No Fault Status?

My husband was walking our two Westies on their leashes around the neighborhood. There is a yard I avoid because a woman recently (within last 2 weeks) keeps a dog named Peaches tied to a pole in her yard, with signs at the perimeter of the yard that say "invisible fence." I walk on the other side of the street. I know the dog is named Peaches because I hear the woman hollering from inside her house "Peaches" if she hears/see the dog stir. Today, my husband was strolling along and let loose on the flexi-leashes of our dogs, so they entered Peaches' yard a bit. There is not a lot of room for error. The yard is right at the sidewalk, and Peaches' leash is long enough to reach the edge of the sidewalk. Peaches grabbed my youngest Westie and shook her like she was a rabbit. He (husband) got a bite during scuffle, and so did our other dog Gracie. Husband had brief moments with Peaches owner, who said that Peaches was a rescue dog and she was so sorry etc. etc. My husband told her it was his fault for letting our dogs into their yard, and he did not see Peaches, (although he's been warned 100 x by me and with me to avoid that yard). Whisked Annie to the vet, currently sedated after being treated for 5 FIVE dog bites. X-ray to dog's shoulder to be sure it's not broken. Meanwhile, at home with me, other dog Gracie starts whining, and I notice that she has more than one surface wound. It is now 6:30 PM and husband is at the ER vet to treat Gracie. Annie was $342.00. Husband on unemployment. Me awaiting disability! No can afford these kinds of accidents. Who do you think is responsible?

What the heck is an invisible fence? I'd call your home insurance people.

Oh, an invisible fence is like an electric fence. The dog in the yard wears a radio collar. Lines of electrically charged wires are set under the ground at the perimeter of the property. The dog is trained that if it goes up to a certain area close to the wires, it will get an electric shock through the collar. It works only if the dog is trained to respond to the shock, else the dog will easily just get shocked, and run through. It's like an invisible line in the sand. I don't think this dog was properly trained to avoid the area beyond the invisible fence. My second dog still at vet 3 hours after bringing it in. It's 8:45. Ugh.

Hi Di,

As I understand it, an invisible fence is a perimeter controlling devise for dogs that is buried underground, so that it doesn't obscure the view into the yard. The animal being controlled wears a radio frequency emitting device on the collar and if they cross the fence line, the collar device shocks the dog...

Here's a link to more: invisible fence

Princess Lenora,

I am so sorry to hear of this catastrophe, but as I understand the details you have provided, I'd say the woman who owns Peaches is at fault - even though your husband told her it was his fault for allowing your dogs into her yard.

The fact that Peaches - what a sweet name for such a mean dog - was on a leash that allows her to get to the sidewalk means to me that no one who walks the sidewalk is totally safe.

The invisible fence does nothing to keep your dogs or anyone else OUT of their yard - the way a physical fence would... And your dogs didn't know the danger, it sounds like.

I think the neighbor needs to offer to pay for some or all of your medical bills. Her home owners insurance ought to cover her for that.

I am so sorry for all the trauma and expense happening right now, I know you are trying to get to Arizona to see your mother...

Praying for you!

Anne

Yes, I'm going to AZ in 7 days. We finally got our second dog out of the vet at 11PM last night. I've never seen a dog bite up close, and I'm shocked at the depth of a puncture wound. I called the police department first, and they asked if it was a dog on human bite, and I said no, so they referred me to call the Humane Society. I called the dog owners this morning, and we met for two hours. They were shocked and devastated to see that Peaches were out to kill. They asked me if Annie is going to "make it." They said they talked all night about the outcome for Peaches because now they fear, what if Annie had been a toddler? They are paying for half of the expenses. I'd like them to pay all, but after all, our dog did enter their yard to chase a bunny. The Mr. owner had carefully determined the distance from the yard to the sidewalk. I asked if he was an engineer, and he is a retired physicist. Peaches was rescued after being thrown out of a moving vehicle. They spent months getting asphalt out of her skin. Peaches is a Dalmation with reddish blond spots instead of black, which I guess is very rare. The Mrs. owner has rescued 5 Dalmations over the years, all lived out their lives with her. We did not think about the homeowners association. HOA had disapproved a regular, even short fence, thus the invisible fence. I'm sure Peaches could violate the boundary. Now, on to the total focus of healing for Annie and Grace.

