Can they back the claim of a puppy hurting a full-grown pit bull in civil court without hard documentation or are they just fishing and bluffing t

Question

My girlfriend’s six-month, 30lbs old rescue puppy ran out of the yard and across the street while being taken out to greet two dogs being walked.  The two dogs were full-grown Pit Bulls; both muzzled.  Once the puppy got close, it was immediately startled and scared by the larger dogs and began to cower.  The two kids walking the dogs had to drag the dogs away and apologized for their vicious behaviour.  Now, the owner left a note on her door claiming our puppy injured the eye, face of his dog, and ruined the dog’s collar.  They are threatening to take my girlfriend to court.  This happened around 11am and they left the note around three or four.

Douglas Johnson · Answer

Ignore those neighbors.  If that doesn't work ring their doorbell and run away.

Andrew Velonis · Answer

If she has homeowner's or renter's insurance, she should report this to them.  Other than that, lay low.  Don't contact the dog's owner.  If they take her to small claims court, she will have her say there.

Jeffrey Lapin · Answer

I have no idea whether the owners of the Pit Bulls have a valid claim against your girlfriend or are "fishing and bluffing." It depends on what really happened. Presumably, the kids walking the Pit Bulls are willing to testify that your girlfriend's dog attacked one of the Pit Bulls. Your girlfriend's evidence supporting the fact that her puppy did not touch the Pit Bull would be from whoever it was that witnessed what happened and retrieved the puppy. The size of the dogs would play a role but would not necessarily be determinative of what actually occurred.  If your girlfriend is sued then a judge or jury would have to determine who to believe and whether your girlfriend's puppy did indeed injure the Pit Bull and ruin its collar.

Jared Altman · Answer

If there's a court proceeding it will have to be defended.

James Osak · Answer

You MIGHT have to pay for the medical costs . . . after all it was YOUR puppy that ran out . . . you have to keep your dog under control . . . so YES you could pay.

Michael Heilmann · Answer

Anyone who files a filing fee can file a suit. They might not win. But you need to answer.

Mark Smith · Answer

Let them take her to court see if they can prove it her word against   theirs.

Melvin Franke · Answer

Any body can sue anybody at any time.  All it takes is a fool and a filing fee.  The question is:  "Is there proof?"  If not they lose.

Ronald A. Steinberg · Answer

Turn it over to your girl friend's home owners insurance company.  They can collect for anything that they can prove.  That is, if they can prove that the "puppy" initiated the attack, they win.  The "puppy" was out without a leash, and that is a violation of most local ordinances.  The attack, if unprovoked, makes her liable.

Thomas Bulman · Answer

A 30# puppy?  Just ignore them.  If they sue, they will win unless a jury doesn't like them.  A judge would rule you let your dog run out so you are responsible for any damage.   If you have homeowner's or renter's insurance, call you insurer and let them know what is going on in case you need a defense or are ordered to pay damages.

Yvonne Griffin · Answer

They may be bluffing.  They may not be.  If they take you to court, they will have to prove their case with eyewitness testimony.  The mere fact that the owner (who was not there) says it is so is not enough when you are disputing the facts.

Paul Whitfield · Answer

If your dog is not vicious and has no reputation for attacking other animals I don't think you have anything to worry about. 
e valid.

David Stoddard · Answer

Many cases are won or lost based on witness testimony.  If the dog walkers testify that this happened, this is evidence (there really is no distinction between "hard" evidence or documentation and other evidence).  Additionally, they may have photographs of an injury or even a vet statement.  If there was an eyewitness who contradicts their story, this would also be evidence. Nonetheless, they may be bluffing.  If your girlfriend believe her dog did no harm, I would not pay any demand.  If she has homeowners insurance, inquire as to whether the incident is covered by insurance.  If so, let them defend the claim.  If they sue in small claims court without and attorney. And there is no insurance coverage, go to small claims with any witnesses and tell your side of the story.

William Spern · Answer

If they were muzzled, how did your dog get in to cause harm. Something is very fishy here and I suspect I'm hearing once side of the story.

James Kelaher · Answer

Anybody can sue anybody but I doubt a small claims court judge will find in favor of the owner of PIT BULLS which are known to be a vicious breed, and against the owner of a 30 pound puppy. Heck, I'd cower like the puppy did if I was faced with two pit bulls, even if they were muzzled.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

Can they back the claim of a puppy hurting a full-grown pit bull in civil court without hard documentation or are they just fishing and bluffing t

15 ANSWERS

Find Local Personal Injury Lawyers

Helpful Resources

Ask a Lawyer