# My sister's dog attacked a Jack Russel, can the owner press charges?!!



## Aximus Prime (Dec 15, 2009)

Ok so I just got off a frantic phone call with my sister. She dog sits my APBT for me while I'm at work, she lives with my parents next door to me and they have a German Shepherd mix. 

Apparently, my sister went to the store and when she returned home noticed that the neighbor's Jack Russel Terrier was in her yard and her Shepherd Mix (and my APBT) were on the porch. 

Well apparently our dogs did not mind the Jack Russel being so close before but once they saw my sister, their protective instinct took over and our 2 dogs ran after the Jack Russel and attacked it. My sister's dog grabbed the JR and shook it violently and my APBT may have got a nip in as well and then the Jack Russel ran off back to it's house, undoubtedly pretty messed up. 

My sister put our dogs in their crates inside but apparently about an hour later animal control stopped by the house. My sister is only 17, decided not to answer the door and animal control left. 

I'm a little confused and worried about this. 

1. Our neighbor must have called animal control when their Jack Russel showed up, likely looking like it had been mauled. This is odd to me considering that the neighbor lives about 1/2 mile down the road (it's way out in the country). Not sure how they could know where their dog was attacked, especially since they let it roam and I've seen it while jogging over a mile from their house. 

2. The fact that my APBT was semi involved, although it sounds like he is not the one who inflicted the damage I'm just worried they can try to label him as "dangerous". 

3. Now the kicker here (which may be our saving grace) is that this incident happened on OUR private property. My sister and her friend both witnessed it. I guess it will depend on local laws but I can't see how we can be held responsible if our dog attacks someone's dog that is roaming and on our property when the attack occurs? Our dogs were just protecting their property. 

Anyone have any suggestions, comments?


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## aimee235 (Apr 29, 2007)

They may have been stopping bye to see if your sister knows anything about the dog and not actually know where it got hurt.

I would call a lawyer and see what the laws are and ask them questions. I would also see if a fence could be put up around the house or get a chain link kennel/run so that stray dogs cannot get to yours or your sisters.


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## performanceknls (Apr 4, 2009)

There is nothing they can do the attack happened on your property and the JRT was on your property off leash without the owners. You need to call animal control and talk to them over the phone and find out what they want. You are not at fault if a dog comes onto your property. had your dogs ran into the street them both parties are at fault because both dogs were off leash.


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## gamer (Feb 1, 2010)

I would think not I mean sounds like you live in the country if your neighbor is 1/2 mile away and if so then you could have legally shot the dog on your property.


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## Aximus Prime (Dec 15, 2009)

Thanks for the advice. For now my sister is just going to have to keep them in their crates when she leaves, even for a short time. I can see putting a fence up to keep your own dogs in but I shouldn't have to fence my property to keep other dogs out. I have a feeling that the dogs usually got along with that Jack Russel otherwise why would it have wandered up to a house with 2 large dogs?

@performanceknls: This is exactly what I'm thinking must be the case. The incident definitely happened on our private property. 

@gamer: It's definitely in the country, each homesite is 20 or 30 acres and the neighbor lives on 60 acres. I know in Texas when I lived there, it was legal to shoot stray dogs that were on your property as there were lots of roaming dogs and people's pets/livestock/kids were getting attacked in their own yards.


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## performanceknls (Apr 4, 2009)

If you do not have a fence on your property and your dogs are lose you still run the risk of something like this happening. IMO all dogs should be contained by a fence or chain set up of some kind or you are asking for trouble but again at least it happened on your property. Just make sure to call AC so it does not look like your trying to hide from them.


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## aimee235 (Apr 29, 2007)

Cause it was exploring? I don't think loose/stray animals care if there is another dog in the area. No one should have to keep stray animals out since there owners should be responsible, but it's not a perfect world. Living in the country are you worried about any wild animals coming on the property and harassing your pets while she is gone?


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## Aximus Prime (Dec 15, 2009)

aimee235 said:


> Cause it was exploring? I don't think loose/stray animals care if there is another dog in the area. No one should have to keep stray animals out since there owners should be responsible, but it's not a perfect world. Living in the country are you worried about any wild animals coming on the property and harassing your pets while she is gone?


Our dogs run loose most of the time as they have not been found to wander off, just chase a squirrel or rabbit into the woods from time to time. Wild animals that have come onto the property (Raccoon, fox, possum) have all met their maker this year by coming too close to the house and the dogs got them. I usually have my APBT in his crate when I'm gone unless my sister is home, then she lets him out for some fresh air, I exercise him when I get home from work.

