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Dog attack on a little girl

Started by Henry Morris3 · · 👁 8 views · 48 replies

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Participants Henry Morris3Rebecca Chavez85placidhawk17analogpanther55copperskipper68steelfox2hollowtrucker77hiddensailor14James Sullivan9Matthew Williams42Ashley Campbell7hollowtinker18Nicholas Gomez5Thomas Fowler84Jose White18dustymarlin10restlesstiger102goldenpilot20Drew MorganDana Morales64Gregory Miller4casualwolf12Nathan Newman3Jamie Turner80
Thomas Fowler84 Thomas Fowler84 Active Member
65 messages
joined Dec 2010
#21 ·
copperskipper68 said:I have a nice little "Beware of Dog" sign hanging right at my driveway entrance.
Look, buddy, you enter at your own risk.
The real question is, was there actually a sign posted this time?

A sign alone isn't a shield. You might encounter someone who can't read, someone visually impaired, or someone with cognitive disabilities. A mere placard doesn't absolve you of liability; a property owner remains responsible for what occurs on their land. It is much like posting a "Warning: Shooter on Premises" sign before firing on a trespasser—you cannot simply claim they assumed the risk by stepping onto your property.🤷
Jose White18 Jose White18 Member
45 messages
joined Dec 2010
#22 ·
Thomas Fowler84 said:One must distinguish between liability and guilt. Naturally, the owner is liable because a dog cannot be held accountable under human law.
It is much like a scenario involving thieves being injured by a guard dog or a booby trap; the owner remains responsible. An owner of a dangerous animal has a duty to isolate that animal from the public, and a court will decide if their precautions were sufficient.
The grandmother would also need to provide context—perhaps she was elderly or confused, or maybe they entered an unfenced yard where the owner allows trespassing. We need more facts before we can assign blame.

Look, the owner had him tied up. In HIS own backyard.
The only other option would have been to put the dog down.
Then he really would have done everything possible.
dustymarlin10 dustymarlin10 Active Member
238 messages
joined Nov 2015
#23 ·
Thomas Fowler84 said:A sign alone isn't a shield. You might encounter someone who can't read, someone visually impaired, or someone with cognitive disabilities. A mere placard doesn't absolve you of liability; a property owner remains responsible for what occurs on their land. It is much like posting a "Warning: Shooter on Premises" sign before firing on a trespasser—you cannot simply claim they assumed the risk by stepping onto your property.🤷


But honestly, why would anyone be trespassing on someone else's land in the first place?

Isn't private property supposed to be sacred?

Since when does some random stranger get to wander around my property whenever they feel like it without my permission?
Thomas Fowler84 Thomas Fowler84 Active Member
65 messages
joined Dec 2010
#24 ·
Jose White18 said:Look, the owner had him tied up. In HIS own backyard.
The only other option would have been to put the dog down.
Then he really would have done everything possible.

That point is secondary. The real issue is whether the yard was physically fenced off—whether he ensured a playing child wouldn't just wander in...
There are countless variables that can go wrong, and an owner of a dangerous dog must take every reasonable step to minimize risk. Consider a scenario where someone illiterate misses a sign because there is no fence, or perhaps a sign falls down, or a child chases a ball into the yard...
Under American law, the owner is held responsible for the damage their dog causes. This doesn't automatically mean they are guilty, but it effectively shifts the burden of proof onto them. If he can truly prove he had clear signage, a secure fence, a leash, and a healthy, registered dog... then I doubt he will face legal trouble. However, a simple sign alone won't absolve him of the responsibility mandated by law.
Thomas Fowler84 Thomas Fowler84 Active Member
65 messages
joined Dec 2010
#25 ·
dustymarlin10 said:But honestly, why would anyone be trespassing on someone else's land in the first place?

Isn't private property supposed to be sacred?

Since when does some random stranger get to wander around my property whenever they feel like it without my permission?

