[WSBARP] Slightly off Topic - Possible Referral - property damage - dog bite

[Paul Neumiller]

I was walking down the middle of a residential street in CA with my dog on lease.  A neighbor's loose dog ran up and attacked with hackles up and snarling (meanwhile the owner is yelling that "Fluffy" will not hurt us and wants to play). In one move, my dog rolled the other dog and bit the other dog's neck and stomach causing injury.  The other owner came up to me a couple of weeks later and stated that he went to see an attorney and I'm responsible for his dog's vet bills.  I looked at him and said "My dog was under control, on a lease, and in the heel position.  Your dog was running around loose in the neighborhood and attached us.  Bring it on."   (I have no patience for this type of dog owner.)  I never heard from him again.

I doubt the "pit bull" and his owner can be responsible for defending itself from the attacking terrier.


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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Mark Vohr
Sent: Wednesday, December 18, 2019 2:04 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Slightly off Topic - Possible Referral - property damage - dog bite

PC opens front door.  Small terrier races out and confronts pit bull on leash.  Pit bull attacks the terrier, pit bull owner can't really control the dog (so I'm told).  Terrier owner pulls the two apart.  But not after terrier gets the worst of it - about $3,000 in vet bills.

Owner of pit bull makes claim to home insurer.  Home insurer gets statement from Terrier owner  - basically the above - and denies claim.

This is not my area of law, so I would refer something like this.  However, under the fact pattern it seems to me the terrier owner does not have a claim against the pit bull owner.  There is little question the terrier started it all.  The altercation took place in a common area of this condo development (outside).

Thoughts?

Regards,

Mark

Ohana Fiduciary Corp.
A Washington Trust Company
Mark C. Vohr, J.D., CPG, Principal
PO Box 33710  Seattle, WA  98133
T:  (206) 782-1189 F:  (206) 782-1434
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