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Help, My Leashed Dog Attacked an Off-Leash Dog!

 Who is at fault if an off-leash dog gets bitten by a leashed dog?

Who is at fault if an off-leash dog gets bitten by a leashed dog?

Help, My Dog Bit an Off-Leash Puppy!

"I'm looking for some insight into a situation that occurred yesterday when we had our dog (a Pitbull/Lab mix) at an outdoor bar where dogs are welcome on leashes. Our dog is fearful of other dogs, so we sat far away from everyone. It was a large field, and we had plenty of space; all dogs there were leashed.

Our dog was tied to the table and lying down. He had just hiked 10 miles with us, and at 10 years old, he was sore and tired.

Suddenly, a couple pulled into the parking lot and opened their car door to let their large Rottweiler puppy out. The puppy came flying directly into our dog's face, who was under the table.

The puppy was just being a puppy—dumb with no manners/dog etiquette—but our dog immediately bit him in the nose and shook him hard—he drew blood, and the puppy was traumatized.

The owners were obviously mad at us; they wouldn't let us help and just got in their car and left, and then we left also - our dog was shaking and had blood all over his face, and we felt horrible for the puppy and don't know how injured he was.

It happened so fast that my wife (I was at the bar) wasn't able to stop it, but I did not feel the need to apologize to this couple. They let their dog run off leash in a field full of strange, leashed dogs!

Aren't THEY at fault?

Is there a way to train a dog not to be aggressive in that situation? He's a rescue and reactive/ aggressive toward most other dogs, though very friendly with people, so we avoid putting him in situations where there's a risk of him being introduced to or confronted by dogs. But not everything is in our control—are we supposed to never walk or take him out in public because there's a chance an off-leash dog will run up to us?

I walk with an air horn when alone with him, and that usually works to stop an off-leash dog in its tracks, but this happened in a flash. I hate that it occurred, but my wife is crying and really upset/guilty about it and has lost trust in our dog because of it.

I personally think—as much as I wish we had the kind of dog who would just be chill and friendly in the face of a dumb puppy like that—that this was a fairly normal animal reaction. Any thoughts would be appreciated."—Eileen

The Emotional Toll of Dog Biting

Hi Eileen,

This sounds like a very unfortunate incident for all those who were involved. As a past owner of a somewhat dog-reactive dog (who inspired me to become a dog trainer), I can empathize with you and your wife's feelings and understand how challenging and distressing situations like this may feel.

You ask some great questions, such as who is at fault in these cases, whether your dog is destined to live a solitary life (the Midnight Dog Walker's Book comes to mind!), and what can be done to prevent future incidents as such.

I will be happy to offer some insights and some general guidance on managing your dog's reactivity and steps for ensuring safer interactions in public spaces, so let's delve deeper into what happened and what steps can be taken moving forward.

Analyzing the Incident

You mentioned that your 10-year-old Pitbull/Lab mix was leashed and lying under the table in an outdoor bar that had leash rules when an off-leash, out-of-control large Rottweiler puppy approached (and invaded your dog's space). Your dog reacted by biting, causing injury to the puppy.

It’s important to note that dogs don't just bite out of the blue for no reason. Several contributing factors often lead to such incidents.

In this case, it seems like a series of factors aligned to create the perfect storm for an incident. Understanding such a combination of predisposing factors can help in managing and preventing future incidents.

The Age Factor

Your dog is considered a senior at the age of 10. As dogs age, their brains and bodies undergo significant changes, which may impact their tolerance levels and lower their bite threshold. This is reflected by the caseload of senior pets referred to veterinary behaviorists due to the onset of behavior concerns.

According to a study involving 62 dogs aged 9 years or older, the following behavior issues were reported: separation-related distress (29 percent), aggression towards people (27 percent), house soiling (23 percent), excessive vocalizations (21 percent), onset of phobias (19 percent), waking up at night (8 percent), compulsive behaviors (5 percent) and aggression directed towards other dogs (5 percent).

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The Fatigue Factor

Another potential predisposing factor to consider is fatigue. After a 10-mile hike, your dog was likely very tired, sore and less tolerant of stressors.

Age, fatigue, and soreness may all be predisposing factors that significantly contributed to lowering your dog’s threshold for reactive behavior.

We must also factor in that, at the age of 10, your dog may also be suffering from underlying issues such as arthritis or other age-related conditions that may increase your dog’s pain level and contribute to increased levels of irritability and reactivity.

Environmental Stressors

Being in an unfamiliar environment, such as an outdoor bar, even if deemed to be “dog-friendly,” can be stressful for dogs due to all the unfamiliar sights, sounds, and smells. As dogs age, their ability to cope with sudden changes or challenges decreases.

The environmental stressor factor may be further exacerbated if the dog is predisposed to being fearful/reactive towards other dogs. The mere fact of being around other dogs, even if they are at a distance, may lead to feelings of stress and unease.

