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    sandye7's Avatar
    sandye7 Posts: 1, Reputation: 1
    New Member
     
    #1

    Sep 29, 2008, 12:45 PM
    Liable or slander
    I live in Atlanta in a loft condo community. We are allowed to have pets and there are so many different types here. My dog was labeled from the beginning to be an aggressive bread because the security guard who is afraid of dogs said I told him my dog was a pit bull and I didn't tell him that. I said he was a heinz 57 mixed with boxer etc...
    He told the HOA manager that I said he was a pit bull and never laid eyes on my baby. We'll I got a letter from my Vet saying he wasn't aggressive and he was a boxer mix.

    We'll my dog isn't fond of other pets and I express that to other neighbors and most understand. There are others living here with aggressive dog's and pit bulls. I have a neighbor who was offended because I asked him to not get on the elevator with me and my dog with his dog because my dog doesn't respond to other dogs well. I currently have a cast on my leg and it would be very hard for me to maneuver with him under my current condition. He was upset and decided to go and report to HOA that my dog lunged at him. That did not happen. If I risk having to move and they asked that I get rid of my dog within 7 days can I sue him for slander. I plan to ask other residents to write a note stating that my dog has never been aggressive with them and never saw him lunge at a person. I have been dealing with them picking at us since I moved in. I would appreciate some direction.Thanks
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Sep 29, 2008, 01:21 PM
    Quote Originally Posted by sandye7 View Post
    I live in Atlanta in a loft condo community. We are allowed to have pets and there are so many different types here. My dog was labeled from the beginning to be an aggressive bread because the security guard who is afraid of dogs said I told him my dog was a pit bull and I didn't tell him that. I said he was a heinz 57 mixed with boxer etc...
    He told the HOA manager that I said he was a pit bull and never laid eyes on my baby. We'll I got a letter from my Vet saying he wasn't aggressive and he was a boxer mix.

    We'll my dog isn't fond of other pets and I express that to other neighbors and most understand. There are others living here with aggressive dog's and pit bulls. I have a neighbor who was offended because I asked him to not get on the elevator with me and my dog with his dog because my dog doesn't respond to other dogs well. I currently have a cast on my leg and it would be very hard for me to maneuver with him under my current condition. He was upset and decided to go and report to HOA that my dog lunged at him. That did not happen. If I risk having to move and they asked that I get rid of my dog within 7 days can I sue him for slander. I plan to ask other residents to write a note stating that my dog has never been aggressive with them and never saw him lunge at a person. I have been dealing with them picking at us since I moved in. I would appreciate some direction.Thanks

    When you say your dog isn't "fond of other pets" and "[your] dog doesn't respond to other dogs well," Is he aggressive and can you handle him? Is he trained?

    Here is the explanation of slander (quoting myself):

    "Briefly - Generally in law libel refers to permanent/written statements and slander refers to non-permanent/spoken statements. Defamation (of character) covers both categories.

    You must be damaged - and prove damages - in order to recover. The statements (either written or spoken) must be false but presented as though they were true and be beyond offensive, derogatory or insulting. Such statement must rise to a level which actually harms a person’s reputation. In general the person making the statement must either know it isn’t true or make the statement without attempting to verify if it is true.

    The defense to defamation is that the information was not presented as the truth (which covers gossip), that the information was never secret (privileged) and was always public."

    If you do decide to sue your neighbor it will come to your word against your neighbor's word - if your dog is uncontrollable and lunged at the other dog, the neighbor thought your dog lunged at him - you might have a problem convincing an Attorney and/or Judge that the neighbor has slandered you.

    I owned apartments and my tenants would not have been happy being requested to stay off an elevator if another tenant could not control his/her dog in that confined space. Is that part of the problem?

    If you are forced to move because of the neighbor's actions you would have damages; in most States dogs are possessions and I'm not sure being forced to get rid of the dog rises to damages.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Sep 29, 2008, 01:30 PM

    Sorry, better hope I don't pick your buidling for my new home, If I were to be told I could not get onto a elevator because you are not able to control your animal, because it is too aggressive, guess what I would be filing a complaint on you myself.

    You either need to get your dog trained, or not have the dog in public where it will be in contract and you can't control him. IE use muzzle or other device if there is a safety issue not able to be controlled.

    And sorry your own description proved the case of a aggressive animal.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Sep 29, 2008, 04:08 PM

    Muzzles can be effectively used for short periods such as going outside to do their business. I had to muzzle one of my small dogs several years ago due to his barking. He was not happy about it but he got over it. If you have a dog who does not get along with other pets I would highly recommend/suggest this to help keep you in your apartment if you don't want to move.

    You may think your pet is nonaggressive, but with a mix like you quoted, I am sure there are some dormant tendencies that have just not surfaced yet and could possibly surface and end up causing someone to be bitten. Dog bites are very painful and are definitely not welcome. Do you have insurance for this dog in case he bites someone? If not, then the muzzle is the cheapest way out.
    froggy7's Avatar
    froggy7 Posts: 1,801, Reputation: 242
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    #5

    Sep 29, 2008, 09:28 PM

    You have admitted that your dog has aggressive tendencies to neighbors. You have asked someone to not bring his dog into the elevator with yours because your dog "doesn't respond to other dogs well". I think that you will have a hard time convincing a court that your neighbor is lying if he says that your dog lunged at him and his dog. And I agree with Father Chuck... it's your responsibility to keep your dog under control, and not to inconvenience other people in your building.

    And a boxer mix is not a dog to be taken lightly if it is showing aggressive tendencies.

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