Need help from those who know the law on dog attacks!

[CadillacQueen]

I really need some help. I'm super new to this site and I'm not sure if I'm even on the right page or anything...but I wanted to ask here in case anyone could help me out.

I have an English Mastiff X Saint Bernard called MeatLoaf.
He's really, really and I mean, reallly big.

On Monday we went for a romp in the park with my daughter. There was a couple there with a Blue Heeler...they live across the road from us.
Meat really wanted to go over and play but I told him to stay with my daughter, so that's what he did.

It's NOT an off-leash park, btw.

However, as he was lying down next to the sandpit where my daughter was playing, the Heeler came sniffing up and I got up from the nearby park bench as I don't trust strange dogs near my kids.
Suddenly, the Heeler ran at my daughter and latched onto her arm, growling and snarling through his teeth, and 'worrying' her arm.

MeatLoaf was up on his feet in a millisecond and grabbed the Heeler by it's throat and literally yanked it up into the air, then slammed it down onto the ground, put a paw on it's face and tore it's throat out.
It was so quick, I could barely have blinked and it was over.

The first thing I did was check my daughter; she had bleeding bite marks on her arm and blood running down her arm and she was screaming in pain.

I just picked her up and BOLTED for the car, yelling "Come, Meat!" over my shoulder as I ran, and he abandoned the body of the Heeler and followed me. I got her to hospital and the doctor gave her a shot to prevent infection and bandaged up her arm. I told him the story and he measured the bites and wrote up a medical report that states it was a dog bite, and the size of the dog that could have bitten her.

When we finally got home, I got a phone call from the owners of the Heeler.
They verbally abused me for 'letting' my dog attack theirs, claimed it was unprovoked and they said they're taking me to court to pay for loss of their dog.

Can they do this?
I have a medical report saying that my daughter was bitten by a dog of the Heeler's mouth width on the same day they claim Meat killed the Heeler.

He was obviously protecting her, and responded as any family dog would. My daughter could have been mauled on the face if he hadn't responded so quickly. I certainly couldn't have pulled the Heeler off her in time to prevent further injury.

I'm really scared that they're going to get a court order to put MeatLoaf down....how can I prevent it?
Do I have a likely defense to save my dog?

I live in Australia, by the way.

[KiraNGunnersmom]

You should file a report with your local police as well for the attack on your daughter.  You have the hospital report to back it up.  I dont know what the time limitations are from the time of the attack to the time of the report.
call your local police and they can point you in the right direction.
Best of luck and keep us updated. 

[Scootergirl]

Yes, they can take you to court over this, but don't let that worry you. In the US at least, you can take someone to court for wearing a shirt you don't like. That doesn't mean it will ever get in front of a judge or that they will win.

However, I don't think they have a case since their dog attacked first and you have the evidence from the hospital, but you MUST (like everyone else said) file a police report and you should sue them for the money you spent at the hospital and your daughter's ongoing medical care at the very LEAST.

That they would call you and verbally abuse you for the death of their dog when their inability to control their dog led to him attacking your child makes me extremely angry. They should be apologizing to you. Did they even ask about your daughter?

Also, check your leash law. In my state the law states dogs must either be on a leash or in command of voice control, which yours obviously was.

[ZooCrew]

What a sad situation.
But I don't think your dog did anything wrong, in fact he should be acknowledged by the city as a hero for how he came to your daughter's aide.

I also agree to file a police report. You def. want this on record as to what you saw happen.  And contacting a lawyer is not a bad idea either.  They will be able to tell you what course of action to take.

I don't know what the laws are in AUS but in some areas here, if both dogs are loose (which they were) and one is killed, there is no fault.  They were not on either dog's property.  Their dog could have been charged with attacking a child.  I know that often, if this were to happen on your own property and your dog came to your aide, it would not be able to be charged with anything.  I can't see how it would be much different anywhere else.

And again i don't know the laws there, but here, most dogs are still considered property.  They are only worth what you paid for them, or put into them (large medical bills).  If they got that dog for free, he wouldn't be worth anything.

[Ali]

WITNESSES - was anyone with you? Can you find people who saw it go down? Is your daughter old enough to describe what happened? Sweet Jesus what a scary freakin' thing that must have been for you all!!! Pardon me if I'm stepping over a line here, but consider a few counseling sessions for your daughter? She was attacked, and then saw her beloved, sweet family pet visciously destroy her attacker. She must be freaked out! Hopefully she doesn't fear Meatloaf and understands that he did what he did because it's his instinct to protect her, and he's not bad or mean.OMG, and poor you! I have no idea what laws might be for this situation in Australia, but I'll bet you can file a complaint for your daughter's attack and then find a lawyer easily who will fight for Meatloaf. I'm sorry for the loss of the healer, but it was really, really stupid of them to let a dog off leash that they obviously don't know well. Or worse, maybe they DID know that he wasn't good with kids... It sounds like Meatloaf is a brave and loyal boy. PLEASE keep us posted on how this unfolds, and feel free to come and vent any time... Hugs to you from the USA...

[CadillacQueen]

Thanks everyone...I did go down to the police station and they talked to me and got all the details.

They said the owners of the Heeler have barely any case against me and don't have a chance of getting Meatloaf put down as medical evidence clearly shows that my child was attacked by a dog fitting the Heeler's dimensions.
They said if the Heeler was still alive it would die anyway, as the law requires that following a dog attack, the responsible dog will be put to sleep.
They're going to call me when the owners of the Heeler make a formal complaint, or respond to my charges.

