Defending Against a False Dog Bite Accusation: What You Need to Know

When someone accuses your dog of biting them, especially if it's based on false medical records, the situation can escalate quickly. Here's a comprehensive guide on how to defend yourself against such an accusation, the steps to take, and the key factors that can make or break your case.

Does the Accuser Have to Prove the Dog Bit?

In court, the accuser (the “victim”) will have to prove that your dog bit them. This means they must present irrefutable evidence, such as medical records or witness statements. As long as they don’t provide fabricated evidence and your judicial system is not riddled with corruption, you should be in a favorable position. However, having solid documentation on your side can strengthen your defense significantly.

What to Look for During the Incident

Witnesses: It's crucial to have witnesses who can attest to the events that transpired. Witness statements can be powerful in court and help establish the truth. If you have neighbors, colleagues, or even passersby who were present, ensure they have recorded their account of events. Ask for their contact information and take photos to support their claims. Medical Records: If the accuser claims to have been bitten, it's essential to have medical records that show no evidence of bite marks or injuries. These records can serve as concrete evidence that refutes the accusation. Vaccinations: Ensure your dog’s vaccinations are up-to-date, particularly for rabies. Being proactive about your dog’s health and vaccinations can also bolster your defense.

Can You Counter-Sue?

Given the circumstances you described, it seems the accusation of a dog bite is false. In such cases, you have the right to counter-sue for defamation and other potential damages. Here are the steps to consider:

Collect all evidence, including medical records, witness statements, and any relevant documentation from animal control. Contact a lawyer to discuss your options and prepare your case. An attorney can provide legal advice and guide you through the litigation process. File a lawsuit for defamation if the false accusation caused damage to your reputation or resulted in financial loss.

What Happened in Your Case

Your case involves a situation where a neighbor accused your dog of biting them, resulting in legal action. Here’s a breakdown of what transpired:

Context: Your neighbor across the street attempted to reclaim your dogs after they escaped. You had three dogs: a mother dog and two puppies. The mother dog is gentle, and the puppies are known for their non-aggressive behavior. Your dogs were calmly sitting or standing when your neighbor approached. The mother dog’s behavior included placing her paws on your neighbor, indicating a desire to be petted.

Your neighbor escalated the situation by screaming. Your other dogs, following the mother dog, tried to lick the neighbor, a common behavior among puppies. Meanwhile, your dogs were standing on your neighbor but only to lick her. No barking took place. Your son intervened to restraining the dogs, as your neighbor was standing still and not exhibiting any fear.

Her husband then kicked one of your dogs, causing an aggressive response from the other dogs. They began barking and jumping on your neighbor but again, without biting her. Animal control arrived and determined she had only minor injuries with no bite marks, resulting in a citation for you. You offered to pay her medical bills but never received a response from her. Now, she has served you with papers claiming she was bitten.

What Should You Do?

Given that the medical records show no evidence of bite marks or injuries, and considering the behavior of your dogs, you can likely counter the lawsuit. Here’s how to proceed:

Retain a competent attorney to handle your case and ensure you have the best possible legal representation. Provide all relevant documentation, including medical records, witness statements, and the citation from animal control. Prepare for the counter-suit by gathering evidence that supports your claim that the initial accusation was false. Follow up with your neighbor and request the discharge papers she mentions, as this might help in your defense.

Remember, defending against a false dog bite accusation can be challenging, but with proper preparation and legal support, you can protect your rights and reputation.