That is for a judge to decide. I have no way of knowing what motivated them to enter; their reasons could be justified or they could be entirely illegitimate.
Perhaps the woman felt ill and entered without noticing the sign, perhaps there was no fence, maybe a sign fell down and they were just seeking a glass of water, or perhaps the owner invited them in... 🤷

Speculation is useless without the facts. The core issue here is liability. A pet owner is responsible for their dog, just as a parent is responsible for their child. If a child bites a dog, the parent is liable; however, since the dog bit the child, the responsibility lies with the dog's owner.🙂.
hollowtrucker77 hollowtrucker77 Regular
681 messages
joined Nov 2007
#26 ·
Thomas Fowler84 said:That point is secondary. The real issue is whether the yard was physically fenced off—whether he ensured a playing child wouldn't just wander in...
There are countless variables that can go wrong, and an owner of a dangerous dog must take every reasonable step to minimize risk. Consider a scenario where someone illiterate misses a sign because there is no fence, or perhaps a sign falls down, or a child chases a ball into the yard...
Under American law, the owner is held responsible for the damage their dog causes. This doesn't automatically mean they are guilty, but it effectively shifts the burden of proof onto them. If he can truly prove he had clear signage, a secure fence, a leash, and a healthy, registered dog... then I doubt he will face legal trouble. However, a simple sign alone won't absolve him of the responsibility mandated by law.

The dog was in the backyard and on a chain!!
The only thing the owner could be held responsible for is owning a house with a yard in the first place.
And seriously, how illiterate does a person have to be to realize what a picture of a dog on a sign actually means??

For crying out loud, are we ever going to stop trying to justify illegal actions by slapping them with these hellish, hyper-legalistic responsibilities??
restlesstiger102 restlesstiger102 Active Member
61 messages
joined Oct 2012
#27 ·
Ashley Campbell7 said:A dangerous Rotič? Honestly, it's nothing more than just another dog tied up in someone's backyard.

Here we go, another person who clearly doesn't know the first thing about dogs...🙄

First of all, a Rottweiler is neither a dangerous nor an aggressive breed by nature. Why is there such a stigma surrounding them? It is simply because if they do bite, the damage can be significant.

In reality, a Pekingese is going to bite you long before a Rottie does, but the bite from a Pekingese isn't going to cause any major trouble since, let's face it, it's a Pekingese.

I had a situation recently where I was sitting out on a patio at a local cafe in my neighborhood. There are open fields surrounding the patio area, and my poodle was off-leash, just wandering through the grass.

There was this little girl running after her, trying to manhandle her. My dog is not aggressive; she hasn't even growled at me once in her life, much less bitten anyone. However, she wasn't raised around children. She is actually quite wary of them and tries to avoid them. So, there she was, trying to run away while the child kept chasing her. I looked over at the parents sitting just a few tables away and couldn't help but think, "How can you allow your child to chase a dog when you have no idea what its temperament is like? How haven't you taught your child to ask the owner for permission before petting a dog?"

Ultimately, I had to get up, go retrieve my dog to protect her from being harassed by this little girl, and then I informed the parents that I did not want their child riding on my dog.

My sister has a one-year-old, and we don't allow my niece to get too close to my dog for that very reason. The toddler doesn't understand boundaries and just wants to grab and pull at her while screaming with excitement. My dog gets overwhelmed by it; she doesn't understand why the baby is screaming. A small child could easily injure the dog, and the dog might react instinctively in self-defense.

As an owner, I am fully aware that my dog isn't accustomed to kids and doesn't particularly enjoy their company. She loves people—adults, specifically. She loves affection and is the biggest sweetheart, but kids are just different. We all know a small child isn't going to pet a dog gently; they are going to pull hair, hit, and cause chaos.

What is my point here? It comes down to parental responsibility. As an owner, I know my dog won't attack; I know she won't approach children, and in fact, she'll likely head in the opposite direction. But frankly, it was incredibly uncomfortable sitting there having coffee and watching my dog flee from a child who was hyper-fixated on chasing her.🙄

When parents learn how to properly supervise their children, these situations simply won't happen.

