Q: I was walkng my dog and he jumped on someone but I quickly pulled my dog away. Can I get sued? Can I get my dog taken?
My dog is only 2 years old and the person he jumped on threaten the sue me? Is that even possible?
A: In theory, the person can sue you for negligence in failing to control your dog and allowing it to cause injury to him. However, it is unclear what his damages would be: was he bit? Scratched? Clothes torn? Suffered severe fright from the “attack”? How severe was your dog’s interaction? Was you dog simply being playful and happy? Without suffering damages or injury, there is no viable claim against you even if you were negligent. If he files a complaint with animal control, they will only act to investigate a violation of the animal control laws: (1) allowing a dog to run off leash; (2) failure to keep dog under control; (3) vicious dog issues involving aggression, biting, etc. Even if there was a bite, unless it was part of a serious aggressive unprovoked attack, you dog will not be taken. It takes at least two biting/aggression incidents reported and cited before any consideration is given to determine whether your dog is a danger. Taking a dog away is an extreme and last resort. Your facts do not suggest this incident falls within the parameters of such an action. Hopefully you always keep your dog on a leash.
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