dog warning signs, leashes, etc = open to law suit?

My dog can be fear aggressive toward large dogs (she is a large bully breed). I’m doing a 5k with her and someone suggested putting a orange leash on her that says “do not approach not dog friendly”. She’s totally controlled, I just don’t want people letting their dogs come up to her.

However, someone else told me that can open me up to a law suit because it would be obvious that I knew she was dangerous. They said there have been cars with Beware of Dog signs and attacks.

Thoughts?

If you are worried about it, why not put a basket muzzle on her? Obviously since you will be running, she’d need one that allows her to breathe and drink water.
I can understand your concern as some people let their dogs approach dogs on a very long leash.

You are open to a lawsuit whether you have some sort of marker or not. People sue for everything these days. You may not lose, but its still a problem.

Personally, I would leave the dog home if I thought there were going to be too many situations and people where you have to worry. If that’s not something you want to do, then I also vote for the muzzle.

It’s very rare that she has a problem with another dog and we’ve done obidence classes and she knows to listen to me. I just don’t want people letting their dogs come all up in our space!

[QUOTE=2LaZ2race;7622813]
It’s very rare that she has a problem with another dog and we’ve done obidence classes and she knows to listen to me. I just don’t want people letting their dogs come all up in our space![/QUOTE]

You just can’t control what others do. I also vote for leave the dog at home if you’re not 100% sure you can keep him under control. There are so many instances that a dog might be “up in your space” that you can’t control – someone who trips and loses their dog; someone trying to pass you (it is a race, after all); someone who had no idea their dog was going to be out of control…etc.

I don’t know if there is any legal difference; but I agree with your friend to some degree - if you have to warn others, you are probably more at risk to a lawsuit if something happens.

Personally, if I saw an orange leash or any other color leash, I wouldn’t know why it was a certain color, or realize it meant stay away. I don’t think a color of leash, or any other symbol will work, because the clueless people who run up to dogs, or let their animals mug any dog they come across, will still do that. And if a kid goes after your dog, they won’t stop because of anything except a strongly worded, “stay away” from you.

I knew about red ribbons in a horse tail (keep back,I kick). But leashes come in so many bright colors that I would just think that ‘orange’ is your color choice. If you don’t think that other clueless people won’t keep their dogs back from yours with a loud verbal “keep your dog away from mine!” then I agree with others that maybe you should leave your dog at home.

A little OT, but equating the red ribbon thing with a colored leash…

If you think that a colored leash could open you up for lawsuits, do you feel the same about a red ribbon in the tail? Isn’t it essentially the same thing, assuming there is a standard color for “I’m not friendly, stay away”?

I agree people probably won’t know why you have a orange leash.

IME it’s not MY dog who’s behavior I have to worry about. It’s the behavior of all the other nincompoops who let their dogs roam around on those retractable leashes and not pay attention at all. If you can’t trust your dog, should you loose focus for a second and someone else lets their dog run up your dog’s rear then I would leave him home.

That said…a muzzle on your dog is a great way to let others visually know that your dog is one to steer clear from. Halti’s work like that as well. I have a couple of big Great Danes that I use head collars on and that seems to deter most people from coming too close.

It would probably be more noticeable to wear a t-shirt printed with that message rather than on a leash.
Or a dog-shirt printed with that on the dog.
I’m not sure what the legal ramifications would be for that while being out in public in your area.

Although having owned many ‘problem dogs’ in the past, I also vote for not bringing the dog.
Even if the problem is rare it’s best to not set the dog up for failure in the first place if at all possible.

I had a “problem” JRT…he wore a muzzle whenever he was in company…

Do I have this logic right?

One can’t afford to warn others of their known-danger dog because then they can be accused of having known about the danger?

The better way to proceed, from a legal standpoint, is to not warn and hope you can play dumb plus have no paper trail the plaintiffs could find?

That’s my genuine question generated by the OP.

But once you posted the question here-- on the interwebs-- didn’t you just let the cat out of the bag, so to speak?

It seems to me, then, that at this point, the OP should leave the dog home or use all the warnings and risk prevention measures she can if she still wishes to take the dog.

[QUOTE=mvp;7623233]
Do I have this logic right?

One can’t afford to warn others of their known-danger dog because then they can be accused of having known about the danger?