Take my sister's case: her little girl once poked a grandmother's Pekingese in the eye, and the dog bit her. The dog wasn't the culprit here; it was the grandparents who allowed the child to be left alone with the dog to harass it.

Then there was the time my mother walked into someone's yard where a German Shepherd was roaming free. The owner told her, "Feel free to come in," but the dog jumped at her anyway and tore her coat—basically lunged and ripped it. In that scenario, the mother isn't at fault; the owner is, because she entered with his permission, yet the dog still acted to defend its territory.

In the specific case we are discussing, the dog was tied up in its own yard. There is absolutely no debate to be had here.
The blame lies with the grandmother!
goldenpilot20 goldenpilot20 Member
22 messages
joined May 2009
#28 ·
Thomas Fowler84 said:A sign alone isn't a shield. You might encounter someone who can't read, someone visually impaired, or someone with cognitive disabilities. A mere placard doesn't absolve you of liability; a property owner remains responsible for what occurs on their land. It is much like posting a "Warning: Shooter on Premises" sign before firing on a trespasser—you cannot simply claim they assumed the risk by stepping onto your property.🤷

There’s also a picture paired with the sign. Or you could always make one.
Thomas Fowler84 Thomas Fowler84 Active Member
65 messages
joined Dec 2010
#29 ·
hollowtrucker77 said:The dog was in the backyard and on a chain!!
The only thing the owner could be held responsible for is owning a house with a yard in the first place.
And seriously, how illiterate does a person have to be to realize what a picture of a dog on a sign actually means??

For crying out loud, are we ever going to stop trying to justify illegal actions by slapping them with these hellish, hyper-legalistic responsibilities??

hollowtrucker77, I don't see the issue here.
If the local ordinance states the dog owner is responsible for any damage the dog causes, there isn't much more to discuss. This is black-letter law; the man asked "who is responsible," and he was given his answer.

To reiterate, the sign alone isn't enough. In conjunction with that sign, there might be a functional doorbell required, which would make sense.

These dog ownership ordinances are usually set at the municipal level, but liability is defined by law in many instances as well. 🤷

Take the regulations for Washington, D.C., for example:
http://www.washington-psv.org/userdocsimages/Odluka.doc

If an owner flagrantly violates the rules or the law and endangers someone else's life, they can certainly face criminal charges—what's strange about that?
No one here is justifying illegal actions; quite the opposite, from what I can see, I am the only one actually discussing the law. Again, let a judge determine the facts. Unlike many of you, I refuse to draw conclusions without evidence. None of you geniuses have even figured out why they entered the yard in the first place, yet you've already incorrectly identified the responsible party. ☕
Drew Morgan Drew Morgan Active Member
189 messages
joined Aug 2009
#30 ·
According to the article, the girl didn't abuse the dog. My guess? The animal went feral because it's kept on a chain 24/7 without any freedom or basic attention.

From a legal standpoint, the poor dog is the one that’s going to take the hit. The owner is at fault for keeping an animal in such inhumane conditions, and the law is at fault for allowing it.

Poor kid, poor dog...
restlesstiger102 restlesstiger102 Active Member
61 messages
joined Oct 2012
#31 ·
It really doesn't matter whether the dog has an aggressive temperament or not. The fundamental issue is that Klinka was trespassing in a yard where she had absolutely no business being. It’s absurd—it's like if someone broke into my house and my dog attacked them, regardless of whether he’s a "mean" dog or a sweet one, and then I somehow get sued or held liable just because my dog was defending his own territory. 🙄

