Need advice - legal recourse? Bad breeding!

[AngEngland]

I'm pissed - this is a horrible situation I never thought I'd have to deal with since I'm not a large kennel or anything, just a pet owner who chose to invest in quality animals with the intent of breeding in the future.

Well - Jasmine, my AKC Yorkie came into season and we secured a stud for the week to come and stay with us since I wasn't about to board her anywhere - it would be too stressful for her....she's my little lap baby. :-)

Anyway - tonight I let them both out on the porch (fenced in with lattace) to get some exercise.

Understand - we live in yucky neighborhood - you know the kind...kids and dogs running wild? The first thing we did when we moved in was put up fences and we've been working to keep the neighbor dogs out ever since.

Well - you guessed it - one of the neigbors little mongral pieces of s**t came into our yard and bred Jasmine. I'm horrified. I'm pissed at the contaminated breeding but I'm even more scared that she'll get brucellosis from this mutt.

We've already pulled the stud away from her and isolated her to make sure she doesn't potentially pass it on if she did get it but now I'm really worried.

I wanted to know what, if any, legal recourse I have against the owners of this other dog. He is their responsibility - obviously - they should restrain their stud or MUCH better yet, neuter the beast since he's just a hind's-57 if you know what I mean.

What I WANT is for them to be forced to get the dog tested for brucellosis and if it is negative, to pay for DNA on all the puppies to make sure which are pure-bred from our stud.

If the test is POSITIVE I want them to reimburse me the vet fees to have all of my animals tested, including our friends stud, and if the worst happens to pay to replace our bitch (we also have a champion bulldog stud that is my husband's dog that we couldn't risk getting infected! THis is a REALLY horrible situation!!). We only have the two breeding dogs - my husband's bulldog and my yorkie. Our other female is a spayed rescue dog. And of course - the yorkie stud was a loaner. But we can't let him go back to our friends kennel until he is cleared.

It takes a month for brucellosis to show up on a blood test. I'm so scared and pissed and angry and it's created such a hassle just in terms of housing this other stud dog in a more long term situation since we'll have the expense of keeping him for a month until we are sure HE isn't infected either. We seperated them as soon as we saw what was happening but still......

I'm SO angry and now I'm wondering what, if any, legal recourse we have.

THEIR dog came on OUR property. My bitch NEVER left our property. Is this something we can ask them to pay for?

Angela <><

[Susan123]

Sounds like a lesson learned. Never leave a bitch in season unsupervised, this also goes for the mating. The neighbors are slack to say the least and knowing so already, this could have been prevented. Breeders and nonbreeders, we all know that dogs will scale fences and dig under them to get to the bitch. I would be upset also, furious with the neighbors but also with myself as breeder having the most to lose and knowing she was in heat.


I'm sure this is not what you wanted to hear, this is just my opinion. Good luck with your girl.

[spr377]

Originally Posted by Susan123

Sounds like a lesson learned. Never leave a bitch in season unsupervised, this also goes for the mating. The neighbors are slack to say the least and knowing so already, this could have been prevented. Breeders and nonbreeders, we all know that dogs will scale fences and dig under them to get to the bitch. I would be upset also, furious with the neighbors but also with myself as breeder having the most to lose and knowing she was in heat.


I'm sure this is not what you wanted to hear, this is just my opinion. Good luck with your girl.

The neighbors would only be libel for not obeying the leash law, a fine at most, to the town you live in.

[AngEngland]

Oh believe me - I'm just as angry at myself for letting this happen. You're not saying anything I haven't been screaming at myself for the past several hours. I couldn't sleep - I'm having nightmares - it's horrible.

[bchgirl]

I think the problem lies in the fact you let her outside unsupervised. You could talk to the owners but I doubt legally anything could be done. I guess you could call animal control and ask...wouldn't hurt.

Good luck. I hope she is fine.

