Very upset - my dog accused of biting an elderly man

[ny biker]

I guess I'm the only one who feels bad for the old man. He was just walking in his home, not bothering anyone, and suddenly he's bleeding. He probably feels pretty vulnerable anytime he goes out, because of the way he walks. And if that scratch becomes infected, it could be a serious problem for an elderly person.

Since there was a delay in his calling animal control, it's quite possible that it was someone else's idea, like maybe an adult child or other caretaker. Maybe they were trying to document what happened through official channels, in case it becomes more serious.

You tried to control your dog. But a person was injured. That doesn't mean he deserves to be called names by people who don't know him or his situation.

[Crankin]

It doesn't sound like he was "bleeding," you know, profusely or anything, if all he had was a scratch, not a bite. It's unfortunate this happened, but in the end, this situation is causing Emily more trouble than the man.
I know nothing about dogs or animal behavior and generally don't care that much for any animals. But, I know that Emily is a responsible owner and must be really upset.

[Dogmama]

Couple of things -

Does your dog have a CGC (Canine Good Citizen)? If not, look it up & see about getting one. A dog that passed the CGC is more likely to be looked upon kindly. I know that pit bull owners often get CGC's to protect their dogs against the county.

I would be concerned about a "dog bite" being on record. The animal control officer said, verbally, that it appeared to be a scratch but did he write that is was a bite? I'd get in touch with him/her immediately and ask him to make a statement to that effect. You said you have a one-bite forgiveness in Boston. Then what?

Obviously, being a dogmama, I do react strongly to anything that threatens my dogs - including the county laws. If there was even a remote chance that another incident could mean that my dog was quarantined at the pound or even put to death, I'd have a lawyer involved & have the animal control officer deposed. I'd also get pictures of the "bite" and have it examined by a medical professional.

My DH is a private investigator & routinely sees incidents that get blow out of proportion & end up in courts. For that reason, I would take absolutely no chances, even if people thought you were going overboard. I think erring on the side of caution is better than saying later, "If only..." I'd do it quickly - before the animal control officer forgets what he said and before the scratch heals up.

Just my $.02.

[Irulan]

I guess I'm the only one who feels bad for the old man. He was just walking in his home, not bothering anyone, and suddenly he's bleeding. He probably feels pretty vulnerable anytime he goes out, because of the way he walks. And if that scratch becomes infected, it could be a serious problem for an elderly person.

um yes, I hope th is doesn't have to me a "me too" thread. First of all I am a dog person, and I've gone through my malemute "attacking" someone and having to go to court about it. Maybe it was just a scratch, maybe the guy got terrified, maybe he was coached, maybe not....I've also had the skin broken by dogs and dog lover or not, it's scary as hell. There is some good advice here on how to follow the system and see what happens.

Jumping up is the one bad habit she has because she's so little and friendly, and most people don't mind a bit, though I try VERY hard not to let her do it, and she's always on leash, but she can move fast.

This is my issue: jumping up is a horrible scary thing, and it's a terrible habit for a dog owner to permit. I certainly mind it ... and I am dog person. I don't know where you'd get the idea that "most people don't mind a bit". They are probably embarrassed to tell you that the minimum it's annoying, at the maximum it's terrifying. Certainly if the dog has a beeper collar ( what is that anyway? a shock collar??) you can break this.

[Brandi]

I would lay low as well and not ruffle feather's. Just have all documentation in case but I am sure it will be fine. Just steer clear of this guy from now on. Some people are just looking for things to complain about too. I know when a dog is being mean and it sounds to me like your dog was just happy to see him and wanted to give him a little love. Not your fault he didn't get it. I would get that one statement in writing if you could about how it did not look like a dog bite. Good luck. This too will pass.

[Irulan]

Brandi, some people don't want a little love from any dog, no matter how cute it's owner thinks it is.

[OakLeaf]

I'd find out what constitutes the "one free bite" in your jurisdiction. If a report like this triggers your having to get special insurance, muzzle your dog at all times, put a roof on your yard, etc. - not to mention the spectre of him being taken from you and put to death if the man or someone else should decide to make a second accusation - then you need to fight it now.

If there has to be a judicially proved bite before your dog is tagged a vicious dog, then just collect documentation and sit tight, as others have said.

[withm]

If I was 80 yrs old and any dog starting jumping up on me I would be terrified. Even a small dog could cause an "elderly man," or anyone else, to lose his balance resulting in a fall and possibly a broken hip (or worse). Such a fall might cause him to hit his head on the pavement with extremely serious if not fatal consequences. Certainly the fear of breaking a hip is probably very high on any of us as we get older. Loss of mobility is the beginning of the last chapter of our lives.

As cyclists, many of us have suffered from the carelessness of other dog owners. And as cyclists we should all have a better understanding of the devestation a "little love" from an unwelcome dog can cause.

Please train your dogs not to jump on people. Ever.