It is pure nonsense. If you choose to wander onto someone else's private property, you have to accept the inherent risks involved. Most homeowners keep dogs in their yards specifically for the purpose of security and protection.
Dana Morales64 Dana Morales64 Active Member
53 messages
joined Dec 2010
#32 ·
It’s pretty standard—they wandered onto his property, and he reacted exactly how any dog would react. Doesn't matter what breed we're talking about here. As for a lawsuit? Not even worth discussing. Long live the dogs.
Thomas Fowler84 Thomas Fowler84 Active Member
65 messages
joined Dec 2010
#33 ·
restlesstiger102 said:It really doesn't matter whether the dog has an aggressive temperament or not. The fundamental issue is that Klinka was trespassing in a yard where she had absolutely no business being. It’s absurd—it's like if someone broke into my house and my dog attacked them, regardless of whether he’s a "mean" dog or a sweet one, and then I somehow get sued or held liable just because my dog was defending his own territory. 🙄

It is pure nonsense. If you choose to wander onto someone else's private property, you have to accept the inherent risks involved. Most homeowners keep dogs in their yards specifically for the purpose of security and protection.

Precisely.
There is a causal link between these two events, but each party is responsible for their own specific actions.

For instance, if someone breaks into your home knowing it is a crime, you could still face charges for unlawful homicide if you kill them. They would be responsible for the burglary, while you would be held accountable for the manner in which you defended your property. If your defense isn't legally sound, you will face consequences. We simply lack the facts to judge this situation, and since there are too many variables, speculation is useless.

Pure nonsense. If you step onto someone else's property, you should expect danger. Most homeowners keep dogs in their yards specifically for protection.

What if they just stepped over to borrow some sugar? There might not have been a doorbell, or perhaps the "Beware of Dog" sign was obscured by branches. Let the investigators establish the facts. From what I can see, nobody actually knows why they entered the yard in the first place. Is the goal to preemptively label them as thieves?
Gregory Miller4 Gregory Miller4 Member
10 messages
joined Mar 2007
#34 ·
Reading through this news report, I can't quite wrap my head around why the grandmother would walk her little girl so close to a dog that was clearly acting aggressive.
restlesstiger102 restlesstiger102 Active Member
61 messages
joined Oct 2012
#35 ·
Look, if I need to borrow some sugar, I’m going straight to my neighbor’s house, and since I actually know them, I know their dog too. If I have any idea that the dog is aggressive, and there isn't a damn doorbell to alert me, I’m not stepping foot on that property. I'll just head to the next neighbor over or simply walk to the local grocery store instead. 🤣

There is absolutely no force on this earth that would compel me to enter someone's yard if there's a dog there capable of attacking me. Listen, I volunteer with the Humane Society, so I have encountered just about every kind of dog imaginable. In all my years, I have never been bitten or even lunged at, but you always have to account for the first time. I am very aware of my own limits and what I can handle, particularly when dealing with dogs that have been trained to be territorial...

If a dog already recognizes you as a neighbor, they aren't going to attack you; that much is certain, because you are considered part of their "home" environment.

No one is suggesting that people are thieves, but I fail to see the point in trespassing onto someone's private property just to pet their dog. That's simply not how things are done!
Thomas Fowler84 Thomas Fowler84 Active Member
65 messages
joined Dec 2010
#36 ·
Gregory Miller4 said:Reading through this news report, I can't quite wrap my head around why the grandmother would walk her little girl so close to a dog that was clearly acting aggressive.

It wasn't explicitly stated, but some people here have already jumped to conspiracy theories suggesting the parent or grandparent intentionally tried to harm the child. 😕
I don't believe a parent would knowingly put their child in such danger. It's more likely that the owner failed to communicate the risk properly, or perhaps there was sheer negligence involved. We shouldn't resort to conspiracies; we simply don't have enough facts yet to point fingers at anyone.
restlesstiger102 restlesstiger102 Active Member
61 messages
joined Oct 2012
#37 ·
Do you honestly believe that parents are always acting with perfect judgment? I specifically pointed out an instance where parents just stood by and watched while their child jumped all over a dog they had never even met before... personally, I find that behavior completely unacceptable.

As much as I absolutely adore dogs, I have no way of knowing that specific animal's temperament. If I had a child, I certainly wouldn't permit them to act that way. Instead, I would step in as a parent, take my child by the hand, and ask the owner for permission before letting them pet or play with the dog.

