Dogs that bite

[Gail]

My son has tenants living downstairs from him that have a biting dog. They have promised to get rid of it but haven't done so yet. Until that happens what are some pointers for him and his wife so that they can stay safe? He says that otherwise they are good tenants and always pay their rent on time.

[B/W Photodude]

I would suggest seeing a lawyer who could advise them of local laws regarding biting dogs and their own personal liability for allowing a vicious dog to remain on their property and what legal steps they can take to remedy the situation.

While rare, and you did not give information to the breed of dog, people can be killed and/or severely disfigured in a dog attack. And owners have ended up with criminal records. People found to be negligent in a biting dog incident are finding less and less sympathy from the public authorities.

[Aliensanctuary]

Some people, like my brother-in-law and his wife, think that their dogs are "gods" who can do no wrong since it's always the victim's fault that they were bitten. Because they were living on property owned by us and refused to get rid of their pit bull, we did consult an attorney, and for the small sum of $1000 dollars or more, the attorney would see that either the dog was evicted, and they refused, my in-laws.

We didn't pursue the eviction because they agreed to keep the dog tied up, but even so, we observed the dog running loose from time to time. The dog had bitten several guests, including myself. I did report the dog-biting incident to animal control, but all that they did was to talk to my brother-in-law, which really set him off. The dog is dead from old age, now, but if there's a dog hell, I'm sure that dog is still suffering in the flames.

We had a dog long ago that nipped at one of their children while I happened to be present. No injury, but my father-in-law shot the dog at our request.

People are more important than dogs.

My son has tenants living downstairs from him that have a biting dog.

We should hope that the dog is never allowed to run loose outside of the apartment, or, if on a leash, is never allowed to approach other tenants or guests. I don't think that the dog owners can be sued for personal injury unless it inflicts permanent damage from a bite, from my experience, but they are liable for any related medical bills and can be sued for that. As long as animal control or the police are kept aware, not much else can be done except for a few carefully selected words with the owners. If someone shot the dog they could be in really big trouble because shooting a pet is almost as bad as shooting a kid, according to a gun salesman I spoke to.

I would have no problem shooting a dog that bites people or maims or kills their pets.

[Deaconess]

This doesn't directly apply, but may be cause for concern.    Our neighbor was gone from home and her dog barked and ran at someone who came onto her property.   The dog didn't even bite the person, just "scared" them.   The person fell, sued, and WON a $25,000 judgement against her.  It didn't sound like her house insurance covered it or, at the least, not all of it.   Our current insurance won't cover a dog over 25 lbs.   I would carry a big stick if they think the dog may come at them.    If the dog keeps biting (and its likely), it won't stop to consider if what they bite is a toddler, either.    I recommend a discussion with a lawyer and home owner's insurance.    

[Liz]

In my opinion, they probably aren't going to get rid of it unless he takes some sort of legal action. They only have two options, putting a biting dog in another home where it will probably bite again, or put the dog down. Neither of which, they are going to want to do willingly.

If I were your son I would set them down and talk it out. How do they plan on keeping everyone, including the dog, safe? Are they willing to take out extra insurance to cover medical expenses and pain and suffering if the dog should bite again? What about training? 

Once they have exhausted all of these routes and the dog still bites, they may be more willing to put the dog down knowing they did everything in their power to help it.

[B/W Photodude]

Here is a website that can help with the legal issues surrounding dog bites:

http://dogbitelaw.com/criminal-penalties-for-dog-bites/examples-of-criminal-prosecutions

Perhaps someone with more legal experience can explain "deep pockets" as it relates to being a landlord of a property where a vicious dog was housed.

 

[B/W Photodude]

Definitions of "vicious dog"  and legal remedies by state:

http://www.landlord.com/dangerous-animals-by-state.htm

[Gail]

Thanks for all the useful information! I appreciate the help :)

[Ellen]

Until they decide to get rid of the dog the must put a muzzle on it when it is outside. I feel a dog can be trained not to bite, but I might be wrong.

[B/W Photodude]

Once a dog has bitten, depending on why, I would not really trust such a dog to be around strangers. A puppy can learn not to bite, again depending on why he bit to begin with, but I would not trust an adult dog with a history of biting.

Some dogs will bite if in a painful situation, which is understanable. Puppies MAY bite if their food is messed with while eating. This can be trained out of them. With a puppy, I make a practice of disturbing them while eating so they get used to having people bother them while eating. 

It is also good to know your breeds and why they might bite. Some herding dogs will chase down kids and bring them back to the "flock" by grabbing them with their mouths and teeth may be felt. This was not truly a bite, but the dog doing its herding duty. But parents may not be understanding about it.

I had a girlfriend whose family had a sheltie. This dog loved to run circles around my ankles with gnawing like actions and I could feel her teeth the whole time, but it was not a bite. It was more like, "OK, dog, are you done yet?!"

 

[Gail]

One of our dogs used to guard his food but we trained him out of it.

What about fear biters?

[B/W Photodude]

Biting dogs can be partially the dogs upbringing and it can be human ignorance in how to approach a dog. In the most ideal situation, you get your dog young enough to train them to be used to people in a variety of threatening situations and non-threatening new situations and people. If you have an adult dog that bites in fear, you have your work cut out for you in reducing the likelihood of a bite. It will take a lot of socialization via exposure frequently to new situations but where you will have good control over the dog. Many have socialized an adult dog with behavior problems, but it takes dedication. "Reading" your dog well will help in limiting bites.

People could help limit their likelihood of being bitten by learning how to approach a dog they do not know well. Given that dogs are such a part of life, it would do everyone good to know dog body language. I personally never reach over a dogs head such as to pet them when they are a strange dog. If they appear to be unthreatened, then I let them check out my extended hand first.

This site talks about different reasons dogs bite:

https://www.cesarsway.com/dog-behavior/biting/dog-bites-101-why-bites-happen

This site discusses the body language of a potential fear biter:

http://www.schnauzers-rule.com/fear-biting.html

[Naomi]

My son has tenants living downstairs from him that have a biting dog. They have promised to get rid of it but haven't done so yet. Until that happens what are some pointers for him and his wife so that they can stay safe? He says that otherwise they are good tenants and always pay their rent on time.

My first question is if the tenants lease includes a dog ... do they have a deposit?

I dare say the possibility of them replacing a dangerous animal with one that is well trained is highly unlikely.  As the property owner your son should check with his insurance agency to determine his liability in the event of an incident.

[Lauralea]

Many apartment complexes will only accept dogs smaller than 25 pounds, or will  not accept them at all for liability reasons. If he know this dog bites and they bite someone else, he can be sued. I love dogs, but it is not safe for him to let them stay and keep the dog. If it is a small dog, he most likely could not be sued for as much, but still it could  be a sizeable amount, and if it is a big dog, he could lose everything in a big lawsuit. Unless this is a small dog that can be professionally trained so it no longer  bites, and this is done immediately and professionally (most larger towns have trainers for dogs with problem behaviors) he should tell them they need to either get rid of the dog or leave. I am assuming this is not a little dog, and this is the only fully safe thing to do. .

Another risk is that if he knows the dog bites and it does, his insurance may not pay, and/or it may cancel and his rates may be sky high for a replacement. So he can tell them that for insurance reasons they cannot stay and keep the dog on his property.