us have fences in the front yard and I had considered it. But she got this dog after I did the landscaping. In order for me to do a fence in the front yard I have to re do the water sprinkler lines since they go right to the edge to my property by the sidewalk. The fence would be right on top of the sprinkler lines.
I really shouldn't have to go through this if SHE kept her dog on a tether.
EDIT: The neighbor said SHE was scared for her dog's life. No issue about the dog being scared.
If you tried and failed to keep your dog on your property it does not matter, the law does not care. (I know you're in the right, not her.) You are required to know how good your leash works.
The broken leash only proves your dog did get off of it. It's no help legally to you for violating a leash law. It's worse.
No you should not have to go through this. The law doesn't care. All you can do legally is protect yourself from being reported for breaking the law. It stinks, but that's the way it is. There's nothing fair or just about it, nothing. That's why I suggested a lawyer, what's fair to you probably does not have anything to do with the law. Start building a legal case for the future by having photos, the digital camera will attach the date to each photo. Or build a fence. You probalby can't get any justice at all. But you could get busted for your dog off leash or really sued if your dog does hurt the other one. Protect yourself, idiots like that sue people all the time.
Oops.. she was scared, OK. She probably was. That might get her to call a lawyer. IN fact if she sues, because your dog did really damage the other dog some day, ultimately your home owners insurance company may drop you, It's legal, it has happened to me. They can do that. You lose again !!
The idiot may already have a photo of your dog out of your yard. Idiots get sued and then they learn about what to do to sue someone else.
The ultimate price of all the sprinkler and fence stuff might be a bargain. Your insurance will go up probably if you get dropped.
You being in the right, and the fact that you should get a fair deal means NOTHING.
My homeowners insurance dropped me. After grabbing the mail in his teeth when it comes in the mail slot and bringing the mail to me for months, a new letter carrier was on the route one day and she stuck a letter in the slot with her fingers on top of it. All Bailey could see was the letter, it was higher than his head so he grabed it just like always. He bit right through a finger. My homeowners has to cover that incident and they did. Then they dropped me. Three bites and the dog gets put down. Probably, but not neccesarily the same for you. It's easy to find out. Be carefull.
Good idea about the video!! The one next door took still pictures of it in his yard. But not in mine. I think I will probably do that after work. :)
Oooo definitely a good choice of action!
USAZorro
04-03-08, 09:32 AM
Siu,
I have to disagree with 2manybikes' passive strategy here. He's no doubt correct about the law and insurance, but you need to change the dynamics of the situation. Take the opportunity to put these crappy dog owners on the defensive.
Next time her dog comes into your yard, go over to her house, bang on her door, say "Your dog was loose, came into my yard and scared me. I have pictures, and I'm going to sue you". ...and take the pictures.
A more devious, but perhaps more effective way to deal with the situation - next time the dog is trapped, remove the tags (if they have any), take it to a friend who lives a few blocks away, get them outside, and release the dog where it can be easily caught. Your friend can then take the dog to the shelter, and truthfully say the dog was running in my yard without tags. If fru-fru's owners get the dog back, there will be an official record that the dog was running loose. If they don't get the dog back (no tags, so they probably won't know who to call), it will either be adopted by a (hopefully) better owner, or receive an expedited trip to doggy heaven.
cnickgo
04-03-08, 09:40 AM
Everyone is looking at the legal side of this... But I look at the dog side of this... I don't think the drop-kick will be bothering you or your dogs anymore :)
USAZorro
04-03-08, 09:45 AM
Everyone is looking at the legal side of this... But I look at the dog side of this... I don't think the drop-kick will be bothering you or your dogs anymore :)
I have two Shih-tzus. They are fearless and will bark at dogs 10 times their size, and I don't think one episode like what happened would cure them of that instinct. We have the sense to keep them in the house, on a leash, or in the fenced yard, so we don't have incidents like fru fru.
If you tried and failed to keep your dog on your property it does not matter, the law does not care. (I know you're in the right, not her.) You are required to know how good your leash works.
The broken leash only proves your dog did get off of it. It's no help legally to you for violating a leash law. It's worse.
No you should not have to go through this. The law doesn't care. All you can do legally is protect yourself from being reported for breaking the law. It stinks, but that's the way it is. There's nothing fair or just about it, nothing. That's why I suggested a lawyer, what's fair to you probably does not have anything to do with the law. Start building a legal case for the future by having photos, the digital camera will attach the date to each photo. Or build a fence. You probalby can't get any justice at all. But you could get busted for your dog off leash or really sued if your dog does hurt the other one. Protect yourself, idiots like that sue people all the time.