Unfortunately, that isn't what the vast majority of people do. When it comes to incidents involving dog bites, have you noticed a pattern? It seems like a child is only ever attacked when there isn't an adult standing right there to supervise.

The most common excuse is usually something like, "Grandma was busy making lunch, Grandpa was reading the paper, and the parents were at work." We all know how children operate; they tend to be reckless because they don't yet grasp that their actions can cause pain to another person or an animal. If a child is alone, they might inadvertently hurt a dog, the dog reacts defensively, and suddenly you have a sensationalized headline in the local news screaming, "Dog Nearly Attacks Child."🙄

I am finding this trend increasingly frustrating. For heaven's sake, if you are a parent, look after your child. Don't leave them unattended with a stranger's dog, and frankly, don't even leave them alone with your own.
Drew Morgan Drew Morgan Active Member
189 messages
joined Aug 2009
#38 ·
restlesstiger102 said:It really doesn't matter whether the dog has an aggressive temperament or not. The fundamental issue is that Klinka was trespassing in a yard where she had absolutely no business being. It’s absurd—it's like if someone broke into my house and my dog attacked them, regardless of whether he’s a "mean" dog or a sweet one, and then I somehow get sued or held liable just because my dog was defending his own territory. 🙄

It is pure nonsense. If you choose to wander onto someone else's private property, you have to accept the inherent risks involved. Most homeowners keep dogs in their yards specifically for the purpose of security and protection.

She had no right to be there? They were neighbors dropping by for a visit, not a gang of burglars. What about the UPS driver? If they aren't allowed in a yard, how does anyone deliver packages?

I'm not blaming the dog or the girl. I'm blaming the practice of chaining animals up and the laws that allow it.
hollowtrucker77 hollowtrucker77 Regular
681 messages
joined Nov 2007
#39 ·
Thomas Fowler84 said:hollowtrucker77, I don't see the issue here.
If the local ordinance states the dog owner is responsible for any damage the dog causes, there isn't much more to discuss. This is black-letter law; the man asked "who is responsible," and he was given his answer.

To reiterate, the sign alone isn't enough. In conjunction with that sign, there might be a functional doorbell required, which would make sense.

These dog ownership ordinances are usually set at the municipal level, but liability is defined by law in many instances as well. 🤷

Take the regulations for Washington, D.C., for example:
http://www.washington-psv.org/userdocsimages/Odluka.doc

If an owner flagrantly violates the rules or the law and endangers someone else's life, they can certainly face criminal charges—what's strange about that?
No one here is justifying illegal actions; quite the opposite, from what I can see, I am the only one actually discussing the law. Again, let a judge determine the facts. Unlike many of you, I refuse to draw conclusions without evidence. None of you geniuses have even figured out why they entered the yard in the first place, yet you've already incorrectly identified the responsible party. ☕

Is there some kind of regulation regarding personal liability by any chance??
Or maybe something concerning responsibility for a child or someone who can't care for themselves??
Following the logic you're using here, the Department of Transportation would be at fault for every traffic accident, just like you're claiming the dog owner is responsible for the bite on that little girl.
I'm sorry, but I am genuinely struggling to wrap my head around your thought process.
Unless this is just that classic American approach: if something goes wrong, we go hunting for a culprit, specifically someone with enough money to pay up.
hollowtrucker77 hollowtrucker77 Regular
681 messages
joined Nov 2007
#40 ·
Drew Morgan said:She had no right to be there? They were neighbors dropping by for a visit, not a gang of burglars. What about the UPS driver? If they aren't allowed in a yard, how does anyone deliver packages?

I'm not blaming the dog or the girl. I'm blaming the practice of chaining animals up and the laws that allow it.

if the neighbors showed up, then the neighbors should have just left
you don't go near a dog on a chain, period.

honestly, if that dog hadn't been chained up, we wouldn't even be having this conversation, would we?

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