polarexpress
Posted : 3/13/2007 4:53:34 PM
ORIGINAL: heidandseek
I already answered this in the behavior section. I will tell you again, the fireman can and may decide not only to sue but to force euthanization.
He may not be able to do anything----never mind force euthanization.
Many states adhere to something called the "one bite rule." Essentially, it gives the benefit of the doubt to a dog if it has never bitten, attacked, scratched, etc. anyone before.
So many times an owner can NOT be found negligent for the first bite unless it was well known that this was an aggressive animal.
I was pretty sure of this, but I looked it up online and this site seems to support what I am saying:
[link
http://www.dogbitelaw.com/PAGES/propensity.htm]http://www.dogbitelaw.com/PAGES/propensity.htm[/link]
Check out the laws where YOU live. There are links on the site. Keep in mind that the site may not be perfect, so check out town laws and state laws in their respective online databases.
In order to put a dog to sleep, the firefighter would need to ask for a court order and that's not a walk in the park. Given the breed of the dog, the nature of the injuries and the circumstances I highly doubt a firefighter would pursue having a 10 pound MALTESE put to sleep.
For one thing, his peers would certainly taunt him and the fire dept. would look very bad to the general public if one of its members had a dog that weighs the same as a gallon of milk killed for defending its home. Local newspapers would need to add pages just to handle the letters to the editor.
Apologize, make nice, get the dog some training and earn a CGC (canine good citizen title) from the akc so your sister's insurance doesn't skyrocket.
Peace.