Legal Question in Personal Injury in Michigan

Dog Fight

I took my dog Lexi to an open field next to my apt. to play ball off of a leash (which is customary). Returning to the apt., we encountered a dog walker & a shepard mix. The dog walker stopped so that the dog (Maggie) could smell Lexi. Maggie got aggressive and showed her teeth & attacked Lexi. I tried to pull Lexi by the collar away, but Maggie had Lexi pinned on the ground underneath her. Maggie suffered injuries on her belly while Lexi was only defending herself. The dog walker wasn't the owner, but the owner is demanding reimbursement for vet bills (present & future) & tried to get me to sign a contract promising to do so. She has gone as far as to file a complaint alleging Lexi attacked Maggie w/animal control. Now I must give my statement. Any advice? Should I pay? Should I also call animal control on Maggie?


Asked on 5/18/07, 11:09 am

3 Answers from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Dog Fight

It sounds like it was mostly the other dog's fault, and even if it was both dog's fault, you should not admit fault or sign anything promising to pay - especially future medical bills! No no.

When responding to animal control, simply explain the situation as you have above, indicating that Maggie was the true aggressor and that you tried to separate the dogs - and that your dog only took defensive action. It is likely that animal control will not pursue the complaint.

Should the owner continue to ask for payment of medical bills, please contact me and I will write a letter on your behalf.

Thanks.

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Answered on 5/18/07, 11:40 am
Regina Mullen Legal Data Services, PLC

Re: Dog Fight

Get counsel, but I strongly suggest mediating the dispute first.

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Answered on 5/19/07, 11:06 pm
William Stern William Stern, P.C.

Re: Dog Fight

Definitely don't pay. You do not want your dog labeled ferocious as animal control keeps track and it may come back to haunt you if Lexi is involved in a later incident. Tell the other owner to sue you and take it to court. The only thing that you have against you is that your dog was off the leash and it makes it appear that your dog came up to the other dog and started. However, any dog person knows that dogs on a leash can be more aggressive than off the leash so the other owner may lose because the other owner cannot sustain the burden of proof. Check to see if the other dog has been involved in other incidents. William S. Stern

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Answered on 5/20/07, 1:20 pm


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