Some folks cannot handle the breed, which they wish to own. I have seen this over and over again. Many times the public
would come to me to discuss a breed of animal that they would like to purchase and ask my opinion. The first thing that I
would do was to give them a large book with the many different breeds in it so that they could make a list of which dogs they
thought might be the one for them. Ninety-five times out of one hundred those people would continue to choose an animal on
its looks alone. The look that appealed to them. And ninety-nine times out of one hundred it would be the wrong breed for
that particular family. We would go over the words that described the breed and how the written words might hide the fact
that this breed is particularly noisy, or dominant in its behavior or hyper. Have you ever noticed that the breed books never
say anything negative about the breed?
(Did you ever have to make out any of those Navy personal evaluations? Every word in it is nice but it all means something
different to the folks who understand the words. Well, that’s how you have to read those breed books).
Then we would get back to reality as to the fact that no one in this family who is looking for a puppy has ever had a pet
dog before. This drastically eliminates the choices for the breed whose personality and character will fit into their lifestyle.
The new owners must understand that their choice of pet is their responsibility.
It is my firm opinion that all pet owners should be held legally accountable as to their pick of the breed of dog they
choose to be a part of their household. I also believe that the seller or breeder should hold some form of responsibility
as to the temperament of their dogs and/or choice of breed being sold to the public. As a breeder/seller I personally knew
if an individual would not be able to handle the type of breed that they wanted and I would tell them up front. I would also
require them to sign a form that would not hold me responsible. And of course I would tell them over and over again about
the breed and how that particular breed might be too much for them to handle.
Anyone who owns a dog is legally responsible for controlling him. Most states make the owner liable for any personal injury
or property damage caused by his pet.
Property Damage and/or Personal Injury --- Owners of animals who damage another’s property or injure anyone
may have to pay all the medical expenses. The victim may also be entitled to loss of earnings as well as any pain and suffering,
scars or deformation that the victim will have to endure for the rest of his life. This can add up to millions of dollars!
Spouses may also be entitled to some money or income just because you could not control your animal. All this doesn't even
include a malicious or reckless owner. A court may double or even triple the damage award for an owner of an animal whose
conduct was particularly disgusting.
Who owns the dog? This could be proven with evidence as to who paid the veterinarian bills as well as with witnesses that
saw the dog at your house for over a period of thirty days.
Dog Bites --- Most states have statutes that impose absolute liability on the owner for any injury or damage caused
by their pet no matter who is at fault.
An injured person often sues under this dog bite statute because liability is automatic. This means that the victim does
not have to prove that the owner did anything wrong. Strict liability may be imposed regardless of whether or not the owner
was careless, tried to prevent an injury, or was unaware that the dog was dangerous.
In most states the burden of proof lies on the owner of the dog to prove that he was not at fault.
Postal Workers --- You must be sure that your dog does not interrupt the postal person’s job in any way. You
can be sued if a postal employee is injured by your dog and the postal service can pursue collections for all damages, including
lost wages, medical costs, and damage to personal property and clothing plus any scars left for life along with any pain and
suffering.
Negligence --- Habitually neglecting to do what ought to be done. Conduct that falls below a reasonable standard, the
standard of care that the law considers you owe to others. If the injured party can show that you were unreasonably careless
in controlling your dog, compensation may be awarded for harm that was reasonably foreseeable as a result. Not having a leash
on your dog is a negligent act.
Nuisance --- Anything which repeatedly causes a substantial and unreasonable or unlawful annoyance, disturbance, inconvenience
or damage to another. Some ordinances require two or more households in order to declare the problem as a nuisance.
Here are some examples of what a nuisance may be:
1. When your dog is barking all the time or late at night or after curfew when reasonable working persons go to bed, or
if your animal utters barks or cries which are so load, so frequent and this continues over such a long period of time as
to deprive other persons residing in two or more residences in the neighborhood of the comfortable enjoyment of their homes.
2. An unlicensed dog. Can you believe this one? I can’t figure out why my unlicensed dog would be a nuisance to my
neighbor! Some folks have told me that licensing your dog helps to identify the dog and return it to its owner. During my
lifetime as a child we had a few dogs that would get out and run at large and they were licensed. We called the local pound
everyday looking for our dog and we were told that he was not there. Well, day seven rolled around and we all know that day
seven in our pound was the day of death. Somehow it always happened that on day seven we would get a call from the county
pound that our dog was there. We would go and get him of course. Well, being curious as I am, I asked the officer at the desk
to look on the dog’s file and tell me when the dog was picked up? Well I am sure you all know that our dog was picked
up on the day we lost it!
3. A dog is a nuisance if he is off the owner’s property, in the road or in any other public property or on somebody
else's property where he doesn’t belong.
4. Your dog is a nuisance if he gets off your property and inflicts physical injury upon any other animal or owner of that
animal and it was unprovoked.
5. Any unprovoked or threatening behavior towards any person when such a person is conducting himself or herself lawfully
and which occurs in such circumstances as to cause such a person to fear for his or her physical safety.
6. When your animal damages the real or personal property of another person other than the owner or keeper and this happens
off the property of the owner or keeper.
7. When your animal dumps over trashcans or spreads trash of the property of the owner or keeper of the animal.
8. When your animal chases pedestrians, vehicles or ridden horses which occurs off the property of the owner or keeper.
Such public nuisance may be “abated” in accordance with the procedures set forth in sections.
There is that word - “abated” now that’s not a bad word is it?
By the way, I suggest that you read the laws well as your dog may be “abated” (destroyed). They use
an indiscriminant word, but it means the same thing as KILLED.