[PamNY]

We need to keep in mind that this thread is about the false accusation of a dog bite and the legal ramifications thereof.

Emily made it clear that she regards jumping as undesirable behavior and she corrected it immediately.

Jumping up by a dog is indeed frightening for some people, but it is far, far, more common for people to regard jumping as cute and to interfere with the dog owner's attempts to train proper behavior.

[Irulan]

Well and so Pam, but I'm of the mind that if you post an item for discussion online, it's up for discussion, not discussion between a predetermined set of parameters. That's exactly what I meant when I made a comment about " is this a me-too" thread... comments are only allowed if they support the OP's ? The incident is certainly unfortunate but if it's posted for discussion it should be open for discussion.

I don't know ANYONE that thinks jumping is cute except for the owner of dogs who don't correct it. Why do people keep saying it's not so bad? Is is just me that thinks a jumping dog of any size is ill-mannered?

[Becky]

Jumping is ill-mannered. I don't like it when my dog or anyone else's participates in this behavior.

However, I certainly agree with Pam's statement that it's a hard thing to break when well-meaning but clueless people interact with a jumping dog. If my dog is jumping up, please don't touch him, talk to him, or even make eye contact. It reinforces the very behavior that I'm working to break.

[PamNY]

I don't know ANYONE that thinks jumping is cute except for the owner of dogs who don't correct it. Why do people keep saying it's not so bad? Is is just me that thinks a jumping dog of any size is ill-mannered?

You misread my post. I did not say that jumping up is "not so bad" and I did not say I think it is "cute." I did describe behavior that I have observed many times over a period of decades -- which is people tolerating and sometimes encouraging jumping up by a dog. This is a huge issue if you use positive reinforcement to train, as I do.

It is extremely well-documented that random reinforcement is powerful, and this is exactly what happens when people reward a dog for jumping up. Even a single instance can cause delay/failure in training the behavior you want.

The OP said: "He walked close enough to us that my dog, who is extremely friendly (overly so at times), jumped up on him. It happened so fast, but I pulled the leash and got her off him immediately, apologizing profusely." She goes on to describe using her training method of choice to immediately achieve heeling. It is not logical to deduce from these statements that the OP regards jumping up as desirable behavior.

Further, it is illogical to assume from my post that I think jumping up by a dog is desirable; if I thought that, would I be discussing in some detail training methods I use to extinguish the behavior? And would I be complaining about people who interfere with my training methods?

The main point of my post was that a bite is a serious legal issue; jumping up, while undesirable, is an entirely different matter. I did not state that discussion should not ensue; I did intend to encourage that the discussion include logic and careful attention to detail.

[smilingcat]

+1 with dogmama. Get a written statement from the animal control officer to the effect of what he said, "Looks like a scratch not a bite". Get things in order for a strong defense and sit tight with the information.

Just laying low will not cut it. Like Irulan said, some people do not like animals!! Hiding is no defense should someone decides to pursue legal recourse. That scratch can turn into serious condition for an elderly person. A scratch can turn into a long lasting oozing wound.

I'm not trying to scare you Emily, but I would err on side of caution. Getting the certification sounds like a good thing too. Geeze, I can just see.

How did you get the wound on your arm?
That vicious dog attacked me without provacation!
The VICIOUS DOG ATTACKED YOU?
Yes Sir
But there is a certification saying otherwise. Do you still wish to claim that the dog is vicious?
....

I think having the certification after the fact is still very relevant and getting ASAP would be much better than later.

[withm]

... I had her on a short leash, but an elderly man who walks with a severe stoop (and thus does not really see where he's going as he watches his feet when he walks) walked right towards us in the garbage drop-off area. I got as far away from him as I could, but due to a line of recycling bins to my left, was limited in how far I could get away. He walked close enough to us that my dog, who is extremely friendly (overly so at times), jumped up on him.

I don't understand why when you saw the elderly man approaching, and you admittedly took steps to move away, why did you not tighten up on your leash so your friendly dog could not get access to him? Really, put yourself in the position of that "elderly man who walks with a severe stoop (and thus does not really see where he's going as he watches his feet when he walks)." Clearly he is unsteady without canine intervention; how can he possibly react any other way but to cry "foul" when a strange dog comes out of nowhere and starts jumping on him?

He is very lucky not to have been seriously injured.

Consider this a lesson learned and count your blessings that he is not in the hospital as a result.

[PamNY]

Clearly he is unsteady without canine intervention; how can he possibly react any other way but to cry "foul" when a strange dog comes out of nowhere and starts jumping on him?

Crying "foul" is not the same thing as making a false report. That is the issue here.

Perhaps he does have a legitimate basis for complaint, or thinks he does; in that case, a letter to building management would be the proper course (if I understand the situation correctly).

We had a very serious dog problem in my building (much worse than this one), and I took immediate steps to handle it. I would not have even considered lying, however.