Neighbor Wants Dogs Dead

skidubz

A couple of weeks ago, some friends of our family were riding horses in my neighbor's corn field across the street. Our dogs, who have been around them and their horses before, ran playfully next to them. One of the horses spooked and the 23 year old Marine riding it fell off; he was wearing a helmet and landed on his head. He seemed disoriented, but his mother panicked and insisted on getting her husband to drive to "the scene of the accident."

Upon arrival, the husband called the Sheriff and an ambulance for his slightly dizzy son. He then took a post-hole digger out of the back of his truck and struck our dog, who was not even looking at him at the time. She yelped and ran away. He is unaware that we witnessed this.

A police report was filed and our dogs were declared potentially dangerous; apparently the report claims that the incident happened on the street (not private property) and that the dogs were running viciously towards the riders. We cannot access the report without a court order and were not interviewed or asked about it before it was filed. There is no appeals process for the declaration of our dogs as potentially dangerous, even though the classification is based on hearsay.

Now these entirely innocent and harmless dogs have to remain confined in a completely enclosed pen with a concrete bottom and we have to post "Beware of Dangerous Dogs" signs around our property. If they are to leave the county we need a permit and children are not allowed to approach them.

If you ask me, the way in which they were flagged as potentially dangerous (and all other circumstances in the incident) is completely absurd. The fact that we can't even appeal the classification is even worse.

According to the Sheriff, this family has been harassing him to get our dogs euthanized. They have also hired a personal injury attorney to sue my family and are trying to press criminal charges. Nebraska law states that we are not liable for the accident due to the risks of riding a horse, but the classification remains.

oliwa

Reading stuff like this pisses me off! I would sue the guy for every little thing I could think of. Probably not the best way to handle it.

pawsforthought

wow. i really don't know what to say. how awful. this has actually made me angry, which is quite difficult.

i think you should post signs around your neighbours house saying 'beware of the hideously overreactive people in this house. tread carefully.'

ScentHound

What would the sheriff do if you told him that your dogs want the neighbors dead. Reverse psych their butts.

Mikey

That really sucks and I feel bad for you and your dog and hope things work out. I know I'd be furious if anyone threatened my dogs wellbeing.

but the thing is-your dogs should not be off your property. And having riden horses who were spooked by dogs chasing them, I feel for the other party. Whether intentionally or not, your dogs caused someone to be hurt. THAT is your fault. No one could say your dogs were acting dangerously if they were in your yard.


Get a lawyer and a fence.

skidubz

Section 25-251 of Nebraska State law states that:
“an equine activity sponsor, an equine professional, or any other person, which includes a corporation, limited liability company, or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities and (2) no participant nor participant's representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities.”
Section 25-21,250:
“Inherent risks of equine activities means those dangers or conditions which are an integral part of equine activities, including, but not limited to the unpredictability of an equine's reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, orother animals”

skidubz

We allowed the dogs to run and greet our friends on horseback because they have ridden with our dogs before. They have even allowed the dogs to follow them home and joked about it later. This is why it is even more shocking that they are pressing charges.

kmes

Look up Nebraska law about what actually constitutes a "dangerous dog".
I have a feeling that your dogs may have been unfairly labeled, if everything happened as you said. It sounds more like you should have been fined for allowing your dogs to run free. If this is the case you can certainly hire a lawyer and fight it.

That said, ditto what Mikey said. You should not have allowed your dogs to run over to the horses! Deffinately invest in a fence.

kmes

I did a little bit of research and found this.
Nebraska Humane Society: New City Ordinances
Read it! It says that you have 10 days to appeal. It also says that an animal control officer should have interviewed you as well as observed you dogs before making a decision!

Hopefully this applies to your particular location in Nebraska! If not call your animal control office and talk to someone about this.

fawkese1

i have to agree... get a lawyer and a fence... regardless of the scruples of your friends (didn't you say you were friends with these people?) the consequences of your dogs' behavior are your responsibility. like if your kid hit a baseball through a neighbor's window, on accident, you would still be responsible to fix the damages... good luck...