[Sunnie]

I agree.. What Barbara said is the painful truth. However, I do think you may have a case against the neighbors. You would more than likely have to file a report right away and probably take it to small claims court to possibly recover. Still, it would be a tough case.

[larsensyorkies]

I'm sorry this happened to you. I don't know about the neighbor having to pay for the test, but I'd think if it came back positive, then the neighbor would be responsible. Animals are considered property by law and if there’s any damage to your girl (ie. brucellosis), they should be held accountable.

[YorkieRose]

If is happened to me, I would pay for the test to insure my bitch was safe...you can stand around arguing or get it done..I perfer to get it done and know what I am dealing with...tests on a male aren't very expense here..$40...

[AngEngland]

Honestly, I just went back into the house to get some coffee - that's it. It happened so quickly. When I came back outside they were tied and the other dog so skittish I felt helpless because I didn't want him to hurt Jasmine. I couldn't get close to him.

Anyway -
Just got off the phone with the animal control officer - and he was VERY helpful. I also did some research into the Oklahoma Animal Control Laws last night - you know...around 4:30 or so. *wry grin*

He said that the law "estray animals" when a dog strays onto your property you have the right to "take up" said animal. Which means I can claim him - I need help CATCHING him which he is on his way to help me do right now. But once I claim him (ie "take him up") I can provide any medical, food, etc care the dog needs. In this case - a brucellosis test.

IF the owners want him back they have to pay the actual costs expended by the taker-up and - according to the animal control officer - "damages by said estray while on the property of the taker-up". He said the county judge will look at the file and decide what is "appropriate to the case".

But at least I will be able to legally catch the dog, transport to the vet and pay myself to have him tested. The owners, whoever they are, will likely just decline to claim ownership of him in which case I can simply surrender him to Animal Control once the testing is completed.

But at least this way I will KNOW whether my sweet Jazzy is sick or not without having a wait for a month of torturous not-knowing before her blood work would show anything.

Will keep everyone posted - animal control should be here within the hour. He was SO helpful on the phone and explained the "estray" laws. He said if the owner claims the dog they'll be given a bill to pay and I'll be reimbursed. If they don't, the dog is simply surrendered to Animal ZControl and run through the system. Either way - at least I have the legal grounds to FORCE the dog to be tested. Which is all I really care about at this immediate time.

Thanks for everyone's imput - and the helpful private messages as well.

I just want to warn everyone - it can happen SO quickly. As in, go inside the kitchen to get a cup of coffee quick! SO BE CAREFUL.

Angela <><

[makemepretty]

Man, I see an all out war with your neighbor over this. Is it worth it? Stray dogs sometimes get in your yard(especially if a female is in heat) they will do anything to get to her. It was an accident but I have a feeling you are going to turn this into a full out war.

You already blamed yourself for not keeping an eye on her the whole time(heck, even children have been injured in such short amounts of time in a fenced yard) that's why it's called an accident. Please reconsider some of the things you're thinking because you're upset. Right now, focus on your female and see what you can do about the pregnancy.

The risk that it contracted brucellosis is very rare, I'm not sure why you would even think that. Please reconsider doing some of the things that might cause more problems. Or at least talk to them before jumping into a situation that you might really regret. Good luck

[Ines3185lyorkie]

Originally Posted by makemepretty

Man, I see an all out war with your neighbor over this. Is it worth it? Stray dogs sometimes get in your yard(especially if a female is in heat) they will do anything to get to her. It was an accident but I have a feeling you are going to turn this into a full out war.

You already blamed yourself for not keeping an eye on her the whole time(heck, even children have been injured in such short amounts of time in a fenced yard) that's why it's called an accident. Please reconsider some of the things you're thinking because you're upset. Right now, focus on your female and see what you can do about the pregnancy.