The better way to proceed, from a legal standpoint, is to not warn and hope you can play dumb plus have no paper trail the plaintiffs could find?

That’s my genuine question generated by the OP.[/QUOTE]

It would be interesting to see if there is any legal precedence. If you advertise your dog as “potentially dangerous” and bring it into a situation that might lead to problems - are you more at fault than the person that never expected a problem but had “an accident?”

I’m not sure there is any legal difference - your dog is always your responsibility. So, when you bring it to a public place, you are on the hook for its conduct whether you expected it or not.

Common sense would tell me that a road race with a dog that might have issues with other dogs is a bad idea. Why bring the dog?

Protect your dog by leaving her home. I know it will be hard and I completely understand having a running partner, but better safe than sorry.

Is this a dog focused race like Bark for the Cure (know that’s a walk but its all I could think of) or a human oriented 5k that just allows you to run with your dog if you’d like?

In the former I wouldn’t take anything but the most socialable under every circumstance dog because the chances of another dog causing an issue are so very very high. However in a human race for time/placement 5K I think there will be substantially less dogs there, chances are much better that the ones who are will be with other owners focused on running and the dogs should be used to focusing on running with their owners, not socializing.

But, and this is a VERY BIG BUT! You own a bully breed. It doesn’t matter if a dot launches itself at your pup from 10 feet away and is hanging from its jugular. When your dog defends itself it will be blamed because of its breed. Unless somebody happens to video the entire incident and the judge is dog behavior savvy then you might be slightly less screwed.

[QUOTE=2LaZ2race;7622691]
… I just don’t want people letting their dogs come up to her…[/QUOTE]

I am sure you know deep down that you can’t keep people from being stupid. Responsible dog owners know better than let their dogs come up on yours, but those are not the dog owners you need to worry about (and responsible owners seem to be in short supply…).

If I was in your position, I would either go with a basket muzzle or leave the dog at home. It is not fair for you, but you are protecting your dog.

[QUOTE=Horsegal984;7623345]

But, and this is a VERY BIG BUT! You own a bully breed. It doesn’t matter if a dot launches itself at your pup from 10 feet away and is hanging from its jugular. When your dog defends itself it will be blamed because of its breed. Unless somebody happens to video the entire incident and the judge is dog behavior savvy then you might be slightly less screwed.[/QUOTE]

This. I have a German Shepherd. She will ALWAYS be the instigator in the eyes of many. The so-called aggressive breeds must always be on their best behavior.

My mother has an English Springer that had fear issues with larger dogs. She was able to get him over it, but it took a couple of years of careful socialization.

Don’t put your dog in a situation where she could become upset and potentially hurt someone. Get her bomb proof trained and socialized. If you must bring her, get a muzzle.

Stay home. Seriously.

Dogs will be in your space if you’re running a 5K with other dogs. It’s what happens during a race. People are going to surprise her from behind. Possibly with their dogs. Her paws are likely going to get stepped on. I wouldn’t bring anything to an event like that except the best socialized & most patient dog (a la therapy dog personality).

It’s not the other person’s fault if they run up next to you at this race and your dog attacks their dog. You should expect people to be running right next to you with their dog.

I do runs all the time and there’s no way I’m going to be reading anything while I’m sprinting. The idea of a sign is useless.

It’s your job to set your dog up for success. And you’re not setting her up for success in that situation. She might run it with you and be fine. Or she might attack another dog and be declared a dangerous dog while you’re sued for all you’re worth.

Orange leash? I’d think Clemson fan, Dutch person, or just likes orange.

Personally, I think, as others have said so well, discretion is the better part of valor, leave your dog home if you have any doubts whatsoever. You know people are idiots, in general, and you just don’t want to put your dog in that jeopardy as it could become so serious.

As always, ask a lawyer in your state. :slight_smile:

Why? Some states have an “every dog gets one bite” rule. This is what your advisers are suggesting is the rule in your state. IOW, if you say your dog can’t be trusted, you’re admitting you knew or should’ve known your dog was a danger.

But in states like mine? Doesn’t matter. Dog bites are strict liability. Which means if your dog bites somebody, you’re liable. Unless the bitee was in your fence teasing your dog without your permission, or a burglar, or some such extenuating circumstance.