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Ostomy Memories of Huxley the Dachshund

Tue Jul 26, 2022 2:27 am
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SOMETIMES MY PIEBALD DACHSHUND HUXLEY thought he was a pit bull.  As low to the ground that he was, you’d think he’d get a terrible crick in his neck from looking up all the time.  But he was a tough little doggie and, as dachshunds tend to be, very protective.  He kept a wide berth from our cats, just to be on the safe side.  Dachshunds are smart little buggers too.  One day a neighbor of mine came over to do me a favor.  He was a lot handier than me and had plenty of tools at his disposal.  “Whatever you do,” I told him in advance, “don’t try to pet Huxley.  Don’t even reach down to him because he could very well bite you.”  One would think that would have been sufficient warning.  But no, six steps into the house and he reaches down to the dog.  Huxley immediately bit him on the finger, drawing blood.  “Do you not understand English?” I very much wanted to say, but instead I rushed about getting something with which to clean his wound, bandage it, and wipe the blood up off my floor.  Maybe he thought that, being a little dog, Huxley was harmless, and my warning was hyperbole.  Maybe he just forgot, although my warning had been just minutes before the incident.  Maybe he thought that he could charm the dog with his easy-going persona.  In any event, they’re both gone now, my neighbor and my dog.  I really miss the dog.

Tue Jul 26, 2022 5:01 am

It’s always the little dogs ya gotta worry about. 🐶

MeetAnOstoMate - 27,324 members
Tue Jul 26, 2022 6:46 am

Sorry, Henry, but if your dog bites a visitor and draws blood it is your fault not the visitor's no matter what you told him. The court would also hold that view if it had gone there. 

Tue Jul 26, 2022 8:32 am


bowsprit wrote:

Sorry, Henry, but if your dog bites a visitor and draws blood it is your fault not the visitor's no matter what you told him. The court would also hold that view if it had gone there. 

I doubt that strict liability applies here.  That's the point of posting warnings.  Or, if someone visits me while I'm cooking, and I say "Don't touch the stove, it's hot" and he touches it anyway, he's not going to win in court.  The negligence is his, not mine.

Tue Jul 26, 2022 8:54 am


HenryM wrote:

I doubt that strict liability applies here.  That's the point of posting warnings.  Or, if someone visits me while I'm cooking, and I say "Don't touch the stove, it's hot" and he touches it anywa...

Ok. You are the lawyer.

Tue Jul 26, 2022 9:12 am


bowsprit wrote:

Sorry, Henry, but if your dog bites a visitor and draws blood it is your fault not the visitor's no matter what you told him. The court would also hold that view if it had gone there. 

It's your fault even though you gave a warning?!? I'd understand if you had NOT warned the person! Their fault if they ignore the warning, in my opinion!!

Tue Jul 26, 2022 9:25 am


bowsprit wrote:

Sorry, Henry, but if your dog bites a visitor and draws blood it is your fault not the visitor's no matter what you told him. The court would also hold that view if it had gone there. 

The visitor knew the risks about the dog. The owner is at fault for warning the visitor??? If YOU try to pet a dog after a warning, it's not your fault??? I'm really mystified!! That makes the owner at fault for giving a warning!! Stupid!!

Tue Jul 26, 2022 10:03 am

Neighbors fault for not listening and he was in his home so he was protecting his master xx 

Tue Jul 26, 2022 10:42 am


HenryM wrote:

I doubt that strict liability applies here.  That's the point of posting warnings.  Or, if someone visits me while I'm cooking, and I say "Don't touch the stove, it's hot" and he touches it anywa...

They'd probably try to blame you if they got burned by the hot stove!! :rolleyes:

Tue Jul 26, 2022 11:02 am

Personally, I’d just call the guy a dumbass and go on about your day. You can’t fix stupid. 

Tue Jul 26, 2022 11:03 am

Some houses carry a warning: " Beware of the Dog ". Does that relieve them of any responsibility as to how their dogs behave? What if it now mauls a visitor or the postman? Dogs must be socialised at an early age, the more people they are introduced to the less likely it will be that they they bite strangers. Training them to be aggressive only when the need arises is also important. Take a look at my German Shepherd. I have two of them. They have never bitten anyone. My friends show up at all odd hours. The dogs know the difference between a friend and a foe. I have plenty of the latter as well.

Tue Jul 26, 2022 12:32 pm


bowsprit wrote:

Sorry, Henry, but if your dog bites a visitor and draws blood it is your fault not the visitor's no matter what you told him. The court would also hold that view if it had gone there. 

Ah maybe so, but if Henry’s top notch lawyer friend ( whom he walks with in the wee hours) came up with a trespasser/burglar scenario,  as his defense, it might change the verdict. Just sayin’. Call me if you need me Henry I owned a Doxie  for 17 years !

Tue Jul 26, 2022 1:45 pm

Hello HenryM.

Thanks again for another post which brings back a few half forgotten memories.

I am not familiar with American law but over here in the UK there have been several cases where people have issued warnings about their dog’s likely behaviour by posting ‘Beware of the dog’ signs.

The courts tend to view the warnings as an admission of ‘guilt’ in keeping a dangerous dog and it is covered by the punitive measures available in the ‘Dangerous Dogs Act’.

That aside, I’d like to share a couple of many of my own stories about animals biting people after they have been warned.

