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Old 03-06-2013, 01:29 PM   #2
Smitten4Yorkies
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Join Date: Mar 2013
Location: Central Florida
Posts: 22
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so far the only legal thing I can find so far is this...But if I did call animal control the pitbulls would be killed right? The Animal services here is slap full of ptbulls and tons that die everyday that no one wants ..I just don't want the one Texas pitbull to hurt no one or no ones dogs!Its owner obviously dose not give a crap about it for not wanting to take care of it and protect it!I feel if you own a aggressive dog that wants to tear your neighbors fence down for their dogs and them you should have a proper fence for it at least for its safety and everyone's!

Barking at strangers.*** If a dog, usually kept in the house or a fenced yard, barks at strangers but has never threatened a person, its owners will probably not be liable if it bites someone. (See, for example, Slack v. Villari, 476 A.2d 227, cert. denied, 482 A.2d 502 (Md. 1984) and Collier v. Zambito, 1 N.Y.3d 444 (2004).)

Threatening people***. A dog that often growls and snaps at people who come near it when out in public, but hasn't ever actually bitten someone, is a different case entirely. The dog's actions should put its owner on notice that the dog might bite someone. If the dog does bite, the owner will be liable. (See, for example, Fontecchio v. Esposito, 485 N.Y.S.2d 113 (1985).)

Frightening people***. If a dog likes to run along the fence that separates his yard from the sidewalk barking furiously, or chases pedestrians or bicyclists, the owner may be liable if the dog causes an injury. At least one court, however, has ruled that an owner wasn't responsible for foreseeing that a barking dog could frighten someone so much she would run into the street. (Nava v. McMillan, 123 Cal. App. 3d 262 (1981).)


Fighting with other dogs***. If a dog that is gentle with people has a history of fights with other dogs, that's probably not enough to put the owner on notice that the dog might bite a person. Courts usually recognize that canine society has its own rules, and the way a dog behaves under them isn't a reliable predictor of how it will act toward humans. (As one court put it, the “question was the dog's propensity to attack a human. The canine code duello is something else. That involves the question of what constitutes a just cause for battle in the dog world, or what justifies a resort to arms, or rather to teeth, for redress.” (Fowler v. Helck, 278 Ky. 361 (1939).)

Complaints about the dog***. If neighbors or others complain to the owner that a dog has threatened or bitten someone, the owner would certainly be on notice that the dog is dangerous. But in one Alabama case, where a dog's owner had been scolded by a neighbor for having a dog that was a "nuisance," the court ruled that the owner did not have any knowledge that his dog was dangerous. (Rucker v. Goldstein, 497 So. 2d 491 (Ala. 1986).)

Last edited by Smitten4Yorkies; 03-06-2013 at 01:31 PM.
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