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Walter
Walter, Legal Consultant
Category: Legal
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Good morning I have a pit bull and he bit 1 person ...

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Good morning I have a pit bull and he bit 1 person that I know of and maybe have scratched to other people who was warned not to come near the dog but did not aheed to the warning and approached the dog any way and at first he did not straight out attack them but do to certain movements or which I hear fire engine alarms leash out and I really believe did not bite them but scratched them attemting to bite them being scared. He is a house dog and we have kids also, we have had our dog for almost 5 years and he has even gotten out and ran up and down the street and neighbors have brought him home. On tuesday around 3:20 pm the police and animal control I guess came with a warrant and took him away stating he was an aggressive dog. I am afraid that with them keeping him in a cage that he will now be aggressive even in our home but that is a chance we are willing to take. But isn''t there something that if you are warned not to come near the dog and you choose to any way
Submitted: 6 years ago.
Category: Legal
Expert:  Walter replied 6 years ago.

Hello,

Where was the dog when he attacked?

Where was the people?

Why were they around the dog?

Was the dog supervised by you?

Did you have proper notification of beware of dog signs?

Walter

Customer: replied 6 years ago.
The dog was with my son and one time he stopped to talk to one of his friends and warned them not to come near the dog but the guy said it was ok and I believe in both cases they started horse playing when he went after them, the 2nd time he was with my son in a park by themselves and they walked up to him and the dog. But he always told them to stay away from the dog but the girl stated she knew the dog and even admitted to going up to the dog petting him until a fire truck came by with the sirens going and that when he attacked but it doesn't look like a bite mark.They were my sons friends.
Expert:  Walter replied 6 years ago.

Hello,

The main issue I see here is a "He said She said" thing............bascly it is your sons word against the other people. Since he had the dog out and about, the first thing the judge will ask is if you felt the dog may be a danger why was he not properly contained away from people. The actions you took warning people to stay away from the dog is admitting that you thought he may bite. In essence placing you in between a rock and a hard place.

The humane society followed there own rules and regulations by taking the dog since it was involved in two incidents. Caging dogs rarely cause increased aggression unless it is for a extended period of time with little or no contact so your dog is unlikely to become more aggressive based on his housing right now. So this may be of little concern to your family's wellbeing right now.

Basically what will happen is the humane society will run some exercises with the dog to determine if he is in fact aggressive. Once done they will supply a report to the judge who will decide the fate of the dog. Bear in mind the judge can issue for dog to be put to sleep if he feels the dog is a threat to society. You will likely be fined in both incidences....the second being a larger fine since you allowed the dog out once again after the first incident. The person that was bitten also has the right to file a civil suit against you for damages as well.

Right now you will want to stay in contact with the humane society to inquire as to your dogs status and to determine what the courts are going to do in this case.

I wish you the best,

Walter

Walter, Legal Consultant
Category: Legal
Satisfied Customers: 11528
Experience: Specializing in all aspects of law including Family, Real Estate, Employment and Consumer Protection
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Walter
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