Q: if a person has her pitbul do his business in my planter , can she threaten me by having her dog attack me
....if I went out to tell the dog's owner to get the dog out of my planter
A: The dog owner is stricly liable if the dog bit you. If the dog tripped you or otherwise injured you, the dog owner is liable if he was negligent in the ownership and control of the dog. If the dog owner intentionally injured you with the dog, that would probably be a crime and you should call the police. Intentionally injuring someone is an act that would not be covered by homeowners or renters insurance, so that would negatively affect any potential personal injury claim against the dog owner.
A:
Under California law, it is illegal for anyone to threaten physical harm or violence against another person. If the dog owner threatens to have her dog attack you, this could be considered a criminal threat, which is a serious matter. The law protects individuals from being subjected to threats or acts of violence.
If you experience such a threat, it is advisable to report the incident to the local police. Documenting the incident, including the time, location, and any witnesses, can be crucial in such situations. It's also important to avoid any confrontation that could escalate the situation.
In addition to reporting the threat, you may also have grounds for a civil action, such as a restraining order, to prevent further threats or harassment. In these cases, the court can order the dog owner to refrain from certain behaviors, including making threats or allowing her dog to enter your property.
It's important to stay safe and handle such situations legally and through the appropriate channels. If you feel your safety is at risk, prioritize contacting law enforcement and consider consulting with an attorney to explore your legal options in response to this threat.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.