Oops.. she was scared, OK. She probably was. That might get her to call a lawyer. IN fact if she sues, because your dog did really damage the other dog some day, ultimately your home owners insurance company may drop you, It's legal, it has happened to me. They can do that. You lose again !!
The idiot may already have a photo of your dog out of your yard. Idiots get sued and then they learn about what to do to sue someone else.
The ultimate price of all the sprinkler and fence stuff might be a bargain. Your insurance will go up probably if you get dropped.
You being in the right, and the fact that you should get a fair deal means NOTHING.
My homeowners insurance dropped me. After grabbing the mail in his teeth when it comes in the mail slot and bringing the mail to me for months, a new letter carrier was on the route one day and she stuck a letter in the slot with her fingers on top of it. All Bailey could see was the letter, it was higher than his head so he grabed it just like always. He bit right through a finger. My homeowners has to cover that incident and they did. Then they dropped me. Three bites and the dog gets put down. Probably, but not neccesarily the same for you. It's easy to find out. Be carefull.
While in CA, anything's possible, I have to disagree on your first point. Breaking the law includes INTENT to break the law and showing your dog was tethered with a strong leash, good collar and whatnot shows the intent to keep it leashed. Of course, for a misdemeanor, all this doesn't really matter.
In a civil suit, it's what the lawyers can convince a jury or judge, however, and in CA, that pretty much runs the gamut from nothing to your whole life's savings!
Insurance, on the other hand, is a whole other world.
LateNite
04-03-08, 03:03 PM
a shovel will solve all your problems
Hobartlemagne
04-03-08, 03:15 PM
Hire a doggie hitman. This little runt needs to be dissapeared.
Or catch and mail it to Abu Dhabi.
lodi781
04-03-08, 03:17 PM
You can sue anyone for anything, doesn't mean you'll win. There is so much paperwork on her dog you have nothing to worry about. On a side note, i'd of told her to go f%^k herself and that i'm calling INS. See what she has to say then.......
DannoXYZ
04-03-08, 03:53 PM
Even IF in the highly unlikely case she wins, the most you're liable for is a replacement dog (they are considered possessions). So let your dog eat the little yapper next time and then all you have to do is go down to the pound and get her a real dog.
fuzzbox
04-03-08, 04:34 PM
Wuut? If you guys are supposed to have your dogs tied up and she doesn't have hers shouldn't she automatically lose? You dog's tether broke but a least you had one. Plus her dog provoked your dog on your property.
edit: you should sue her for making your dog break the tether
bikingshearer
04-03-08, 04:40 PM
As a practical matter, there will not be a lawsuit over this, Siu. T'ain't no damages to be had here. That means, as a practical matter, that no lawyer will touch this with a 10 foot pole unless this alleged human feels like paying one thier regular hourly rate (unless you think this b*tch - the human one, not the dog one - has a kid who's a lawyer). The woman was bluffing.
I suppose she could try Small Claims Court, but I doubt if she would do that, either. Too much effort for too fleeting an event.
And this doesn't even begin to address the causation issues she would have - your dog was restrained in its own yard, her unleashed and uncontrolled dog came onto your property and initiated the event, your dog's leash broke only because of her dog's provocation, and you still had voice control over your dog which ended the incident with no physical contact; oooooh, I could have a lot of fun with those facts. It would almost be worth the three years of law school to have a crack at that one. But that's all "law school" exercise stuff - I would be shocked if it ever came to that.
Now, if this waste of space does have a lawyer offspring or does try to pull Small Claims on you, you know how to get a hold of me, and you will call, right . . . ? (Pheard could be a character witness for you. :p )
In the meantime, you might consider getting this:
http://www.nolo.com/product.cfm/ObjectID/A8CEBBCA-EE22-4B17-B2D174E9ED8B068E/213/
Nolo Press is one of the very best legal self-help publishers out there. And there's nothing like getting the straight poop (pun intended) from someone who actually knows what they're talking about instead of some crack-pot in Foo. :D
Little Darwin
04-03-08, 06:42 PM
I would concur that you have little chance of being sued, or losing if you are sued.
You are less guilty than she, since you tethered your dog, and she didn't even try to tether hers...
If you are sued, and successfully defend against the charges, be sure to ask your lawyer if you should counter-sue for legal expenses for her filing of a frivolous law suit. :)
OldRoadGuy
04-03-08, 06:49 PM
Go for the field goal-between the uprights.
