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by Anonymous on November 2nd, 2008

Anonymous

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My dog got into a fight at a dog halloween costume party. He had been there for hours and another male dog joined the party. The two dogs fought and mine injured the other. both dogs were inside the house and off the leash. Am I liable.

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Answers. 2 helpful answers below.

  • by Anonymous on November 2nd, 2008

    Anonymous

    JP's answer is actually right in this issue, except his measure of damages. Many states impose strict liability on harm done by animals, other use just a negligence theory. But in either case, based on the facts provided, you would both be equally liable.

    However, that does not mean that you each just pay for your dogs harm. Rather, you each pay for half of the other dogs harm.

    But the analysis does not end here. What also matters is whether or not your state follows "contributory negligence" or "comparative fault." Most states use comparative fault, which means you each owe half of the damage to the other dog. If your state uses contributory negligence, then neither person liable to the other.

    Thus, long story short, unless the other owner was in control of his dog, and you were not, then at best you owe half of his vet bills, and at worst you owe nothing.

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  • by john pennington on November 2nd, 2008

    john pennington

    Leash laws only pertain to outside the house.

    Whatever happened inside the house, concerning the dogs, is civil and proof would be necessary for both parties, in order to win a civil case.

    Offhand, i would say considering the circumstances, each person would be responsible for their own dogs injuries.

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