Very upset - my dog accused of biting an elderly man

[emily_in_nc]

I am very upset right now about a situation that occurred over the weekend and wanted to see what the wise women of TE thought or if anyone had ever been in this position. Over the weekend, I was walking our small (16-lb) dog on leash in our apartment complex and needed to make a quick stop at the garbage area to drop off a small bag of garbage. 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. It happened so fast, but I pulled the leash and got her off him immediately, apologizing profusely.

After that I gave her a beep of her training collar, and she heeled perfectly as we continued our walk. I thought nothing more of it until the man pulled up beside us in his car a bit later and showed me that his hand was bleeding. There was a tiny scratch on it. He looks to be in his mid to upper 80s, and I know the skin gets very thin at that age, making it very easy to be broken. I felt absolutely terrible. He asked for my name (which I gave him) and whether my dog was up to date on her vaccines (which of course she is). I told him that she had never bitten anyone but was very friendly and surely got him with her toenail when she jumped. I think I was very gracious and honest with him, and I did feel really bad about what happened and apologized again multiple times. 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.

Today, county animal control came calling. The elderly man had accused my dog of biting him, and as such, she is now under 10-day quarantine and can only go outside to do her business, and not interact with anyone, go on any walks, etc. The animal control officer verified with our vet that she is up to date on all her shots, and he also told my husband that the scratch on the man's hand did not appear to be a bite. He also could tell after talking to my husband (I was at work) that we were conscientious dog owners.

We just feel terrible -- and paranoid. We know that she did not bite the man, but since he made the report, it's our word against his.

We are now nervous that we could get evicted from our apartment or sued (or both). My DH did some research, and it appears that NC has a "one free bite" rule, but it still seems so unfair even to have one bite on her record since we know that she did not bite him.

Any words of wisdom or advice? Should we just sit tight until we see if anything is going to come of this?

Thanks...

[malkin]

Maybe your vet could give you some relevant local information?

Lay low, take it easy, snuggle each other. All will be well.
You are doing a good job training your dog.

[bmccasland]

The animal control officer's report also counts. Can you get a copy of his report?
I agree, it was pretty grumpy of the old gent to report the dog. Brushing up against much of anything would probably result in a scratch that would bleed.

[TrekTheKaty]

Bummer. It doesn't seem to much to ask for a pic or a Doctor's note to go with the complaint.

How come the real menace animals aren't ever reported? As an animal lover, I'd also be worried about your animal being threatened at some point in his lifetime and risking another report. Is there an appeal process?

[Koronin]

I'd be seriously tempted to fight it and since you have to prove your dog is UTD on vacs, I would want him to prove by consent of a doctor that it is a bite and prove your dog is the one that bit him. I doubt he can do that.

[PamNY]

Gosh, so sorry. Do you know any dog rescue people, or very experienced dog trainers? They sometimes are well-informed about issues like this.

I was tangentially involved with a similar situation involving a rescue dog (in another state) and several of the trainers who offered to help knew a lot about local laws.

I would do as much as possible to document that it wasn't a bite, but I don't know what that would be.

[indysteel]

I personally would lay low for the time being. If you press this man, he could escalate it further with your landlord. You don't want that. It's unlikely that your dog will bite anybody, so according to NC law, your're unlikely to be haunted by the dog's "record.". I would, however, make sure that this won't interfere with moving the dog to Belize.

If he does sue, then you can deal with that if and when it happens. There's not a whole lot you can do to prevent that, although you might see what, if anything, your renter's insurance covers. The animal control person will be your best evidence as to the nature of the man's injuries, so make sure to keep a copy of his report. Just steer clear of hthe elderly man on any future walks. If the landlord gets on you, agree to muzzle the dog while in common areas. Try not to take it personally; they have liability issues to worry about.

That's just my two cents. Others may disagree.

[Kerry1976]

I have nothing of value to add to the good advice already given, but wanted to chime in that I hope everything works out for the best for you and your doggie. This seems like a totally bum deal to me, but oftentimes these things end up working out to the advantage of the honest person and disadvantage of those who aren't (the old man).

[Biciclista]

we ought to send that old f a r t a photo of Catrin and show him what a dogbite looks like.

[Kerry1976]

When my 76-year-old grandmother visited at Christmas, my parents' pug jumped on her (in happy excitement - Cooper loves all people) and his little nails did the same thing - scratched the thin skin on her arms and caused her to bleed.

Difference? She felt bad asking for a bandaid and felt bad that some of her blood got on Cooper's face. She also felt bad because Cooper got scolded for scratching her. She said it wasn't his fault her skin was so thin and she was glad that he was so glad to see her. (mta: in fact, she was so happy to see him so happy that she was giggling and didn't even realize he had scratched her until I noticed she was bleeding)

Class act verses classless....

[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.