FlyingAnchor
04-03-08, 07:29 PM
Sounds like Bar B Que time, or little dog on a stick, maybe that should be "hot dog on a stick". :)
Sorry about the B!tch and I don't mean the dog.
Steven
donnamb
04-03-08, 07:29 PM
As a practical matter, there will not be a lawsuit over this, Siu. T'ain't no damages to be had here. That means, as a practical matter, that no lawyer will touch this with a 10 foot pole unless this alleged human feels like paying one thier regular hourly rate (unless you think this b*tch - the human one, not the dog one - has a kid who's a lawyer). The woman was bluffing.
I suppose she could try Small Claims Court, but I doubt if she would do that, either. Too much effort for too fleeting an event.
And this doesn't even begin to address the causation issues she would have - your dog was restrained in its own yard, her unleashed and uncontrolled dog came onto your property and initiated the event, your dog's leash broke only because of her dog's provocation, and you still had voice control over your dog which ended the incident with no physical contact; oooooh, I could have a lot of fun with those facts. It would almost be worth the three years of law school to have a crack at that one. But that's all "law school" exercise stuff - I would be shocked if it ever came to that.
Now, if this waste of space does have a lawyer offspring or does try to pull Small Claims on you, you know how to get a hold of me, and you will call, right . . . ? (Pheard could be a character witness for you. :p )
In the meantime, you might consider getting this:
http://www.nolo.com/product.cfm/ObjectID/A8CEBBCA-EE22-4B17-B2D174E9ED8B068E/213/
Nolo Press is one of the very best legal self-help publishers out there. And there's nothing like getting the straight poop (pun intended) from someone who actually knows what they're talking about instead of some crack-pot in Foo. :D
Well, this post alleviates my anxiety for Siu. :)
To complicate the matter, if you lived in Minnesota it would have been against the law to tie your dog up in the first place!
I have two Shih-tzus. They are fearless and will bark at dogs 10 times their size, and I don't think one episode like what happened would cure them of that instinct. We have the sense to keep them in the house, on a leash, or in the fenced yard, so we don't have incidents like fru fru.
We used to have a big German Shepherd. She was a very good natured dog, well trained, and leashed unless we were in the boonies. Walking through our neighborhood when we lived in SC, this little Corky comes charging out of its yard and yapping up a storm. Dog doesn't react. The corky gets up in her face, still yapping, and our dog does nothing but looks at this little dog. The little dog sneaks in and nips her leg. No more Ms. Nice Dog. She snaps up that little dog, shakes it like the proverbial rag doll, and spits it out. The Corky appears to be either convulsing or doing the "chicken with it's head cut off" flailing. We rush our dog home and return a few minutes later to assist the little dog but it has run back home. After that, the Corky never left the porch when we came by.
maximan1
04-03-08, 07:52 PM
Next time that dumb dog gets on your lawn kick him in the head. Tell the neighbor he was scaring you.
I was at the top of some stairs and this dumbass dog bit my leg, so I kicked him down the stairs, then his owner kicked him back up. It was very enjoyable.
maximan1
04-03-08, 07:53 PM
Wait Siu, don't you live in Texas?
It's legal to shoot crap there.
lodi781
04-03-08, 08:56 PM
Go for the field goal-between the uprights.
as much as I love animals.....+1:D
Siu Blue Wind
04-03-08, 09:58 PM
Wow. Thanks for your support and wise words of advice, everyone!!
2manybikes: As a fellow dog lover, I hear what you are saying about protecting myself despite what is right vs. what is legal and what will hold up with the insurance companies. Thanks for taking the time out to explain that to me and reminding me of these things.
Zorro: That dog has been trapped many times - I think four - and the keep bailing him out and paying the $250 fine. That dog does not wear a collar...they find out because our neighbor next door to them has the dog in a trap, calls the pound and hands it over to them. Once he does that, the dog is now in possession of the pound and they have to pay the fine. The pound cannot hand the dog back to her, even if she is right there protesting. I was outside when it happened one time.
Lodi: Yes there is a paper trail on the dog. As a matter of fact, the police are currently investigating that house for possibly harboring illegals. My neighbor who traps the dog got wind of it. I think he's actually helping gather info - license plates of cars, etc...hence the camera he always has on hand.
Fuzzy: You are thinking exactly what was in my mind. Her dog ALWAYS comes and provokes mine and the other dogs in the court as well.
