Dog attacked—recourse?

[Loudlaugh12]

Hi all,

I had my dog out at a really lovely dog park (huge open spaces, trails, etc) and he was suddenly attacked by another dog, zero provocation from my dog. We simply walked near the other dog. Other dog would not release my dog and the owner reached into his pocket and pulled out pepper spray to use in his dog’s eyes to get his dog to release. This suggests that he 1) is aware his dog can be aggressive, and 2) gets so aggressive as to need mace to break up a fight. This infuriates me. I get that dogs are dogs, but this human was fully aware of his dog’s aggressive behaviors.

I managed to get owner and other dog on video after the incident. Got his name, assuming he didn’t lie. My dog did not look immediately hurt, but when I got home, he suddenly had blood on his face and had a puncture wound that required the emergency vet. I now have a $600 bill. I’ve also learned my lesson about dog parks, no matter how bucolic.

I called the town animal control and left a message, as it was after business hours. I want to 1) Make sure his dog never steps foot in park again, and 2) He is tracked down and served with my vet bill.

Anyone know what recourse I have to this end? Not sure how much animal control does in cases like this. Any thoughts would be appreciated!

[SummerRose]

I’m sorry your dog was injured.

Generally, no one is liable when two off-leash dogs at a dog park fight. Letting dogs interact there is generally considered to be something that the owner does at their own risk. (Dog parks are even usually posted with signs to that effect.)

It would be perfectly reasonable for an owner to be carrying pepper spray to protect their own dog, even without any history of aggression by their dog. So it can’t be assumed that the other owner knew/believed their dog was aggressive.

However, if you can prove that the other owner did know and that the other dog had a documented history of aggression, you might have an argument to take to small claims court (assuming you’re in the US?). You should contact local AC to see if the other dog has a “record” and to have them contact the other owner to verify that the dog is up-to-date on rabies vaccinations, if you weren’t able to verify that at the time.

I hope your dog heals up quickly!

ETA, there are localities where the owner of the attacking dog may be held liable, but you’d need to prove that the other dog started the fight. Might be worth trying for that in small claims court if the fight occurred in one of those areas and you have video. Or maybe witnesses, but it isn’t unlikely that the owner of the other dog will also have witnesses that say your dog was the instigator (whether that’s true, false, or somewhere in between).

[anonevent]

Dog fights are scary and you and your dog went through trauma. I’ve been there. I avoid off leash dogs whenever I’m walking a dog. Too much can go wrong, too quickly.

You can probably get animal control to confirm vaccination status if the person is a resident of the same town as you. The other owner might be willing to contribute toward the vet bills (if you find him yourself and request it), but they don’t have to contribute.

You don’t have the power to keep the dog out of the park. In the end, it’s your word against theirs. How would animal control know that the puncture didn’t happen during rough play? How would they know that your dog didn’t injure the other dog?

Places where off leash dogs are permitted are ripe for dog bites, unfortunately. It doesn’t matter how well behaved 99.9% of the dogs are if .1% of dog aggressive dogs are present.

[steelerino]

@Loudlaugh12

I called the town animal control and left a message, as it was after business hours. I want to 1) Make sure his dog never steps foot in park again, and 2) He is tracked down and served with my vet bill.

Animal Control worker here. Very likely nothing will happen and you will have to pursue your bill in small claims court.

[beowulf]

I am so sorry this happened to you and your dog. You have my total sympathy. I’ve had several strange dogs attack and/or maul a dog of mine, as well as a few dog attacks on my person, my horse, and my grandmother, who I was taking care of before she passed. It has robbed me of the joy of dogs - and you see my profile picture, I love dogs.

I had no luck getting any one of the owners to reimburse expenses. If the owner did not offer at the time of the attack you may be SOL. It’s awful, but I’m grateful you had the means to take care of your dog and get him to the vet.

Did you get his phone number, by any chance? If you are brave enough, you could start a post on your town’s FB page asking if anyone knew the contact info of the man/dog. You can be vague, or totally honest. I have seen it go both ways, my community seems to have a low tolerance for bad dogs and the “bad” owners are identified fairly quickly.

Don’t underestimate how this will change both you and your dog when it comes to your comfort level with other dogs. Witnessing or being part of a dog attack is traumatic and terrifying… I would get pepper spray to protect both of you going forward.

Call the ACO during normal business hours. While it’s hard to do, be factual and keep any emotion or motive out of the account. I would also report this incident to the Town Clerk - that dog needs to be licensed in most states. They may have contact info they can give you.

I’m sorry to report that trails and open spaces are no better when it comes to clueless owners and their poorly trained dogs. At least once a month my horse and I are hazed by a dog off-leash, even though the areas I ride have a “must be leashed” requirement. I don’t know if there’s many places you can take a dog publicly that are safe anymore-- but, if you are really missing that socialization and quality time with your dog, picking up a dog sport like agility is a lot of fun.

[trubandloki]

All the dog parks I have experience with (have never actually taken a dog into one, but they are a common thing where I live) have signs that you are doing this at your own risk.

Two loose dogs in an open area…

I have no doubt that pretty much everyone says their dog did nothing and the other dog is at fault.
The dog that loses is not automatically the dog who did nothing.
(I am not saying your dog is at fault, I am simply pointing out that everyone says their dog is not at fault.)

@SummerRose

It would be perfectly reasonable for an owner to be carrying pepper spray to protect their own dog, even without any history of aggression by their dog. So it can’t be assumed that the other owner knew/believed their dog was aggressive.

Well said!

[MunchingonHay]

I am so sorry to hear you dog was attacked. It is no fun and be mindful of PSTD with your dog in the future.

When my old man Riley (profile pic) was attacked walking down the street (leashed and at my side in heel) by two Great Prys that got out of their fenced yard (gate was left open) he was never the same after that. Walking around our neighborhood was something that gave him pure joy and after that he was so on edge that he was going to get attacked again.

He loved other dogs, enjoyed being at dog parks, he was mindful of who he played with, mirrored their energy, and had a 100% recall; but that attack ruined him.

He had two surgeries, several puncture wounds, a 3 inch drain and it cost $2K in total. The lady was fostering the GP’s and the rescue group paid for his care and they took the dog out of her care.

[Pico_Banana]

If you have his name, try to find him without being accusatory.

One of our dogs out of the blue injured another dog. Both dogs were on leash. It was just completely unanticipated. We knew the owner and we paid her vet bill because it was the right thing to do. So I guess I’m saying this guy might do the right thing if you give him the opportunity to do so.