It’s not quite ‘bollocks’. He has a point. It may be legal to walk your dog without a leash, but that doesn’t mean you should be letting it run into other people’s yards. Your dog should be under positive control and visible at all times. If your dog ‘gets away’ from you on occasion, it should be on a leash until you can get it trained properly. If you’re just letting it wander out of your sight into people’s yards, then don’t do that anymore.
And a pellet gun can easily do the kind of damage described. I’m confused about the part where you said that the bullet may be in there or may not be. The vet should know, or find another vet. You DID take the dog to the vet, right? With “blood spraying out of his hip in pulses” and all?
Sounds to me like
a) you let your dog run around uncontrolled on someone elses property
b) the person who’s property you violated spanked your dog with a non-lethal weapon
c) your dog (by your description) wasn’t seriously or permanently injured.
Machetero may have been harsh, but I concur with his conclusion.
From what you have written, I take it that you and your child was never in danger of being shot. So unless there is more to this I’d drop this line of attack. Also it appears you did not see who shot the dog, so we can only speculate as to their reasons.
The way I take it is you were a irresponsible pet owner and your pet got hurt because of that. Your dog was obviously not trained well enough to walk without a leash in the area you let him walk.
I’m sorry for the dog but from what you wrote you are the only one to blame here as far as I can see.
Sorry I missed your GQ. But then again, if anything you should be the one w/ the summons, so legally perhaps letting it drop would be a good option. I suspect if a complaint to the SPCA might bring your actions into question.
It does not seem that you or your child was ever put in danger. It appears from your description that your dog became visible from someone behind the trailer, who took aim and shot at what I can only assume he thought was a nuscense animal. It would seem that the angles would be totally wrong for you or your baby to be in danger.
I would guess, from what little I read here, that he had no idea that you were nearby.
When you ‘called out’ what did you say? Perhaps it was something that the person could have thought was hostile and though it better to avoid you? I don’t know.
You post an O.P. on the Straight Dope, then when Dopers post thoughts that do not agree with yours, you tell them to go and open another thread about it? Welcome to the Straight Dope. That’s not how we do things here.
I agree with those who state that you let a dog run loose. The dog crossed a legal boundary. The dog was shot at by a person living in that home ( alledgedly) . Now, were I living in that home, and a gun-lover, and … maybe had my toddler outside, toddling…on my own property, nowhere near the roadway or property line and a dog came running into the property, I’d shoot. A lot. Lots of shots. Lethal shots, too.
You own a dog. From dog-owners I know, that ownership apparently comes with enormous legal responsibility for the actions and placement of the dog. Your dog in your yard, shot at by neighbor? Man, I’d go sue- you’d have a jim dandy case. Your dog, his yard, his property, dog is shot? Since when does a dog get to proclaim soverignty over an entire neighborhood, regardless of property lines?
Not bollocks. Get an attorney if you think you have a case. IINAL, but man, your dog was not leashed and out of line. I will say that I am completely relieved that both you and your child were in no way harmed during this incident.
Ya’ know, I take back my earlier comment about Machetero possibly being too harsh. You say you have a one year old and fear for his safety. Well, sweetheart, you’re the one that illegally unleashed the dangerous weapon, not your neighbor. And I’ll tell you that if your dog had illegally been coming around my (hypothetical) one-year old, it would’ve died that day. And then I would’ve sued your ass.
So, thank your lucky stars your neighbor was so nice. You should probably go send them a card right now apologizing for your inconsiderateness and promising to be a better neighbor in the future.
I am not a lawyer, but I don’t think you have a case.
Dogs should only be off-leash if you have complete verbal control over them. If your dog was on someone else’s property, it sounds like you didn’t.
Living in the country is not a license to let your dog run free. While living in Colorado, I met a new transplant from California, a woman who owned two afghans. She said she moved to the country so that she could “let her dogs run free.” They were both dead within two months, shot by ranchers for chasing cattle, deer and elk; in Colorado, the Division of Wildlife will hold owners responsible for dogs that menace wildlife.
I’m glad your dog is ok, but he should be on a leash, for his own safety.
As a general rule, it is not possible to force the police and prosecuting attorney to do anything. So if they aren’t interested in pursuing it, you may just be out of luck.
You could file a case in small claims court to recover the cost of the vet bill. In my experience, small claims judges don’t strictly follow legal principles. And I don’t want to give you specific legal advice anyway.
Other posters have identified the key issues here:
a. The dog was on the other guy’s property. He has a limited privilege to eject trespassers. But he has to use reasonable force under the circumstances. Does that include shooting the dog? When the dog is near two non-trespassing people? When the neighbor could have simply asked you to retrieve your dog?
b. Possible violation of a leash law. The dog was not on a leash, but I take it your neighbor is not a peace officer. Would it be ok for your neighbor to shoot at the dog if the dog was on the street without a leash? How broad does that justification get? If you park your car illegally can I shoot at that?
i may be that the property owner acted more forcefully than needed, but as a property owner who does not own a dog, i get pretty tired of picking up dog feces out of my yard.
you may live in the country where your precious pet can run free, but you still need to control your animal.
This happened to my dog when I was young, maybe 8 or 9.
My dog wandered into my neighbors yard. There is a lot of brush and trees between the two houses. I used to play in those trees and brush often with my dog. I was outside when I heard a loud bang and my dog yelp loudly. Due to the treeline and echos we thought it had come from a different direction and while we were searching it was a good half an hour before my dog came limping and shaking back into our yard covered with spots of blood. I remember it pretty vividly, it was pretty shocking to me. He was shot by my elderly (ex cop) neighbor with a 12 gauge. While we were looking for who did it we knocked on his door, my dog came from the direction of his house. He got all defensive and said we shouldn’t bother him because his wife has cancer and that he had a legal defense because it was his yard etc. etc. etc…
He was a major gun collector. The judge ordered his guns taken away, or at least never to be stored or used on his property, I can’t exactly remember (don’t know exactly how legal this is, but I do remember seeing him load up his truck with gun case after gun case).
My dog was ok, he developed seizures later from the wounds and still has them (he’s quite old now, but still going along strong). We have to give him medicine once a day. I don’t know how the pellets caused the seizures but the vet said the two were related. He also has benign lumps on his body filled with fluid that developed years later where each pellet hit him.
For a long time after I remember cringing whenever I’d hear the very occasional “tink… tink… roooollllll” of one of the pellets working its way out of his skin and hit the hard wood floor, usually from around the thin layers of skin around his ear, from what the vet told us. Happened several times.
I’m just glad neither myself nor my sister were behind my dog like we often were in that section of trees.
This seems like a perfect example of the saying freedom requires responsibility. The freedom you wanted to let your dog off leash requires the responsibility of properly training him. Freedom does not work if you trample on the freedoms of others (property rights) to assert yours (dog off leash). In cities, it has been my experience that freedoms have been curtailed, such as you must have our dog on leash. City people assume it’s ok to let the dog run free in the country, they don’t understand the delicate balancing act that true freedom and responsibility really requires because the choice of that freedom have been removed from them.
I really suggest slipping the following note in their mailbox before this escalates into the Hatfields and the Mdm President’s.
*Dear neighbor.
I wish to apologize that my dog wandered onto your property on (insert date), and further wish to apologize for my reaction. Let me assure you that I will make every effort to keep my dog off of private property in the future. If you do see my dog on your property again I would appreciated if you would call out first before using other methods to remove the dog from your property, because I will be very close by.
