Legal Question in Civil Rights Law in California

We have a situation where we have a pitbull that has a chip in his ear because he kill a dog while under ownership of a previous owner! I believe that it is less than 36 months since that happened. About a week ago I had him on a leash in front of our house and our neighbor's dog came on to our front yard and provoked our dog to snap(brake)the leash and chased the dog onto their yard and bit the neighbor's dog on the tail. We have paid the vet. bill(776.00$+). I have a wooden fence and a cyclone fence between the two yards in the back. I have also put a tarp along the whole length of the back fence to prevent future fence fighting! We also showed the owners of the dog that got bit the current rabies shot records for our dog and we also have the paid in full vet.bill!

My question is the owner of the house where our neighbors live called animal control and I believe he is trying to have our dog put down! What actions do we have to do to keep our dog alive?


Asked on 9/01/14, 9:15 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

What actions do we have to do to keep our dog alive?

Retroactively, you should have prevented this incident by keeping the dog locked in the back yard, because it showed the dog is uncontrollable and dangerous outside your back yard. His prior 'killing' if known by authorities, is now grounds added to this incident sufficient to authorize putting him down. Also, FYI, the neighbor would have been justified in killing the dog during this attack. Most people would do so if they had the capability at the time.

Your argument now is that you have taken ALL steps necessary to insure he can never again leave the back yard. But, I wouldn't bet on the outcome with his history.

Also, no disrespect intended, but why would you want to keep him alive? The high risk of him seriously injuring other animals, or children and adults if he gets out, is not something to take lightly. You are now formal 'legal notice' that he is dangerous, and would be strictly liable in another incident, no excuses accepted. Personally, I like dogs, have hunting dogs, but if one of mine behaved this way I would immediately put him down myself without a second thought.

I suggest you consult with local counsel if you can find someone experienced in defense of this pending "administrative" action. Contact your local bar association for referral if they have one to give.

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Answered on 9/02/14, 9:58 am


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