LD1
Epic Contributor
As I stated earlier, I need more detail before I can make an argument either way. Cause the facts are incomplete. I see this happening one of two ways...try to get a visual...
Scenario 1:
Neighbor starts walking over casually, saying something like "hey hows it going im the new neighbor...."
OP tells the lady to stop and starts calling the dog. Dog fails to listen. LAdy continues to approach saying something lile "dont worry, dogs dont bother me." OP still trying to call dog back, and in that moment lady gets bit.
In that case, while the lady was stupid for not listening, so was the dog. And I think a lawsuit could easily be won for not controlling the dog.
Scenario 2: Starts off the same, but OP doesnt try to call dog back. Only focuses on the neighbor and insists she stop. She fails to head the warning and paid the consequences.
Now in this case, Sure, a lawsuit could be won. Any possible outcome would be the same I think regardless of what scenario. But there is a vast difference in the 2 scenario on the perception of the dog. Everyone jumping right to "get rid of the dog" or "I'd never have a dog that is aggressive" etc. Those arguments just dont hold weight with me if scenario 2 was the case. The dogs master gave a stranger (aggressor in the dogs eye) a command to stop. She continued to approach. The dog did what it was supposed to IMO.
While there is no doubt in my mind, that in this sue-happy frivolous lawsuit society, that the OP would loose if sued. I still think it is wrong. Just from a plain common sense standpoint. She was told not to trespass and did. And got bit on the OP's property. IMO, totally her fault. IF you go to the zoo and climb in the pen with the wolves and get bit, is it the zoo's fault even though there are signs and warnings telling you not to?
Reminds me of the one where a burglar broke into someone's house, cut themselves on a kitchen knife or something, and sued the homeowner and won.
Again, its the sue-happy society we live in, where everyone is looking for a quick payday.
Scenario 1:
Neighbor starts walking over casually, saying something like "hey hows it going im the new neighbor...."
OP tells the lady to stop and starts calling the dog. Dog fails to listen. LAdy continues to approach saying something lile "dont worry, dogs dont bother me." OP still trying to call dog back, and in that moment lady gets bit.
In that case, while the lady was stupid for not listening, so was the dog. And I think a lawsuit could easily be won for not controlling the dog.
Scenario 2: Starts off the same, but OP doesnt try to call dog back. Only focuses on the neighbor and insists she stop. She fails to head the warning and paid the consequences.
Now in this case, Sure, a lawsuit could be won. Any possible outcome would be the same I think regardless of what scenario. But there is a vast difference in the 2 scenario on the perception of the dog. Everyone jumping right to "get rid of the dog" or "I'd never have a dog that is aggressive" etc. Those arguments just dont hold weight with me if scenario 2 was the case. The dogs master gave a stranger (aggressor in the dogs eye) a command to stop. She continued to approach. The dog did what it was supposed to IMO.
While there is no doubt in my mind, that in this sue-happy frivolous lawsuit society, that the OP would loose if sued. I still think it is wrong. Just from a plain common sense standpoint. She was told not to trespass and did. And got bit on the OP's property. IMO, totally her fault. IF you go to the zoo and climb in the pen with the wolves and get bit, is it the zoo's fault even though there are signs and warnings telling you not to?
Reminds me of the one where a burglar broke into someone's house, cut themselves on a kitchen knife or something, and sued the homeowner and won.
Again, its the sue-happy society we live in, where everyone is looking for a quick payday.