Sometimes, even the most responsible pet owners find themselves in tough situations. In a post on r/ApartmentLiving, Reddit user Medium-Audience5078 shared how an elderly neighbor wandered into her home while she stepped out for a moment to take out the trash. As the security camera footage revealed, the lady sat on the sofa, confused the woman’s dog for her own, and got bit. Though the injury was minor and the Redditor apologized, the lady’s son is demanding she cover the medical bills and other expenses.
This woman stepped outside just for a few minutes, but when she came back to her house she found out that her dog had bitten her neighbor
Image credits: Manel Vazquez/Unsplash (not the actual photo)
However, the animal was inside when she left
Image credits: shotprime/Envato (not the actual photo)
Image credits: Medium-Audience5078
In many places, determining if it’s the victim or the owner who’s responsible for a dog bite depends on whether or not the animal was provoked
According to a survey by FindLaw, the most common neighbor conflicts are about:
- Noise (48% of all disputes). Whether it be from raucous late-night parties or maybe different sleep schedules that result in one neighbor waking up the other, noise is the number one way to annoy people living around you.
- Pets and animals (29%). Pets and animals can be tricky to deal with directly, since it is the animal that is causing the problem and not the owner. However, at times the issue stems from the owner’s failure to properly handle or train their animal.
- Children’s behavior (21%). Much like pets, children being loud or even running onto your property can be the result of their parents — i.e., your adult neighbors — not properly looking after them. Local laws may even hold the kids’ parents liable for damages.
- A visual nuisance, the property’s appearance, trash, etc. (18%). Many eyesores, such as unkempt lawns, offensive signs, or overflowing trash cans can also lead to infighting within neighborhoods.
- Property boundaries (17%). In these types of disputes, neighbors often are mistaken about where their property begins and ends.
While pet-related issues are quite frequent, this particular one is different. It’s difficult to refute that the dog was simply reacting to an unexpected intruder.
Image credits: Konrad Koller/Unsplash (not the actual photo)
The experts at Hernandez Law Group say that determining who’s at fault for a dog bite – the victim or the owner of the animal – depends on whether or not the victim provoked the dog.
“By law, provocation is any action from an individual that elicits a radical change in the dog’s behavior. This principle determines who is at fault when a victim seeks compensation for medical expenses and damages after a bite,” they explain.
In Texas, for example, it is known as the “one bite rule.”
“This rule states that an owner will be held liable for damages caused by an animal known to be dangerous or that has the potential to be dangerous. However, if the animal has no record of being aggressive, the defendant must prove that the animal was aggressive before they can gain compensation for their injuries,” the legal experts say.
Examples of provoking behavior include:
- Hitting the dog;
- Trapping the dog in a small space;
- Startling the dog;
- Stepping on its tail;
- Pulling on its tail, ears, legs, or fur.
It sounds like an unannounced “visit” such as the one described in the Reddit post could definitely be considered a provocation.
As her story went viral, the woman provided more information in the comments
People have had a lot of reactions to the whole ordeal
Eventually, the woman got in touch with a lawyer, and her worries disappeared after learning she wasn’t liable
Image credits: Medium-Audience5078
Woman Refuses To Pay $3,000 After Her Dog Bit A Neighbor Who Broke Into Her House Bored Panda
