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seems like a human seeing an aggressive dog would probably get away from said dog, or use rake as weapon.

The 76-yr old lady who died last week was in her yard trying to get to her house. She might disagree with you, were she still alive to do so. Of course, she didn't see one aggressive dog, there was apparently a pack of six or so.
... I still think you're at fault for not being sure their dogs weren't outside before you let yours out.

Does this mean that you think that the owner of the aggressive dog was not at fault?
@panix2.panix.com:
We talked to the neighbors today. It went well. We've struck a deal.

Outstanding.

Ditto that.
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.

My new next-door neighbor apologized to me for calling Animal Control. I admit, I was surprised when the AC van rolled up in front of the house, and a little concerned that somehow the dogs had done something unforgivable unbeknownst to me. So I was relieved to learn that there was a cat stuck in one of my trees on the property line, and nothing to do with me or mine.

I knew before even seeing the cat that it wasn't mine. Rhia is fourteen, fat, declawed in front, and thinks fresh air is for peasants. She'd no more climb a tree than hunt her own food.
The cat that was stuck, Buddy, was eventually coaxed down by his owner, but not before an impromptu block party erupted. If you want to meet your neighbors, stand on the sidewalk and look skyward .
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?

Sorry if I respond twice. I'm having connection issues and don't know if my earlier post went out.
Orson's doing much better, thanks. The wounds are still juicing, but I'm told that's normal. Visible swelling is almost gone, he's not limping much anymore, and he's clearly feeling more himself. Which will make it harder to keep him from all exercise until Saturday. He's also fat! He gained 3 pounds before I realized I needed to cut back on his food because of his inactivity.
He can't use elizabethan collars (can't see their edges so can't manuever while wearing). So he's wearing baseball shirts to cover his stitches. The entertainment factor from his clothed appearance was unexpected. My husband is from Pittsburgh, and if the Steelers were doing better this season, Orson might now be sporting a hand-drawn Steelers logo on the back of his yellow baseball shirt.

Cate
But......Cate started this whole thread about how much she should ... you said the neighbors were 100% legally and morally responsible.

i'm pretty sure i said nothing about Cate taking her neighbors to court or about her collecting damages. Cate asked for opinions on how much she should ask her neighbors to pay for Orson's vet bills, which is a whole 'nother matter.

No, the vet bills are the damages. You didn't mention going to court, but when you say 100% legally responsible, it does beg the question about what would happen if the courts were involved. So, Sally says that "contributory negligence" doesn't come into play in this type of case. Fine. But it does in some cases, even though it surprised me when I first heard about it, so I do think the possibility was worth bringing up.
Bizby
No, the vet bills are the damages.

damages are something that is awarded by a court, and has nothing to do with a solution that is worked out in private.
You didn't mention going to court, but when you say 100% legally responsible,

yes. 100% legally responsible. they broke the law, so any consequences are entirely their fault.
it does beg the question about what would happen if the courts were involved.

it sounds to me like the dog would be put down, and the neighbors would be held responsible for the vet bills all of them.
So, Sally says that "contributory negligence" doesn't come into play in this type of case. Fine. But it does in some cases, even though it surprised me when I first heard about it, so I do think the possibility was worth bringing up.

that you brought it up at all is baffling to me.
i cannot wrap my mind around how you can think that a person who is legally using their own property might be at fault when another party trespasses on that property and damages a portion of it. heck, i can't even fathom how, even if both dogs were leashed and it happened in public, Cate could be held in any part responsible.

shelly
http://www.cat-sidh.net
http://cat-sidh.blogspot.com /
We talked to the neighbors today. It went well. We've struck a deal. They will reimburse us for half the ... dogs as a result of that. They think their other dog isn't aggressive because he's "never hadthe taste of blood.")

Cate>>

That's great news. I'm glad the issues been resolved. Give Orson a gentle hug from me.
Alison
I've neighbours on both side and at the back. I paid for fencing on all sides to stop my pets from escaping for their own safety. The front is fenced as well. Fortunately the gardens are dinky otherwise it would have been very expensive.
Alison
seems like a human seeing an aggressive dog would probably get away from said dog, or use rake as weapon.

The 76-yr old lady who died last week was in her yard trying to get to her house. She might ... to do so. Of course, she didn't see one aggressive dog, there was apparently a pack of six or so.

um, yeah, that's kind of a different story. that really sucks. were these feral dogs? or local dogs who had packed up? i hate to see stories like this! i can't imagine what weapon you could use to get six dogs off you. maybe scare them off with a shotgun or something.
-kelly
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