I am amazed at how resilient dogs are. Here's hoping for an uneventful recovery. I'm sorry, but I don't understand having a dog tied out in anyone's yard. Here where I live, it's illegal.

Sending healing thoughts for Annie and Grace.

I'm glad the homeowners are going to going to cover half of your expenses. That seems like the least they could do... I agree, the "what if" they considered is significant.

And the thing is, without a "real" fence, I don't think anyone could BE SURE that a child didn't wander into their yard. I mean, simple things like seeing a fascinating butterfly or an odd/interesting bug could cause a child to step off the sidewalk and onto their lawn for a better look...

Thus I think the "Mr's" measurement of the distance from the yard to the sidewalk as some sort of sign of "turf violation" is a bit of a stretch. Neighbors walk on my lawn now and then, for example and I have no problem with it...

PS One more thought: The dog owners homeowner insurance should cover your medical costs and they should file with their homeowners coverage. I think you ought to get more than half of your medical damages paid.

The invisible fence will not keep anything from getting into Peaches yard. (Like a child who might step onto the grass). And the current on the electric fence is adjustable. Meaning the amount of shock that Peaches gets when she crosses the line depends on whatever setting her owners have set it at. I'm not a big fan of electric fences (I don't like the idea of shocking an animal to train it) and if that's what these people have to resort to, to have a dog where they live, then maybe they shouldn't have one, or they should move, or train the dog to live indoors and take it out for walks like others in your neighborhood must do!! You're supposed to work with the dog to determine how much of a shock it takes to get the dog to not go past the fence line. After a while, supposedly, you can reduce the amount of shock. But I've heard all kinds of stories of dogs just running right thru it and ignoring the shock, and one guy even told me his dog kinda liked it (the shock was set on minimum) and would actually sit by the line to feel the buzz!!
I'm not a lawyer, just a pet owner, and know how upset I'd be if this happened to my dog. But my thoughts go a few ways on this. Although I'd probably feel that I'd want them to pay ALL of the vet bills, part of me would be glad that they even offered to pay half. Some people wouldn't. If you try to fight it to get more you may end up with nothing only because your dogs did step into their yard. I don't know if Peaches owners homeowners insurance will cover it or not. That part might be worth checking out. But it might come down to considering whether you want to get into a legal battle over this, or settle for them paying half the bill.
If you have a homeowners association are there any rules or regulations about leaving a dog tied up outside that these people might be violating?? I don't know why people have animals only to tie them up. If I didn't have a fenced-in yard, my dogs would be in the house, or on a leash when out.
If Peaches owners are considering her future maybe they will do something about the situation so nothing similar happens to anyone else in your neighborhood.

That is a really good question about whether or not the dog is even allowed to be staked in a yard. I had not considered that. I have no doubt that Peaches could violate the invisible fence and end up in the street, or chasing a toddler. Annie went for the first follow up today, and no infection at any of the 5 wounds. I did not go with to see the unveiling of the first bandage, and replacement with second bandage. My husband said I wouldn't want to see it. Annie is picking up her toys, so that is a good sign, and Gracie is eating well. So, as Yonuh says, dogs are resilient, thank God.

PL,
Folks should not own dogs that attack. The exact thing happened to someone I know. Her rescue dog attack three times. The third time a person was accidentally bitten; my friend put her dog down. And it was a beautiful animal. But that dog could've attacked a child. It was always growling and threatening to bite strangers, and it hated other dogs, and deliberately jumped them and started fighting. The first two attacks were superficial wounds, but with each attack it got more and more aggressive. I have an inground fence. But we're in the country and have a large lot. It's just to keep our pets from getting into the road or bothering neighbors. But it doesn't mean something can't come on our land and get our animal. Sorry this happened to your dogs. Hope they heal and don't have any post-traumatic problems.
Prayes and blessings...

Lenore, I am sick for several reasons, besides for real with a terrible cold. One - no dog should be tied in the yard all the time, and I hate electric fences, they benefit lazy owners not the animal. Second, if these people have a neighborhood association and insurance it should pay ALL your expenses, if not then half by Peaches dogs owners is better than none, but get it NOW before they have time to change their minds. I hope your girls heal completely with no left over trauma.

