Owner not liable for dog-bite injury
Dear Attorney,
My Rottweiler can become aggressive if she feels threatened, so I am very careful to leash her when I walk her and whenever she is outside. A new neighbor recently moved in who walks the same street with his unleashed dog. This dog inevitably runs to my dog, barking and snarling, resulting in my dog trying to fight back. I have asked the neighbor repeatedly to please leash his dog because my dog may bite. He ignores me. Yesterday, his dog ran up to mine and there was a fight. The neighbor tried to break it up and was bitten by my dog. He has threatened to sue me and has demanded my dog be euthanized and I pay for his medical bills. What does the law say about this?
It is unfortunate that you were saddled with such a clueless and irresponsible dog-owning neighbor. All dogs should be leashed in public areas, including paths, roads, and parks, for the safety of dogs and people. If an unleashed dog approaches, a leashed dog will often feel trapped, terrified, and ready to defend itself. A serious dogfight could result. The significant facts in your situation regarding liability are that you acted responsibly by leashing your dog and by warning the other dog owner of your dog’s propensity for aggression when cornered.
According to New Mexico case law (our state does not have a dog-bite statute), a dog owner can be liable for injuries if the owner knows the dog to be vicious toward people. In your case, your dog was known to be dangerous only to dogs in certain circumstances. And it seems that your dog was not trying to bite your neighbor, he simply got bit in the canine crossfire.
Even if you did know, or should have known, that your dog could be dangerous to people, you still are not liable. According to the New Mexico “dog bite provocation” defense, your neighbor essentially provoked your dog by refusing to leash his dog, as it was reasonably foreseeable that his dog might be aggressive and that a fight could ensue. He should also have been aware that breaking up a dogfight is almost always dangerous to the people involved. In other words, he knowingly put himself and his dog in harm’s way. As long as you can show your dog has been vaccinated for rabies, she will not be at risk of being confined for observation.
One should keep in mind that if a dog, leashed or not, bites without provocation (say, a passing jogger), the dog owner likely will be liable for any injuries. Owners of nervous or aggressive dogs should be aware that their dogs could bite where people and dogs mix. So if you bring your dog into a store and, with no warning from you, the dog bites someone trying to pet it, you could be liable because you were reasonably aware of the risks of bringing a snappish dog into a crowded place. It is even possible to be charged with a criminal offense, from a misdemeanor to a felony, if your clear negligence or intentionality results in a serious dog bite. Extra efforts should be made to keep unpredictable dogs away from children, since it is natural for young children to be interested in dogs, but they are not always aware of the risks.
In your particular case, the law is on your side, and you can breathe a sigh of relief. Maybe this will be a lesson to your neighbor to either leash his dog or move to another state.
Ed Goodman worked for more than two decades as a trial lawyer in Massachusetts. A painter, screenwriter, and novelist, he lives in Corrales with his partner, Ennio Garcia-Miera, and their six dogs, four turkeys, four chickens, and a parrot.