We will talk to Animal Control and see what the neighbor's story is. I'm definitely going to stress to my sister that her dog and mine need to be kept in their crates or on their tie outs if she is not outside with them.


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## performanceknls (Apr 4, 2009)

Aximus Prime said:


> We will talk to Animal Control and see what the neighbor's story is. I'm definitely going to stress to my sister that her dog and mine need to be kept in their crates or on their tie outs if she is not outside with them.


That sounds like a good idea and let us know what animal control says, good luck


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## Firehazard (Dec 4, 2009)

performanceknls said:


> If you do not have a fence on your property and your dogs are lose you still run the risk of something like this happening. IMO all dogs should be contained by a fence or chain set up of some kind or you are asking for trouble but again at least it happened on your property. Just make sure to call AC so it does not look like your trying to hide from them.


:goodpost:

I live in the country I have neighbors 3-5 acres away in all directions, my dogs run loose, I HAVE TO STILL BE THE ONE TO BE RESPONCIBLE, one neighbor rescues every dog that gets black carded at the Humane Society, the other neighbors lets his Rott/bullmastiff mix come over and crap in our yard, He knows I have game dogs and we have had several discussion regarding whos accountable for what. WITH THESE DOGS its best to do as PK stated, however in IDAHO. If SOMEONES dog in on YOUR PROPERTY you have the right to shoot the dog if its aggressive, and although I know I am in the right away, the PUBLIC has PIT BULL hysteria, so I INSIST on being the more ACCOUNTABLE dog owner. MIND YOU any country dog with fight with another dog on its terf, esspecially when it feels protective, thats why we let our country dog roam. STill I holar at my dogs about 20 times aday to make sure they don't get any ideas like running off, which they do go down to the river on occasion and I always,, ALWAYS worry they are gonna rip someones lab or heeler a new one as they roam, so begging the question; listen to PK.

Legality wise, YOU SHOULD BE IN THE RIGHT OF WAY.. .DO NOT have a BEWARE OF DOG SIGN,, that is knowing harboring a vicious animal, have a no trespassing sign, and keep out signs, enter at your own risk signs, but NO beware of dog signs. She was in the right of way but IF this happens again YOU must report it to ACO FIRST, dog at large on your property, JRT will bite your a$$ so call it in. Stray showed up, got ruffed up, but is okay enough to run off, Sheriff Dep ACO are different than City ACOs, country laws may very depending on your state, so search your states and county legislation, should be available online. I moved to Idaho so I don't have to worry as much, and I still won't let my dogs get into confrontations with the neighbors dogs, because my dog eat coyotes, coyote crosses and feral dogs, they need to know the difference.


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## Aximus Prime (Dec 15, 2009)

Update: So Animal Control left a note on the door that we have to call them back within 24 hours about a reported incident or they may issue a court summons. I'm thinking it must have been Sheriff Dep AC as Firehazard posted. Apparently the neighbor left a voicemail to the effect of: "Our JRT was mauled, had to have stitches at Vet, we want to know more about this "Pit Bull" looking dog we've seen at your house".

How did I guess that they would try to point this at my APBT! I talked to my sister again about it and she's pretty sure my APBT didn't actually bite the JRT, her dog did all the damage to it. My APBT was just right there when it happened and when my sister ran for her dog to pull it off the JRT, my APBT got in close and she had to pull him back as well. All of this could have been avoided if their little rat wasn't roaming free. If my dog went to a neighbors house 1/2 mile from home and got mauled by a larger dog I would certainly not try to point the finger at the neighbor since I'd be at fault in that situation. These neighbors are kinda strange people though. Very uptight, never wave when we pass them on the road kind of thing. 

Will update as soon as I can.


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## performanceknls (Apr 4, 2009)

with that said you need to call animal control back and call the owners of the dog back. get witness statements and call the dog's owners and tell them their dog came onto the property and was attacked by the GSD on your property. Explain Nicole to them you are not responsible for a stray dog getting hurt on your property and ignore any info about the APBT just say she was not involved. Make sure animal control knows the dog was lose on your property and your sister was home and the JRT came over and started the problem. You should be good to go but the longer you wait to handle th worse it will be and look bad. Since your sister is a minor you should call AC and do the talking.


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## Xiahko (Feb 24, 2010)

My dog just killed my neighbors puppy not long ago. I was worried about the same thing.
However,there really isn't anything they can do. In your case,the dog was on your property,and was not on a leash. If they let this dog wander,it's just asking for it. maybe this will be a lesson to them,and they'll keep a better eye out on their dog, from now on.