This is for anyone who walks their small dogs.

Keep their leads attached to a harness, not a collar

so they could be jerked up and out of the reach of danger if it appears...

We use a harness for each dog. I'm not clear on the homeowner's association paying, but I will approach the dog owners later this week. Yes, we already got a check for half the expenses. I noticed that the dog has not been in the yard for the weekend. Even the rope that tethered the dog to the inground stake appears to be missing. My other neighbors have noticed it's gone too. When I call the owners to follow up on the progress of the care of my dogs, I will ask them to check with the HOA> If the dog is really gone to the farm, then the owners have nothing to lose. I hate the fact that my husband said that the woman did not come out to see what was going on (the attack) until after it was over. My husband did all the work of containing that dog, and making it release Annie from it's mouth. I learned today that when Annie was released, she fell to the ground. Chatty, I read that you were sick and going through some stuff. I hope for better days. Lynn

Chatty,
Sorry you are sick. Hope that cold eases up real quick.

PL,
I was told that Home Owners' Insurance pays for dog attacks.

Thanks Lenore, I am hoping the worst is over but still need the oxygen to keep my breathing regulated. I am just taking it easy and slow and am literally locked in my house, phone ringers turned off, so as not to have to deal with people wanting help with their problems. I have enough on my plate for now as do you I bet...Hope all goes well.

Chatty, I am certain that many many people would come to you for help because you are a wise and wonderful woman. But sometimes, enough is enough. Jabber, and others who mentioned the HOA: today I emailed the dog owners to suggest that they cover the rest of the bills. Even a follow-up visit today costs money! So, we shall see. Going to be off line for a while. Hope you all take good care!

Good luck, Princess!

I don't understand why, [if this biting dog, wasn't acquainted
with the inground fence, they left it tied outside.] They should've taken time to trained their pet; that, alone, makes
them at fault! And it's a huge mistake for anyone to keep an overly aggressive dog! IMO!

Chatty, glad you are taking steps to get yourself healed, caretakers must take care of themselves first.

PL, safe travels and my best wishes go with you on your trip. Same thoughts to you, RE: becoming a caretaker for your mother.

Anne,
I second your above posting!

there are few bad dogs, only bad owners. They need training, and need consistency in that. If a dog is overtly agressive, both dog and owner needs dedicated training to make that a non-issue. And it DOES take work. We can't disneyfy our animals, their brains work a whole nother way. Good on the pet owner that can embrace and see that, and be dedicated to their pet to make them a part of their home, and not a terror to the neighborhood, nor while walking and being agressive. Training is integral. Dogs are like kids, they need limitations and firm boundaries. Seriously!

I am in total agreement with your words Judym. I have and still work with hundreds of animals in shelters, some are deemed mean or aggressive until shown discipline and love and then they are adopted into caring homes where all live happily from then on.

You know, I think that when someone surrenders their pet(s) to a shelter that they should pay a fee for each animal. Only a handful of shelters are kill free, most shelters give the animals a week or so b/4 they euthenize. Paying a fee to surrender the pet(s) could be used to pay for food, vet services, and other fees associated with the facility. Not to mention, prolong the life of the pet with a better chance to find a home.

We charge for every animal surrendered to us; owner-released or stray. We do not euthanize any adoptable animal. I truly admire those who work directly with the animals (I'm an accounting person.) We also have trainers that work with the animals on basic obedience before they are adopted so they are more likely to have a home. The animals we take in that are sick are taken care of and put into foster homes until they are all better and ready for adoption. Every animal we adopt out is spayed or neutered, has a microchip, comes with the first vet visit free, and the new owner takes home a free bag of food. We never recoup the cost of caring for the animal, either by admission fees or adoption fees. We exist because of the generosity of the public; we receive no government money. Our community is wonderful in supporting us with donations and bequests.

If you truly want to make a difference in an animal's life, look at your local shelter to see how they are run and where their funds come from. Volunteer your time and/or money - we couldn't run our shelter without our wonderful volunteers who walk the dogs every day, work with obedience training, socializing the cats and kittens.

Sounds to me like Peaches' owners need to shorten that leash, big time or, better yet, move the pole to the BACK yard. the issue of a child possibly entering the yard is a major one. I hope Annie and Gracie recover quickly.

Carolyn