register for free
View our sister sites
Our sister sites
Our sister sites
Our sister sites
Kaylaclaire86
New Member!
Kaylaclaire86 is offline  
Location: MD, USA
Joined: Dec 2014
Posts: 3
Female 
 
01-05-2015, 07:03 PM

Child scratched by my dog...

Ok so, to be more descriptive... My dog is almost two years old. He is a mixed breed (no boxer, PitBull, German shepherd) in him. He loves people to death, he is a service/companion dog for PTSD and Depression for me

I let him out to play in the backyard for at least 2 hours a day, it is completely fenced in and he can't get out unless someone opens the gate. Our neighbors dog (a German Shepherd) can jump the fence, I allow this as the two are great pals.

Anyways today my backyard gate was supposedly open as he got out. A nice lady saw him in my front yard and got out of her car, at this point she saw an autistic boy(around 10 yrs old) running back and forth across the street to try and get my dog to play.
Evidently (according to the nice lady) the boy was scratched by my dog, on my property.
The police aren't doing anything about it as they said it happened on my property and it was just a scratch (the boys grandma used the word "Attack") and the nice lady defended my dog. I won't deny liability because he's my dog but... On a normal day he is confined to the back yard. I live alone with him and my gate was propped open by someone

What can i expect as far as legality is concerned?
Reply With Quote
mjfromga
Dogsey Veteran
mjfromga is offline  
Location: Atlanta, GA, USA
Joined: Sep 2010
Posts: 5,680
Female 
 
01-05-2015, 07:12 PM
I see you're a U.S. resident. If the lady insists the dog attacked, you will only be able to defend yourself by saying the child was not bitten, merely scratched. Unfortunately, since you did not see the incident or the wound, the lady who witnessed the incident is your only alibi. The dog should be up to date on vaccinations, or expect a fine. I highly doubt you're truly reprimanded for this. It is a child, so you need to tread carefully. Also, your dog needs to be supervised while out, or unfortunately you're going to need to tether him securely, you cannot risk him escaping again. If the dog is ordered to pass a temperament test, I hope he's not aggressive.
Reply With Quote
Kaylaclaire86
New Member!
Kaylaclaire86 is offline  
Location: MD, USA
Joined: Dec 2014
Posts: 3
Female 
 
01-05-2015, 07:18 PM
I saw the scratch, the skin was not broken, no blood was drawn. When the police and emts showed up they met my dog and noted to the grandma of his seemingly friendly temperament. He is also up to date on his shots.
Reply With Quote
SarahJade
Dogsey Senior
SarahJade is offline  
Location: West Yorkshire
Joined: Sep 2010
Posts: 855
Female 
 
01-05-2015, 07:40 PM
I wouldn't think much if anything will happen. But I have to ask, why has someone else opened your gate? Is it just your's or do others have any access rights? If no-one else should be using it I would have it bolted and locked at all times. Too risky for my liking.
Such a shame things like this happen and really it's all just an accident, but if it ever happens again something might come of it since your dog will have this on the record already.
Reply With Quote
Chris
Dogsey Veteran
Chris is offline  
Location: Lincolnshire
Joined: Jun 2006
Posts: 8,942
Female 
 
01-05-2015, 11:04 PM
I wouldn't think you have anything to worry about as the injury was so minor and the police have the witnesses statement as to the events that occurred.

A padlock is a wonderful addition to a gate where a dog has the free run of the yard. If at all possible, fit one and use it
Reply With Quote
Apache
Dogsey Senior
Apache is offline  
Location: Cheshire, UK
Joined: Apr 2012
Posts: 531
Male 
 
02-05-2015, 07:30 AM
The Police confirmed it was just a scratch, presumably they took photo's to keep as a record of the incident? Why was the boy trespassing on your property and without supervision? I don't think they have a case for an "attack" but agree with others that it is your responsibility to ensure that your dog never gets out again. Your garden must be made secure with a lock.
Good luck.
Reply With Quote
mjfromga
Dogsey Veteran
mjfromga is offline  
Location: Atlanta, GA, USA
Joined: Sep 2010
Posts: 5,680
Female 
 
02-05-2015, 08:46 AM
If you saw the scratch and the dog has no history of aggression, you will almost certainly not be reprimanded for an "attack". However, you will need to ensure the dog isn't able to escape again. My dog has knocked down many a small child just playing when he was a naughty puppy, I had to train this away or kids could get hurt and I might have legal trouble. He does volunteer therapy for the elderly and would not DARE jump on them, but the kids excite him. This is likely what your dog did if the child had a scratch. Try training him to not jump if this is an issue at all. That way, if he does get loose again... at least no more kids will get "attacked" by your sweet and playful boy.
Reply With Quote
Beta Man
New Member!
Beta Man is offline  
Location: Ohio
Joined: Apr 2015
Posts: 12
Male 
 
05-05-2015, 02:17 AM
Originally Posted by Kaylaclaire86 View Post
Ok so, to be more descriptive... My dog is almost two years old. He is a mixed breed (no boxer, PitBull, German shepherd) in him.

Why do you feel it necessary to point this out? Those breeds you mentioned are somehow inherently more dangerous than your mixed breed of undefined background?

Anyways today my backyard gate was supposedly open as he got out. A nice lady saw him in my front yard and got out of her car, at this point she saw an autistic boy(around 10 yrs old) running back and forth across the street to try and get my dog to play.
Evidently (according to the nice lady) the boy was scratched by my dog, on my property.

There you go..... Your dog protected your person and property from a 10 year old intruder, on your property. Even leash laws aren't usually applicable if the dog is on personal property
(the boys grandma used the word "Attack")

Threaten the boy with trespassing charges, and criminal menacing towards your dog...... That will quiet her down



What can i expect as far as legality is concerned?
Answers in bold.... Highly exaggerated. I would expect nothing to come of this. Having no real knowledge of what happened, and based on the police account, I would venture to guess your dog was playing with an excited child.
Reply With Quote
lovemybull
Dogsey Senior
lovemybull is offline  
Location: North Jersey USA
Joined: Mar 2014
Posts: 974
Female 
 
05-05-2015, 03:40 AM
I would just say make your backyard super secure. We put a second fence perhaps ten feet back from our first fence. Even if you're in our driveway the dogs are still securely ten feet back and at least twenty feet from the sidewalk.

We also had a fun filled time for awhile when Callie was magically appearing in our neighbor's yard and even our front yard. He also scratched the neighbor. As we reasoned afterwards it had to be basically just jumping up on her. If he was meaning aggression he could do much more than a scratch instantly. She didn't press charges and we laid railroad ties the length of our fences.

We come to find out he was somehow squeezing UNDER the fence. With railroad ties and brick on the ends he is securely in the yard now...and even then he's supervised.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 


Similar Threads
Thread Thread Starter Forum Replies Last Post
Puppy scratched himeself [neosporin?] jols Dog Health 15 28-11-2010 05:12 PM
Protecting a cut from being scratched? Tailwagger Dog Health 2 20-05-2007 10:40 PM
Four month old pup, always scratched, de-flea'd regually, advice needed! Hannah Dog Health 70 08-06-2006 01:11 PM
Is it possible to retrieve data from a scratched disk? Brundog Technology 6 02-04-2006 07:00 PM
Bear was scratched!! I lubz Mini Schnauzers Dog Health 16 16-01-2006 09:47 AM

© Copyright 2016, Dogsey   Contact Us - Dogsey - Top Contact us | Archive | Privacy | Terms of use | Top