Bikingshearer: Coming from a lawyer I feel I have a better understanding legally. Hopefully I won't have to call you regarding this. You know I would, thank you. Or I might call you just to bug you anyway. Thank you sooooooooo much.
:)
maximan1
04-03-08, 11:45 PM
Wow. Thanks for your support and wise words of advice, everyone!!
2manybikes: As a fellow dog lover, I hear what you are saying about protecting myself despite what is right vs. what is legal and what will hold up with the insurance companies. Thanks for taking the time out to explain that to me and reminding me of these things.
Zorro: That dog has been trapped many times - I think four - and the keep bailing him out and paying the $250 fine. That dog does not wear a collar...they find out because our neighbor next door to them has the dog in a trap, calls the pound and hands it over to them. Once he does that, the dog is now in possession of the pound and they have to pay the fine. The pound cannot hand the dog back to her, even if she is right there protesting. I was outside when it happened one time.
Lodi: Yes there is a paper trail on the dog. As a matter of fact, the police are currently investigating that house for possibly harboring illegals. My neighbor who traps the dog got wind of it. I think he's actually helping gather info - license plates of cars, etc...hence the camera he always has on hand.
Fuzzy: You are thinking exactly what was in my mind. Her dog ALWAYS comes and provokes mine and the other dogs in the court as well.
Bikingshearer: Coming from a lawyer I feel I have a better understanding legally. Hopefully I won't have to call you regarding this. You know I would, thank you. Or I might call you just to bug you anyway. Thank you sooooooooo much.
:)
No fair you didn't reply to me :(
DannoXYZ
04-04-08, 02:33 AM
I think the evidence would be self-explanatory next time if the lady was to find her dog pitch-forked to the ground on YOUR lawn. Gee... how did it get all the way over here... hmm....
2manybikes
04-04-08, 08:04 AM
Don't forget about doing some landscaping with these in the bushes. ;)
http://en.wikipedia.org/wiki/M18A1_Claymore_Antipersonnel_Mine
USAZorro
04-04-08, 08:12 AM
We used to have a big German Shepherd. She was a very good natured dog, well trained, and leashed unless we were in the boonies. Walking through our neighborhood when we lived in SC, this little Corky comes charging out of its yard and yapping up a storm. Dog doesn't react. The corky gets up in her face, still yapping, and our dog does nothing but looks at this little dog. The little dog sneaks in and nips her leg. No more Ms. Nice Dog. She snaps up that little dog, shakes it like the proverbial rag doll, and spits it out. The Corky appears to be either convulsing or doing the "chicken with it's head cut off" flailing. We rush our dog home and return a few minutes later to assist the little dog but it has run back home. After that, the Corky never left the porch when we came by.
If this had happened to fu-fu (or my Shih-tzus), it would likely result in a behavioral change. However, there was no physical contact. I predict no behavior change in fu-fu.
USAZorro
04-04-08, 08:14 AM
Wow. Thanks for your support and wise words of advice, everyone!!
2manybikes: As a fellow dog lover, I hear what you are saying about protecting myself despite what is right vs. what is legal and what will hold up with the insurance companies. Thanks for taking the time out to explain that to me and reminding me of these things.
Zorro: That dog has been trapped many times - I think four - and the keep bailing him out and paying the $250 fine. That dog does not wear a collar...they find out because our neighbor next door to them has the dog in a trap, calls the pound and hands it over to them. Once he does that, the dog is now in possession of the pound and they have to pay the fine. The pound cannot hand the dog back to her, even if she is right there protesting. I was outside when it happened one time.
Lodi: Yes there is a paper trail on the dog. As a matter of fact, the police are currently investigating that house for possibly harboring illegals. My neighbor who traps the dog got wind of it. I think he's actually helping gather info - license plates of cars, etc...hence the camera he always has on hand.
Fuzzy: You are thinking exactly what was in my mind. Her dog ALWAYS comes and provokes mine and the other dogs in the court as well.
Bikingshearer: Coming from a lawyer I feel I have a better understanding legally. Hopefully I won't have to call you regarding this. You know I would, thank you. Or I might call you just to bug you anyway. Thank you sooooooooo much.
:)
ok - I wasn't sure whether doggie prison was the pound, and I wasn't sure how they might have found out the dog was there.
Hobartlemagne
04-04-08, 05:05 PM
No fair you didn't reply to me :(
Guns are too loud and messy for this. This job calls for a brick, a burlap sack, and a body of water.
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