1)      We kept Jack Russell Terriers and anyone trusting them not to bite were recognised immediately as ‘idiots’. They were of course warned in the same way that you issued a warning about your Dachshund . We found that laughing it off, showing out own scars and saying how much we had learned from the experiences was enough to help ‘friends’ to move on from the incidents.

2)      However, I also kept ferrets. Now, anyone who has been bitten by a ferret will know that it is much more preferable to be bitten by a dog! My ferrets were very friendly and would not ever bite unless they were harmed in some way.  This was the gambit that I begin with when introducing them to wayward teenagers. Most young people heeded the warning and enjoyed playing with the ferrets. One or two (potential psychopaths), thought that they could get away with doing harm to whoever and whatever they liked – especially if nobody was watching at the time of the abuse. Of course the ferrets let go at my request and were quite happy to continue playing with those who did no harm.

This ‘lesson’ was discussed at length from all sorts of angles as I bandaged them up and I hope that the abusers/ bullies took heed.

3)      The third story is a bit more complex as it involves a research study that I undertook some years ago – looking at the way foster-parents used animals (mostly dogs)to educate young people in their care into the love and routines of family life.

The more experienced foster-parents tended to have eventually replaced their ultra-friendly breeds (such as Labradors)with jack Russell’s. When I dug deeper into the reasons for this change – they swore me to secrecy before telling me of the abuse the ‘friendly’ dogs had ‘suffered’ at the hands of disturbed children. The reason for the change of breed was given: ‘That Jack Russell’s  are friendly lively dogs that love to play, but they stand no nonsense when it comes to abuse and they Can and will ‘bite’. However, JR’s tend to do this in a particular way:  They bite hard and swift, but then take up the position of wanting to ‘play’ again – in whatever way the child chooses.

Needless to say, I did not ‘judge’ the foster-parents as not suitable for their task, but felt that they were helping their charges  to learn some valuable life lessons without getting too physically damaged in the process.

It is interesting what can be gleaned from a more ‘scientific ‘(maybe even more reliable) approach to information gathering .

The ‘Law’ tends to hear biased witnesses who are looking to ‘lay blame’. Sometimes, the story behind the incidents are much more enlightening.

Best wishes

Bill

    

Tue Jul 26, 2022 2:06 pm

I once had a roommate who owned a Jack Russell terrier, whenever she'd start fussing at me, it would bite me! I would have to take it for walks daily. She didn't want me to even gently guide it away from what it wanted to get into. She said, "That's pulling on the dog!" I had to let it do what it wanted. One such trip lasted an hour and a half. She told me I was in charge of it, not the other way around! In my head, I said " you don't want me guiding it! What else am I to do?? " 😕😕 😡 I don't like that breed! 😠😠😠  One time she claimed a Kroger employee saw me kick the dog and call it a mf.

Tue Jul 26, 2022 2:54 pm

I might be living in an underdeveloped country but some people do receive justice here. A man who happened to be a lawyer was bitten by a wealthy persons dogs. He went to the police and lodged a case. The wealthy person disappeared after the police came to arrest him. In the meantime, he negotiated with the person who was bitten to drop the case. The agreement reached was that he will donate 12,000 US dollars to an animal shelter and the charges would be dropped. Those who have doubts about the veracity of this story can google it. 

Tue Jul 26, 2022 3:40 pm

While I totally agree with Henry's logic, I know that the law doesn't always see it that way.  We had a dog for a while, a rescue, who turned out to have aggressive tendencies and was also very protective.  Once, just as we were leaving our front door, the mailman was approaching and had already stepped a couple of steps up our front stairs.  Our dog lunged towards him and bit him once in the leg.  That was it for our dog.  He was declared a 'dangerous dog' by our municipality, and we were advised that from that day forward, he would have to be muzzled at all times, when out of our house, even while in our secure, locked, fenced (6 ft.) back yard.  We were told that we would be liable if someone trespassed onto our property, and climbed our fence into our back yard, and got bit by our dog.  It didn't matter if we posted 'no trespassing' and 'dangerous dog' signs on our fence.  I don't know what would have happened here in Henry's example, if the person was a visitor who had been invited into our home and warned about the dog, but I have a feeling we would have been liable.  It doesn't seem fair to me.  But then, I'm a dog lover and I believe in personal responsibility.  If I choose to do something stupid, like Henry's neighbour, or something illegal, like a potential trespasser on my property, I should be the one to suffer the consequences.

Terry

Wed Jul 27, 2022 3:02 am


Bill wrote:

Hello HenryM.

Thanks again for another post which brings back a few half forgotten memories.

I am not familiar with American law but over here in the UK there have been several cases where people...

Sorry, Bill, but a dog must never bite anyone. In your dog's case you admit that he has bitten you in the past and you carry scars of it. Can't say much about a dog that bites its master. You say that posting warning signs are considered an admission of guilt that a dangerous dog is loose on the premises, why are verbal warnings any different? Jack Russell's are bred to make foxes bolt from foxholes so that riding to the hounds  can begin. A cruel sport, but that is that breeds primary instinct every Master of the Hunt has Jack Russell's handy. The fox being a fox builds a hide-out that is fairly easy to enter but hard to exit built on an incline that the Jack Russell finds difficult to tackle.

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