Name:	MAJ USA RET -	Reply
Subject:	Liability
Date:	7/3/2012 1:55:43 PM

Our obedience trained golden retriever was viciously attacked on public property by an unstrained pitbull.  The StillWaters Residential Homeowner Association has ruled that we are equally at fault because my golden was not on a leash.  Suppose the pitbull had attacked me?

Name:	MAJ USA RET -	Reply
Subject:	Liability
Date:	7/3/2012 3:22:24 PM

The StillWaters HOA needs a good dose of sunshine!

Name:	MAJ USA RET -	Reply
Subject:	Liability
Date:	7/3/2012 7:06:01 PM

Our golden went straight to submissive (she is not aggressive).  The pit-bull continued to chew on her until its owner arrived (in his own good time).  Twice he tried to pull off his dog. Twice the pit-bull got away and resumed mauling my dog. MEANWHILE, MY WIFE IS KICKING AT THE PIT-BULL!  Fortunately our retriever is very large and the pit-bull was extracted before any life threatening damage was inflicted.  She made two trips to the vet… initial and follow up.

My wife and golden were on public property… quite a distance from the pit-bull’s residence... it wasn't even in sight.  Our golden was not headed for that house... she's afraid of the pit-bull from an earlier encounter.  Our dog is obedience trained (voice and hand signals) and can be controlled… even at a distance.

The StillWaters Resident Homeowners Association ruling was – since our dog was not on a leash, we are jointly liable for the attack.  

Question – had our dog been on a leash, would she have been attacked by the pit-bull?

Question – what if my wife… or I… was attacked? 

StillWaters RHOA has not banned the pit-bull from StillWaters.  This would seem to make them jointly liable for future mauling… or God forbid… a death, caused by this vicious animal should the owner elect to bring it back.

Name:	MAJ USA RET -	Reply
Subject:	Liability
Date:	7/3/2012 7:54:32 PM

Anyone who has regularly travelled Vista Wood or Knollwood will affirm that the dog is called to either of us... and directed to sit and stay until the automobile has passed.  Many of them have seen her walking in the "heel" position as we pass by their house… especially if they have small dogs or children which might be intimidated by a very large playful dog.  Some with very small dogs will note that she is NOT aggressive towards their dogs.  Many with larger dogs will attest that our golden will go submissive until the other dog is finished with “establishment of the lead dog” behavior… and then the dogs get to romp and play.

Our dog did not approach the pit-bull or its house.  The pit-bull was NOT interested in playing.