What is my responsibility if my dog bit another dog in the ear in self-defense?
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What is my responsibility if my dog bit another dog in the ear in self-defense?
I was walking my dog in my apartment complex and came upon another dog that I’d run into before. The other dog ended up getting in my dog’s face and barking like mad. My dog ended up biting the other dog on the ear. The owner of the bitten dog feels I should be responsible for paying the entire vet bill plus follow up care. I am willing to pay half. As far as I know, the other owner didn’t file a report or anything. What is my responsibility here and can she do anything to me legally?
Asked on October 21, 2010 under Bankruptcy Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
As far as I know, there's no "self-defense" law or defense as relates to dogs or other animals. The issue is owner negligence. If one owner was being negligent, or careless, that would typically be the one liable or responsible. For example, if your dog was leashed and the other was loose, then the owner of the loose dog, who wasn't there to control it, would more likely be responsible. Or if one dog has a history of biting others and no steps (e.g.a muzzle) were taken to stop that, that would tend to make the biter responsible. The issue depends on the facts, so there is no simple answer. If she believes that you are responsible and should pay, she could try suing you and proving, in a court of law, that on the facts you were resonsible; you could defend yourself and also potentially bring up any counterclaims (e.g. if your dog also needed care).
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