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I wasn't asking whether or not the dog would be destroyed. I was talking damages. shelly seems certain that Cate would collect 100% if she sued. That's the part I wasn't sure about.

Because of the vicious dog law, I believe she would. The leash law is that your dog must be secured by a leash or otherwise. That leaves open to interpretation, but as long as the dog doesn't leave your property, he doesn't need to be leashed. Quite obviously, the neighbor dog(s) left their property.

Janet B
www.bestfriendsdogobedience.com
no, she didn't. Cate (with Orson) is the OP, not ... you cannot grant someone permission to do something that's illegal.

No, but you might lose the right to collect from them if they did. Cate knew there was a dog-aggressive ... 50-50, but there is a very good chance that they would decide that the neighbor was not 100% legally responsible.

That might be the case if Orson were attacked on the property line. Fact is, he was attacked in his yard, while minding/doing his own business. The other dog came into Cate's yard and attacked her dog. There was no agreement, arrangement, or anything else wherein Cate said, or implied, that it was fine for the neighbors' dogs to tromp around on her property.
Besides which, several people who live in Cate's city have stated what would happen if Cate called AC tomorrow, let alone sued.

Mustang Sally
i disagree. IANAL, but believe it or not, all of ... does not mean the argument would have any legal weight.

I don't know enough about the law to say authoritatively one way or the other. What I was basing my ... pedestrian was not wearing his glasses was taken into consideration as to how much of what happened was his fault.

That's called comparative negligence, or contributory negligence, depending on jurisdiction. It applies in situations such as automobile accidents. It does not apply in situations such as Cate's.
So it is my perception that the law does indeed take into account mitigating factors that could indicate that the victim was partly responsible.

The victim in this case was a dog. The law does not assign degrees of negligence to a dog.
What counts as a mitigating factor, I don't know. I'm sure the law varies around the country (and no nothing ... to interpretation by a jury. And of course, this applies only to civil court and damage awards, not criminal court.

Bizby, you have no idea what you're talking about. Contributory negligence has absolutely nothing to do with this situation.
So, I have to ask. Do you have the legal background to say for a certainty that none of those factors would come into play in court where Cate lives?

Yes, I do. Thanks for asking.
Mustang Sally
it just seems like it would be an unfair request ... Cate to not bother, if they share an unfenced border.

the leash is irrelevant. both parties need to keep their dogs safely contained. Cate is able to do so with voice control. the neighbors obviously need something a little more concrete, like a physical fence or a leash.

this i'll agree with.
We talked to the neighbors today. It went well. We've struck a deal.

They will reimburse us for half the vet bills. They had a good attitude, and we could've easily gotten 100%, but I felt it important to make it clear that I would pay 50% in order that they could afford the fence that much sooner. They feel they are 100% in the wrong. (They think their dog was made aggressive due to nurture, not nature. They think she "has a taste for blood" because she was the victim of an attack once, and has since attacked other dogs as a result of that. They think their other dog isn't aggressive because he's "never had the taste of blood.")
They've promised their dogs will be leashed for every pee break from now until the day their fence is installed. They are to get back to me on a date for that, knowing that I want it asap. They want it too. She is newly pregnant and said that soon she won't be "dealing with" the dogs. There was vague talk of being scared to deal with the dogs "if they're being bad" while she's pregnant.
I told them I struggled over calling AC, but that I would never have done so without telling them first. They thought I might've called already, and they've been terrified because of that. I talked about Baltimore's vicious dog laws. They suspected, but did not know, that if I had called AC, their dog would be dead today.
I brought up the fact that lots of dogs walk within feet of their yard, and that this could happen again but with someone not concerned about a future realationship with them. I said to them that because we live so close, we each have the need to be good neighbors and to have good neighbors. I feel we are each making a ~$700 deposit on that relationship.
Once their fence is in, this will have been resolved to my satisfaction. Thanks to all of you for your opinions; it helped me shape my side of the conversation today.
Cate
in thread "Cate" (Email Removed) whittled the following words:
We talked to the neighbors today. It went well. We've struck a deal. They will reimburse us for half the ... satisfaction. Thanks to all of you for your opinions; it helped me shape my side of the conversation today. Cate

Most people around here, if it's agreed that a boundary fence is needed, share in the cost of that boundary fence.
Good fences, make good neighbors. -Robert Frost
We talked to the neighbors today. It went well. We've struck a deal.

Outstanding.
In the past when neighbor dog issues have come up here I've been surprised by the number of people who've said that they're afraid to talk to their neighbors. That's surprised me quite a bit. I was brought up to try to work things out before calling in The Man, and my experience with this sort of things has been that people tend to be either reasonable to start with or afraid that you're going to call in The Man. The incorrigible *** really is a pretty rare thing.

Melinda Shore - Software longa, hardware brevis - (Email Removed)

Don't think you are going to conceal faults by concealing evidence that they ever existed. Dwight D Eisenhower
We talked to the neighbors today. It went well. We've struck a deal. They will reimburse us for half the ... my satisfaction. Thanks to all of you for your opinions; it helped me shape my side of the conversation today.

Sounds like an excellent outcome. It's promising that they realize they were entirely at fault and that they're taking steps to control their dogs until the fence is up. How's Orson doing?

Mustang Sally
We talked to the neighbors today. It went well. We've struck a deal.

Good for you for being forthright (and that it worked!).

Matt. Rocky's a Dog.
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