MeatLoaf was on a leash, but was commanded to guard my daughter, and the Heeler wasn't even collared.

There were some teenagers smoking at the park, but I'm not sure if I can even find them to testify. I did hear one of them yelling something as I ran off to the car, but...I don't know.

Thanks for your help guys, I'm so relieved that they have no chance of killing my sweet hero boy.

Good idea about the counselling, I only spoke to her as I put her to bed about what had happened, and she said "Meaty saved me, Mum". She didn't seem overly concerned about the death of the other dog since she didn't see it, as she turned to reach towards me, away from the Heeler, but I'll definately get her into a child counseller.

[Scootergirl]

Wow. Your daughter's words about "Meaty" brought a tear to my eye. It's nice to know she realizes what a special boy he is.

I'm very glad your mind is a little eased today. I would suggest that, if the Heeler's owners call you again, you do NOT talk them. Politely tell them you have been advised not to talk to them and ask them not to call again then hang up. Don't even wait for them to respond. If you have caller I.D., note their # and don't pick up if they call again. And, if they do continue calling, make sure you write it down every time so you can get them on harassment charges, too. They don't sound like responsible people at all which, I guess is unfair to judge them based on this limited information, but no collar, no leash, in a public park, no remorse for your daughter's condition, etc... what else can I think?

Let us know what happens, and we'd love to see pictures of your Meaty Hero!!

[CadillacQueen]

Yes, she loves Meatloaf. She was the one who picked him out from the shelter, and the previous owners had given him the name Wuzzles, but she said: "Him fat...like...M eatloaf!"
So he became MeatLoaf.

They haven't called back but they did come over last night and knocked on my door but I didn't answer in case they got physically violent and Meatloaf decided I was in trouble and defended me.

They never asked about the injuries, they concentrated on yelling about how they're going to get my 'monster' put down because he's 'violent' and a 'vicious killer'.

He's not the one who attacked a 5 year old child!

I don't think they have a hope of getting him put down. If they took the Heeler to the vet to write a report that it was a dog mauling that killed it, the vet could take scrapings from the teeth to match my daughter's blood, I guess. If it came to that, do you think I could request it?

[Ali]

I can't believe they came to your house!! Some nerve! And yes, when your situation is all smoothed out and you have time, we would all love to see Meatloaf, the hero! Seriously, imagine what could happened if you hadn't had him at the park that day?? Wait, better yet, DON'T imagine it. How frightening. It's giving me chills every time I check up on this post to see what's new...

[Scootergirl]

I wouldn't worry about get scrapings from the Heeler's teeth. They obviously agree your dog attacked their dog and you have the evidence to prove that their dog attacked your child.

You may want to put an ad in your local paper asking for witnesses to the incident so you have other eye-witness statements, but I really don't think you have anything to worry about.

Next time they knock on your door, call the police. That's horribly invasive and scary.

[CadillacQueen]

I was actually thinking of calling the police the second they came up to the door. They're incredibly irresponsible people {not that I'm gossiping here}, they let their kids run wild and I'm certain they backyard breed Heelers.
I mean, out in public with an untrained dog that has no leash or collar!

I was worried they were coming over to hurt him, because they seem exactly like that type of people.

[2Criminals]

I would go to court and get a restraining order against them. If you really believe they would seek revenge then it is in your best interest. Then if they show up on or near your property the Police have more options than simply asking them to leave or issuing a Tresspass ticket.

[navarre1316]

WOW!!  This is unnerving.  Just the fact that you went to the police shows that you are taking responsibility on your end.  Have they even filed a complaint?  My worry, since they have the gaul to come up to your door, is, do they have access to your backyard?  Could they get to Meatloaf or his water?  I would also let the police know everytime they come to your door and keep a log of anytime they call and/or leave a message and save any messages that they may leave. 

I'm glad that your daughter is ok.  A counselor is a good idea too, even if it's just one visit to talk.  Good luck with all this and be careful with those neighbors!

[GoldenPyrs]

WOW!!  This is unnerving.  Just the fact that you went to the police shows that you are taking responsibility on your end.  Have they even filed a complaint?  My worry, since they have the gaul to come up to your door, is, do they have access to your backyard?  Could they get to Meatloaf or his water? 

This is exactly what I was thinking, too as I read this thread!  It's scary to think that they could throw some tainted meat or something over the fence to "get even" with Meatloaf.  Shudder!  Can you take him out for potty breaks on a leash or something so that you can watch closely?? 

I also think that it's a good idea to take your little girl to a counselor, certainly for her sake.    Also though, if it comes to a court case, the counselor might be able to testify to what your daughter tells him or her and help to corroborate your testimony about how the heeler attacked your little girl.    I'm sure that it's safe to say that we're all pulling for you here!  Please keep us posted, ok?

[CadillacQueen]

That's exactly what I thought guys. He's been trained not to eat anything that isn't in a bowl {I grew up on a farm and chunks of meat lying on the ground were usually poisoned dingo bait, so all our working dogs were taught not to eat any meat that they found on the ground}

So if they did poison a chunk of meat and throw it over the fence, unless it fell into his bowl, he won't touch it.
They couldn't get over our fence without going into a neighbour's yard then using a ladder, because we have a *always locked* garage roller door as the front entrance to the backyard.

My daughter has an appointment with a counseller next week, and hopefully that will go well. I'll keep you guys posted!