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Originally Posted by ScottGem

Yes she can sue. If there are pooper scooper laws in your area, then she will win the suit. If not, then probably not, especially since it was in the grass not on a walkway.

Whether or not this is retaliation for other slights has absolutely no bearing. All that matters is whether the law in your area requires pet owners to clean up after their animals or whether there are leash laws. If it does then the dog owner was negligent and liable.

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We do have a poop scoop and leash law. Poop scoop is $100 fine, and leash law is the same all for the first offense. Leash law however says that it is OK if you have voice control in a controlled environment. As far as I can tell we would be responsible for the fine, but she also failed to mention which I just found out that she was carrying 40 lbs of books!! And across her grass, after it rained!! She is wacked! And she is not getting a sample of my dogs poop until the court orders it! Thanks!

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Originally Posted by aallen83

We do have a poop scoop and leash law.
As far as I can tell we would be responsible for the fine

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Ok, that means whoever left the poop can be held liable for the accident.

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Originally Posted by aallen83

but she also failed to mention which I just found out that she was carrying 40 lbs of books!!! And across her grass, after it rained!!!

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All that means is that a jury could find her partially responsible.

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Originally Posted by aallen83

And she is not getting a sample of my dogs poop until the court orders it! Thanks!

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And that is your right.

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Originally Posted by NowWhat

Are you serious?

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Yes I am serious. I'm not suggesting that a rape isn't a more serious crime or that more effort shouldn't be used in prosecuting a rapist. But, if a law was broken that resulted in an injury, the injured party has a right to redress under our judicial system. That is the same right that a rape victim has.

Before this gets to court - in a criminal case - wouldn't this fall under a police investigation? I mean, who would go to court? Everyone on the street?
There is no way of truly knowing who the offending party is. It could have been a stray dog that pooped in the yard.
And, if this is a civil case - wouldn't the cost of the investigation, initially, be for the lady? She would have to find out first who to sue?

I would hate to think my tax dollars would go to pay for doggie dna test.

No prosecutor would ever take this on as a criminal case. The only way it would go to court would be as a civil case. But my point is, if she wants to pay for tests, I believe a court would grant orders to obtain DNA from dogs residing in a limited area. I don't think that unreasonable to expect a court to do that.

As for your tax dollars, there's a lot worse poop they buy ;)

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Originally Posted by ScottGem

No prosecutor would ever take this on as a criminal case. The only way it would go to court would be as a civil case. But my point is, if she wants to pay for tests, I believe a court would grant orders to obtain DNA from dogs residing in a limited area. I don't think that unreasonable to expect a court to do that.

As for your tax dollars, there's a lot worse poop they buy ;)

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Yes there was a case a year or two ago where a woman was granted a restraing order against David LettermColleen Nestler who claims that "the television host has been secretly communicating with her for 12 years via code words, gestures and eye expressions." The good folks over at the Smoking Gun have a copy of her 7 page handwritten account, detailing how Letterman has secretly responded to her "thoughts of love," imploring her to move east. Apparently, he even offered a marriage proposal on his "Marry me Oprah" show. You guessed it, Oprah is one of Dave's many code nicknames for Colleen. Letterman Hit with Restraining Order - Cinematical



If this is posible a order to get DNA from dogs is just as likely.

Matt, that is just scary and down right stupid. (of the woman - not you)
I guess, where my mind is getting stuck is - she goes to court and says "I want to sue somebody - I don't know who, but somebody owns a dog and let it poop in my yard..."
A court would order everyone on the street to submit samples of their dogs poop?
That just doesn't make sense to me. I mean if she says I am going to sue John Smith because of this... o.k. you have a case. But, if you don't even know who you want to sue.
If it's a civil case, isn't the burden of proof on the plaintiff? Why should the court get involved? If she wants to pay for the dna test - whatever, but wouldn't this be filed under a frivolous law suit?
And then, of course, if she were to take samples of poop with out a court order - could she be accused of theft? I mean an animal is considered personal property - I would imagine what comes out of it would be too?

Gosh, I really hope I don't read about this in the papers!

There is not a burden of proof in civil cases, but mealy a preponderance of the evidence. Yes it is silly, but judges don't usually say that if she has a lawyer and the right judge it is possible. Likely no. In the case with Letterman when the judge was asked why he issued the order he said "she filled out all the paperwork correctly." Allot can happen in civil court. But yes you are correct it is stupid and a waste of money, time and effort.
And most likely this would not be approved. And if anyone wants to steal any of the poop out of my back yard I promise not to prosecute.

Well, if anyone tries to take the poop from my yard - they better take it all
And then come back once a week

Wow! What a JOY this woman must be to live beside!

I would think, if anything, the only way she could get any kind of compensation for her "slip and fall" would be from her own homeowners insurance. First off, did anyone actually SEE her fall? Sounds to me like she may have been in a drunken stupor and tripped over her own two feet!

The burden of proof is on her. Let her knock herself out!

And by the way... I am not sure about the state you live in, but in the state of Maryland you actually get fined for spinning wheels! Perhaps the next time she spins wheels you can tell her you have contacted the police to MATCH tire prints! Hahahahaha! Unbelievable!

Good Luck with Psycho Daisy Duke!