Expert: Lee Meyer - 5/16/2007

Question
My dog was just moved from the country to a city environment. She now has to be chained up and is not happy to say the least. She got of her leash and attacked a small dog. I said I would pay, but the man is very irrational and is threatening to sue, and have my dog put down. Is this legal?

Answer
Hi Shannon,

I'm not a lawyer so I can't say if it's legal.  Anyone can threaten to do something.  He probably was a little emotional at the time, which I guess I can understand.  I wouldn't probably threaten to put the other person's dog down (unless they were being a real a-hole about it).  But you sound like you weren't, you were trying to be responsible about it.

I would wait a day or so, and again contact the person in writing that you are more than willing to pay the vet bill and don't be afraid to apologize as best you can in the letter.  Hopefully he will have calmed down and agree to this.

But on his own I don't think he can demand your dog be put down because it attacked another dog.  One instance of dog-on-dog problem I don't think is enough to label your dog 'vicious'.  It will be harder if your dog has never done this before.  He could of course sue you, but as you are willing to pay for the vet bills, he can't get anything else as far as I know.  You can't get pain and suffering for an animal, just the medical bills.

Word your letter carefully and very politely.  If it does go to court you will have evidence you were willing to take responsibility.

And I would ask you to consider if there is any possible way for your dog to be indoors during the day?  It will save you from another incident and maybe she won't be so unhappy.  

Sorry to hear about your situation.  Write back if you have more questions.

Lee