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## Aximus Prime (Dec 15, 2009)

performanceknls said:


> with that said you need to call animal control back and call the owners of the dog back. get witness statements and call the dog's owners and tell them their dog came onto the property and was attacked by the GSD on your property. Explain Nicole to them you are not responsible for a stray dog getting hurt on your property and ignore any info about the APBT just say she was not involved. Make sure animal control knows the dog was lose on your property and your sister was home and the JRT came over and started the problem. You should be good to go but the longer you wait to handle th worse it will be and look bad. Since your sister is a minor you should call AC and do the talking.


What is a "GSD"? Sorry.

Our father is going to call them as he is (legally) the owner of my sister's dog who was involved in the attack. My APBT was not involved and I'm going to make sure that is made clear to them.

No matter what the outcome here it means I'm going to have to be more responsible and prevent the chance of my APBT ever making it to the neighbors property because I know if they see him off our property they will call animal control. The very fact that they brought up the "Pit Bull" line to animal control tells me that they buy into the media hype against the APBT and would love to use it against my family if they can.


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## Indigo Bully Connection (Dec 21, 2006)

GSD is the abreiviation for German Shepard Dog.


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## MISSAPBT (May 10, 2009)

Over here in NZ, my friends pit attacked a jack russell, it lived, and the pit got PTS straight away, on Sunday a Rotweiller bit a ladys lip off but they said it wasnt the dogs fault and hes still alive.
MAKES ME SO MAD!


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## Xiahko (Feb 24, 2010)

When my neighbors called the Apt. manager, the first thing she did was defend Bruno.
But the neighbors were nice enough people to not accuse him,cause of his breed,even though he was there at the time,he didn't do any of the attacking, it was all my pug mix.

I'm glad I have the Apt. manager and pretty much everyone else here on my side,if anyone was to even accuse Bruno of doing anything.

I am being so careful with him. I have trained him now,after this incident,that he HAS to sit and wait BEHIND me,so I can open the door and make sure the hallway is cleared,before he can come out and walk with me.

I should have been doing this before. They were trained to sit and wait,but they would do it right by the door,now I make him sit a good distance back.

i wont loose another dog to an accident.


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## performanceknls (Apr 4, 2009)

Your dog is on leash when you go to the hall right? That is the most important part, the leash is the life line!


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## noodlesgranny (May 31, 2010)

Aximus Prime said:


> Update: "Our JRT was mauled, had to have stitches at Vet, we want to know more about this "Pit Bull" looking dog we've seen at your house".


It's easy to point the finger at the pit because of all the negative press. They probably think if they say it was a pit that did the damage that it will make it easier to get the bills paid for. If you end up in court over it you can bet that they are going to swear it had to have been the pit. Never mind that their dog was wandering loose and there was another dog there also. But of course everyone has blinders on, they can only see the pit. Good luck in getting this resolved. We will have our fingers crossed for you and your pit.:woof::woof::woof:


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## Aximus Prime (Dec 15, 2009)

noodlesgranny said:


> It's easy to point the finger at the pit because of all the negative press. They probably think if they say it was a pit that did the damage that it will make it easier to get the bills paid for. If you end up in court over it you can bet that they are going to swear it had to have been the pit. Never mind that their dog was wandering loose and there was another dog there also. But of course everyone has blinders on, they can only see the pit. Good luck in getting this resolved. We will have our fingers crossed for you and your pit.:woof::woof::woof:


Well. Considering that my sister and her friend (who is of legal age) both witnessed the attack and that it was not my APBT I doubt there is any fear of them attempting a law suit, especially since their dog was the one wandering onto private property. Fingers crossed for now.


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## Firehazard (Dec 4, 2009)

Those californicators need to go back to town.. I can't stand tenderfeet and bleeding hearts, they move to the country because its open and free, then they gripe and moan trying to change countryfied county laws... BAH.. FOR SURE.. Do as instructed above, take the initiative, leave the APBT out of conversation other than she had to grab him so he didn't grab the lil' dog too.. MOST PEOPLE don't KNOW, GSD attack and kill more children every year than any other breed, I hate it when biggots automatically point at the APBT as the problem dog, really hmm... I have a similar situation with the neighbor with the mastiff mix, He all threatend my dogs better not ever hurt his dog, although he chases my kids off OUR OWN POND and I said as long as his dog was on his side of the road he wouldn't have to worry about it, but IF THERE IS ANY DOG that is loose on our 10 acres the dogs handle it, we have goats, ducks, and so on, I said your dog may run over but he will be limping back, if he comes back... FUNNY because my neighbors don't understand how I keep my dogs from leaving our property and give me props on my dogs obedience but are still full of "what if" threats.. Follow up, take pictures, have witnesses available all that stuff Lisa was saying, thats what you need to do, ASAP.. Call the dog in as a nuisance, and report it everytime it gets out on your land, REMEMBER ACO and PO only show if someone calls and reports. Dog owners like them are like people who try to get rearended to collect insurance money, at least IMO. Stupid Ignorant looking for a payout for THEIR own ignorance... PEOPLE, ya gotta love em.


