Dog Forum banner
Status
Not open for further replies.
1 - 20 of 22 Posts

·
Registered
Joined
·
5 Posts
Discussion Starter · #1 ·
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.
 

·
Registered
Joined
·
272 Posts
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.
 

·
Registered
Joined
·
243 Posts
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.'
 
  • Like
Reactions: BanditHuyana

·
Registered
Joined
·
7,550 Posts
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.
 
  • Like
Reactions: BanditHuyana

·
Registered
Joined
·
5 Posts
Discussion Starter · #6 ·
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
 

·
Registered
Joined
·
5 Posts
Discussion Starter · #7 ·
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.
 

·
Premium Member
Joined
·
11,876 Posts
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.
 

·
Premium Member
Joined
·
11,876 Posts
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.
 

·
Registered
Joined
·
22,513 Posts
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...



Dog | Forum | Rocks!
 

·
Registered
Joined
·
5 Posts
Discussion Starter · #11 ·
Yeah, I checked the dangerous dog laws and they should not technically be labeled as such. I have to look into the appeal.
 

·
Registered
Joined
·
5 Posts
Discussion Starter · #13 ·
Apparently that only applies only to the city of Omaha. Can anyone find anything similar that relates to Washington County, NE?
 

·
Premium Member
Joined
·
11,876 Posts
Here Are the Nebraska Dog laws.
Nebraska Dangerous Dog/Dog Bite Laws
If I were you, I would actually go down to your local animal control office and also the courthouse to talk to someone about all of this. Ask specifically about procedures for labeling a dog as dangerous and also the appeals process to fight it. Ask for copies of anything they have in regards to this.
Also, please hire a lawyer! A lawyer will be able to help far better than anyone here!
 

·
Registered
Joined
·
12,054 Posts
YOU need to be actively seeking out info and show that you are trying to get info from a person not online. As I agree this is ridiculous you should not be letting your dogs run loose no matter if another animal is normally ok with them. Horses freak out over many things whether a new or familiar sound/thing. I am sure you have learned the lesson, just have to repeat the stress of the situation.
 

·
Registered
Joined
·
471 Posts
As a horseback rider and dog owner, horses can think that anything is scary. They can have seen it 1000 times before and to us it might seem silly to spook but horses are prey and they don't take chances. We have a former police horse at our stable and even he sometimes spooks if he's caught by surprise. He recovers quickly but he's not immune to it. And landing on your head can be dangerous. I imagine he is all right but sometimes dizziness can signal something more serious. I've been thrown before and when I landed I felt fine (well, as fine as you can feel after being thrown) and didn't seek help but later on I started to feel the injuries in my tailbone. Now it's healed improperly and I have minor back issues. I don't blame him for calling an ambulance even though driving to the emergency room might have been doable too.

I think it's ridiculous that they want the dog put down and I agree that you should look in to appealing this. The dogs could have surprised the horse, come at it from a different angle, etc that seemed spooky, but they don't sound dangerous. Being thrown/ dumped is something you need to take into consideration any time you get on a horse and you always need to be on your guard. It's just part of the activity and I wouldn't sue over it. If a dog didn't scare the horse, something else could've like a deer. Then who would they sue?

But like everyone else said, it's best to keep your dogs leashed when off your property. Not just for the safety of other people but for your dogs. What if the horse hadn't spooked and struck out at your dog with its hooves or kicked it instead?
 

·
Registered
Joined
·
170 Posts
As a horseback rider and dog owner, horses can think that anything is scary. They can have seen it 1000 times before and to us it might seem silly to spook but horses are prey and they don't take chances.
Very true! I have 3 horses and two dogs. My horses are with my dogs all day everyday. However, while we are trail riding, occasionally the horses will spook at the dogs running through the bushes or running up at them from a weird angle (as Elocin said). Sometimes the horses can spook while they are in the corall and the dogs due something out of the ordinary. Although this is rare and my horses do not spook easily it DOES happen! I think that is very aweful of your neighbors to have your dogs labled as dangerous though. I also think that it is downright disgusting that they hit your dog with a post hole digger. That is uncalled for entirely, they are animals and it doesn't seem that your dogs meant harm. I often ride past my neighbors and their dogs run up to greet us on the road. My horse is pretty use to it, but all the same you should always be on your gaurd. Also, if I were to be thrown off because my neighbors dog spooked my horse accidentally. 1) I wouldn't be angry with dog, especially to the degree of striking it with a tool. 2) I would not have it labeled as dangerous. While riding horses you always stand the chance of injury. You should be extra vigilant when there are dogs about. However, if the dogs came at me agressivly I would be very upset. I still, however, would not hit it (unless in self-defense) or have it labled as dangerous. I would talk to my neighbors about it and ask that they kept their dogs on their property. If problems presisted I would take it to animal control.

I think there is something very fishy going on here. A cliche yes, but it applies. Have you talked to them personally about this entire situation? If my dogs spooked my neighbors horses and someone was thrown off, I'd definatly be contacting them to apologize and talk it over no matter the situation! Yes, you should keep your dogs on your property whether it's fencing, leashing, or watching them constantly while they are outside.

Please keep us updated on the situation! Good Luck and get AS MUCH INFORMATION as you can!
 

·
Registered
Joined
·
631 Posts
I despise people that do that kind of thing...Your dog was doing no harm!:mad: That just doesn't sound right...Obviously these people have been looking for an excuse and this is a perfect opportunity...I hope everything goes well for you and your dogs.Let us know how things work out!:)
Tara
 

·
Registered
Joined
·
1,537 Posts
Where exactly were you when all of this was going down? You said that they didn't know that you witnessed the dog being struck so where were you at?
 

·
Registered
Joined
·
6 Posts
Damn Man! I feel like killing these people. It's not necessary for everyone to love dogs, but what kind of attitude is this? Such people are nothing but craps man!
 
1 - 20 of 22 Posts
Status
Not open for further replies.
Top