The risk that it contracted brucellosis is very rare, I'm not sure why you would even think that. Please reconsider doing some of the things that might cause more problems. Or at least talk to them before jumping into a situation that you might really regret. Good luck

I can see your side and the anger you feel. At this point I would have your dog tested and worry about and unwanted pregnancy and safety. Apart from the money and time proving that it wasn't your fault in small claims, it will not turn back the time to what happened. Unless you are planning on moving, having problems with neighbors unless they seem reasonable and are the Brady Bunch Type will escalate this situation into a war.

[xiju]

So let me get this straight. You left a bitch in heat unsupervised. A male entered your yard and mated with her. Now, this male may pay with his life by being handed over to Animal Control for just being a male. What is wrong with this picture???? Perhaps you could at least try to find out what neighbor owns it.

[larsensyorkies]

Originally Posted by Ines3185lyorkie

I can see your side and the anger you feel. At this point I would have your dog tested and worry about and unwanted pregnancy and safety. Apart from the money and time proving that it wasn't your fault in small claims, it will not turn back the time to what happened. Unless you are planning on moving, having problems with neighbors unless they seem reasonable and are the Brady Bunch Type will escalate this situation into a war.

I'm confused, how is she trying to prove it wasn't her fault? It sounds like she's just worried about her girl and by testing the neighbors dog, she can know much sooner if brucellosis is something to worry about.

If the neighbor's dog is still in the backyard an hour later when animal control gets there then I would guess they don't care what happens to it.

[lbcoopman]

The chances of him getting yours slick is slim I will agree with the other posters but I think claiming him and turning him over to animal control is the most decent thing you can do. not for yourself but for the other dog. The owners obviously do not care about the animal and it probably does not see a vet etc. in which case its better off with animal contol no matter the outcome. This is provided on the fact that this is a dog that frequently runs loose and did not accidentally get out!

[AngEngland]

If I knew who owned the dog I would talk to them and ask them to take him to the vet. I've asked at every house along our street and no one seems to know. There is a sale barn a few blocks over and maybe he just hangs around there and eats scraps and cow poop - I don't know. If I could find an owner I would ask them to have him tested and pay for the test myself. But I haven't been able to track down the owner. The dog keeps running away every time I get close so Animal Control said if WE couldn't catch him by tomorrow and THEY couldn't figure out who the owner was that they would bring a live trap over.

All I want to know is what I'm dealing with.

And unfortunately - the number of stray dogs in my county is higher than the human population because we are a semi-rural area. People who decide training a dog is more hassle than it's worth bring them here so they will have a "good life in the country". *rolls eyes* So the truth is brucellosis IS a concern. We have our English Bulldog stud tested every four months. I required a negative brucellosis test on the Yorkie stud I used with my female. Don't you ask for testing with your breeding stock? If it wasn't a concern why would you bother? Because you want to make sure! You want to be safe! Maybe if I had NO other dogs in the house I wouldn't worry about it but I do - so I ahve to do what's right for the entire household

I was pregnant, hormonal and crying a lot last night - so lots of my rant was in haste and hysteria. :-) The simple fact is it happened - I thought she was safe in my yard playing while I went a got some coffee to sit outside with her and it happened. Now I have to do the best I can for MY dogs. I am not responsible for what happens to someone else's dog. That dog has owners who should be responsible. If Animal Control finds ID tags or microchip tracking down the owners will be easy. My dogs personally have both - don't yours? If YOUR dogs got out and someone picked them up wouldn't they know how to get ahold of you? Yes - of course - because you are a responsible owner. Same here. I cannot allow my girl to be put at risk any further because some one else is NOT. I can't even FIND the owner. Never mind talk with them.

So - point taken and heard. I'm not going to start a war. I've spoken with the vet this morning and gotten some good answers on treatment possibilities, true risks with a one time accidental incounter, etc. No family fueds here - I just want to KNOW. And the last thing I need in the middle of my pregnancy is a full month of worry and wondering and waiting whether my angel girl fur baby is sick or not. I'd rather know within the next day or two - that's not unreasonable.

Angela <><