Lutherville Timonium, MD asked in Animal / Dog Law for Maryland

Q: Neighbor brought 2 yappy dogs on my property and my dog attacked them. Who is at fault?

A Chewy delivery went to neighbor's house. Shen came over when she was walking her two yappy dogs. They started barking at me, at my dog. My dog pushed past me and went to the dogs. She can play rough. The neighbor started screaming and plopped on top of her dogs. She has complained to Animal Services. Typically she leaves her dogs teathers out front where they bark all day.

Mark:Thank you for your response. However, there are issues that you are missing. My dog was under control.

She was asleep inside of our house. The neighbor brought her dogs to deliver a message. A message that could have been relayed without her dogs, or a phone call which she did the next day. Her dogs started barking when she came to our door. They bark all the time. What is the function of a dog barking? Territory. Thank you for your response, there is information that is on point.

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1 Lawyer Answer

A: Her yappy dogs barking in her yard while tethered have nothing to do with any defense you may have to the incident. You are required as an owner to have your dog under your control (on a leash or in a fenced enclosure) at all times. You failed to have your dog under control, and it charged another person. If your dog bit one of her dogs, then the issue of provocation by her dogs may be argued, but it will not overcome the legal violation you committed by failing to have your dog under control. The fact she came onto your property to deliver a mis-delivered item addressed to you is not going to provide a defense, but maybe her decision to bring her dogs onto your property with your dog present may be something you argue contributed to what happened if she was aware your and her dogs did not get along or were not friendly with each other. However, in the end, had you had your dog under control so that it could not run loose, this incident would not have happened.

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