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I have a neighbor with a aggressive Rotwhiler, it aggressed

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I have a neighbor with a aggressive Rotwhiler, it aggressed myself a couple times, my 5 yr old once, and just recently my wife. everytime it came in our yard, never on a leash and the owners just let it go. i`ve brought it to there attension more than 5 times still nothing was done, even called the police to handle it. are there laws for aggressive breed dogs in Allegheny County, Pa? and dont`t they have to have a insurance policy on that kind of dog ( homeowners insurance) ?
Submitted: 4 years ago.
Category: Legal
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



So they DO have a ticket on the matter now?





Customer: replied 4 years ago.

yes they do

 

Expert:  Ely replied 4 years ago.
There are some:It is unlawful for an owner or keeper of a dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal or from destroying property with its teeth.
§ 459-505-A. Public safety and penalties

(a) Failure to register and restrain.--The owner or keeper of a dangerous dog who violates any of the following provisions on the first occurrence commits a misdemeanor of the third degree if:


(1) The dangerous dog is not validly registered under this act.


(2) The owner or keeper of the dangerous dog fails to comply with the provisions of section 503-A or 504-A. [FN1]


(3) The dangerous dog is not maintained in the proper enclosure.


(4) The dangerous dog is outside of the dwelling of the owner or keeper or outside of the proper enclosure and not under physical restraint of the responsible person.


(5) The dog is outside the dwelling of the owner without a muzzle, regardless of whether the dog is physically restrained by a leash.


(6) The dog is outside the dwelling of the owner or a proper enclosure without a muzzle and unsupervised, regardless of whether the dog is physically restrained by a leash.

So that is what they likely have the ticket for. You need to threaten litigation, or actually sue. Let me explain.
Lawsuits are made up of causes of action, in other words, to file suit, you need a cause of action (at least one).



You can file multiple causes of action together. All causes of action have different elements you have to satisfy. For example, “negligence” is proven if there is (1) a duty owned to Plaintiff and (2) the Defendant breached that duty.



It takes too long to explain all elements of each cause of action, but from my knowledge, you have a lawsuit for the following causes of action: negligence and negligence per se.

Some elements of the causes of action different by state due to different evolution of local law, but they are generally nearly identical.



If the hearing is by Judge (“bench trial”), the Judge decides. If the hearing is by Jury (“jury trial”), a majority of the Jury has to decide towards one way. Although a lawsuit is automatically set up to be heard as a bench trial, either party can request a jury trial. Defendants usually prefer a jury trial since it’s harder to convince a few minds, rather than one.



In the end, the Judge or Jury that decides whether or not the elements for each of the causes of action were satisfied, and if so, what damages are needed to rectify the situation. Note that if you win, you may also get your legal fees and attorney fees tagged unto the award.



Know, however, that 85% of such cases are resolved with a stern demand letter from your attorney and perhaps a draft petition included with it. That usually scared them to make a deal to avoid litigation. When you hire an attorney, try to hire them on a contingency basis, i.e. they don't get paid unless you do (usually about 33%, or 40% if reward is from trial). I can help you find an attorney in your area who specializes in these kinds of matters if you'd like.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 89110
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 18 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
Do the owners of the dog have to have insurance on a dangerous breed ?

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