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## Firehazard (Dec 4, 2009)

performanceknls said:


> Your dog is on leash when you go to the hall right? That is the most important part, the leash is the life line!


Indeed, my house dog drags a leash around just incase one of my kids needs to grab her at the door, LOL... I like that, the lifeline


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## Xiahko (Feb 24, 2010)

My pit was on a leash yes,my other dog was not,cause she was in the house and the door was closed,but since the doors here open with even the slightest touch(and I hadn't been able to lock it yet),she managed to get out before I could do anything.

So no,she wasn't on a leash,but neither were the pups.

My Apt. manager has also said,that she talked to these people before,about having such young pups wander around outside their Apt.
They're still so young and small, and should NOT be walking out with mom. It's asking for trouble.


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## duckyp0o77 (Dec 5, 2008)

Aximus Prime said:


> Update: So Animal Control left a note on the door that we have to call them back within 24 hours about a reported incident or they may issue a court summons. I'm thinking it must have been Sheriff Dep AC as Firehazard posted. Apparently the neighbor left a voicemail to the effect of: "Our JRT was mauled, had to have stitches at Vet, we want to know more about this "Pit Bull" looking dog we've seen at your house".
> 
> How did I guess that they would try to point this at my APBT! I talked to my sister again about it and she's pretty sure my APBT didn't actually bite the JRT, her dog did all the damage to it. My APBT was just right there when it happened and when my sister ran for her dog to pull it off the JRT, my APBT got in close and she had to pull him back as well. All of this could have been avoided if their little rat wasn't roaming free. If my dog went to a neighbors house 1/2 mile from home and got mauled by a larger dog I would certainly not try to point the finger at the neighbor since I'd be at fault in that situation. These neighbors are kinda strange people though. Very uptight, never wave when we pass them on the road kind of thing.
> 
> Will update as soon as I can.


wow.. my neighbors were cool when i told them i found their cats shredded to peices in my fenced in back yard. what cld they do? the cats were @ large. i cnt believe yall are going thru this. fence or no fence.


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## coppermare (Jun 25, 2010)

Same here, it's a given law that if your dog roams onto someone elses property it's fair game for whatever may happen to it. Most people here are nice and will come knock on the door and let you know one warning first. It goes something like "keep your dog at home or else"......If it's harmed a cow, horse, or whatever they just simply put a bullet in it right then and there. Is the animal officers aware the dog was on your property? Then again I don't have ANY faith in those people. They have almost become judge and jury and it's scarey the power they think they have.


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## Aximus Prime (Dec 15, 2009)

coppermare said:


> Same here, it's a given law that if your dog roams onto someone elses property it's fair game for whatever may happen to it. Most people here are nice and will come knock on the door and let you know one warning first. It goes something like "keep your dog at home or else"......If it's harmed a cow, horse, or whatever they just simply put a bullet in it right then and there. Is the animal officers aware the dog was on your property? Then again I don't have ANY faith in those people. They have almost become judge and jury and it's scarey the power they think they have.


Well considering that these neighbors are retired NYC area transplants and this is probably the first place in the country they have lived in, it doesn't surprise me. They brought big city BS to the country and NYC BS at that! :hammer:

They did call my parent's house and leave a message but then proceeded to call animal control less than 20 min later?! Come on. Did they really expect the owner of the house to be home in the middle of the day? They may be retired and living off wall street money but the rest of the world has to work! :rain:

I'm half tempted to file a complaint myself on them for letting their JRT run free.

I'm not worry about repurcusion against my APBT at this point but the fact is that I have to keep a close eye on him so he doesn't ever leave the property or these Ahole neighbors will probably call in a complaint on him, just because he's a "Pit"


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## coppermare (Jun 25, 2010)

Yep, repercusions in animal fights is not something you ever, ever want to begin!! Trust me, BTDT


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