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[colten]

My friend has a adult labrador retriever. She is fully grown and uncomfortable around other dogs. A neighbor frequently lets her much smaller dog off the leash (illegal outside of a dog park in Maryland) and the other day the two dogs had a confrontation. The small dog suffered minor injuries, nothing that required extensive vet care. Now the owner is threatening to sue my friend's family unless they put the labrador down. Thoughts?

Citation: MD CRIM LAW § 10-619

Citation: MD Code, Criminal Law, § 10-619

Summary: This Maryland statute outlines what is a "Dangerous dog." As defined by statute, it is a dog that, without provocation, has killed or inflicted severe injury on a person, or it is a potentially dangerous dog that bites a person, when not on its owner's real property, kills or inflicts severe injury on a domestic animal, or attacks without provocation. An owner of a dangerous dog must keep the dog securely enclosed on his or her property or must muzzle and restrain the dog. A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500.

[porter]

Cannot sue if her dog was off leash and if your dog has all vaccinations, including rabies.

[chepito]

It says without provocation - if these dogs ran up to your friends dogs and began barking and nipping at him then I THINK that if her dog felt threatened then it's fair game. I don't think it's ever OK when dogs get into fights but the fact is that they're animals. The woman should not have had her dogs of leash and assumes any responsibility should something happen as a result of them not being on a leash. I would tell your friend to contact any witness of possible in the case that this woman gets a lawyer. My dogs are very well socialized and well behaved but if they were on a leash and dogs charged them barking you can bet they would defend themselves.

[adusa37]

It's clear that that the small dog was off leash. My question is was the labrador off leash? If not, then the woman does not have a leg to stand on, she was already in the wrong by having her dog off leash.

The labrador did not attack without provocation. The lab, obviously felt uncomfortable with the small dog rushng at him. It is completely the womans with the small dogs fault (if the lab was on leash)

I would offer to pay only 1/2 of her vet bill, but I would not put the dog down. It her fault it happened.