Reactive dogs are often hypervigilant, constantly scanning their environment for potential threats. They tense up upon detecting the mere movement of another dog or the jingling of collar tags, which they perceive as potentially intimidating.

It can be said that reactive dogs are predisposed to develop anticipatory anxiety, where they never really get to relax in the presence of other dogs because they anticipate negative encounters with them.

The presence of other dogs can trigger this anticipatory anxiety, making them feel more on edge and reactive. These feelings are often exacerbated if such dogs have a history of negative experiences with dogs.

Even if you sat at a distance from other dogs, their mere presence in an unfamiliar environment can heighten a dog's anxiety due to the number of potential stressors around him.

Rescue Background

You mentioned that your dog is a rescue. Bless your heart for opening your home to a dog in need! Although we may never know with certainty about their past, rescue dogs often come with some “baggage.”

It can be that they were neglected and not sufficiently socialized with other dogs during the critical period of socialization or they may have undergone traumatic past experiences that may have contributed to shaping their present behaviors.

Abrupt Close Approach

The Rottweiler puppy’s sudden and direct approach effectively turned your reactive dog’s anticipatory anxiety into a real and distressing experience. It can be said that this encounter with the puppy triggered the worst-case scenario from your dog’s perspective. Basically, this is the exact scenario he may have been fearing.

To further exacerbate things, your dog was already in a vulnerable position (lying under the table) and leashed. This cramped setting likely caused him to feel trapped with no escape route, leading to a defensive bite as part of a flight or fight response.

Lack of Social Manners

The young puppy’s lack of social manners, coupled with his/her exuberance, further complicated things. Such a sudden and direct approach left little time for intervention, as incidents like this can happen very quickly.

Last summer, I was dining with friends, and they brought along their dog, who had a history of being very friendly. This dog had spent most of the day walking and exploring the city. We were dining with a family with a five-year-old child who loved dogs and couldn’t stop interacting with the dog.

I warned the child’s parents that the dog was starting to get tired of all the attention and wanted to be left alone. I told the child to not approach the dog anymore since he had decided to lie down under the table next to our legs. The parents reminded the child to leave the dog alone.

At some point, out of the blue, we heard a loud growl followed by crying. The child had slipped under the table and was right by the dog’s face when the dog decided to bite him on the head. There was some bleeding, but fortunately, it was a minor scrape after cleaning the wound. Thankfully, the dog had good bite inhibition and didn’t cause punctures.

Children, like intrusive puppies, are often bitten for similar reasons. They are exuberant, approach dogs in a way that is perceived as threatening or intrusive, and do not fully grasp the concept of personal space.

Presence of Resources

Something else to consider is that when a dog is lying under a table, it may also be protective of some resources, especially if the dog is prone to that.

Resources may be the presence of food on the table or the mere presence of the owners in cases of dogs who resource guard owners.

Some dogs may also become territorial when they are lying down in a spot for a prolonged period of time, perceiving the area as their "safe turf."

Owner Management Factors

While your dog was properly leashed and secured, the Rottweiler puppy was obviously not. Not only was the puppy not leashed, but he/she was also out of control. This obviously played a significant role in the incident.

The outdoor bar apparently had a policy requiring dogs to be leashed. This policy was intended to ensure the safety of all guests and prevent incidents.

The Rottweiler puppy’s lack of a leash violated this policy, creating an out-of-control situation and increasing the risk of confrontations and accidents.

Sometimes, despite all our precautions, accidents among dogs still happen

Sometimes, despite all our precautions, accidents among dogs still happen

If My Leashed Dog Attacked an Off-Leash, Out of Control Dog, Who’s at Fault?

This is a good question, but it is rather tricky to answer, and the best person to answer this question is a legal expert.

Generally speaking, the expected, common sense answer is that the responsibility falls on the owners of the off-leash dog, especially in an area where leash policies are in effect, but things can sometimes get tricky because there are various other factors that need to be considered. Here is just some basic info about dog-to-dog bites and factors that may be at play.

Local Laws

Every jurisdiction may have different laws concerning leash requirements, dog owner responsibilities, and liability for dog bites.

Location

The location where the incident takes place can play a role in determining who may be at fault. Did the bite occur on the dog owner's private property or did it happen on a public road?

Leash Laws/Policies

Were there leash laws in place in the location where the bite occurred? Every municipality has its own laws. Even in areas where there are no leash laws, there may be ordinances that prohibit a dog from running at large.

On Leash/Off Leash

Having a dog on leash demonstrates a sense of responsibility; whereas having an off leash dog may be considered negligence for not controlling the pet.

Provocation

If the approaching dog engages in problematic provocative behavior, such as being excessively intrusive or aggressive, a leashed dog's response may be perceived as a natural defensive reaction.

However, it looks like, sometimes if the dog exhibits disproportionate aggression, that goes beyond a reasonable defensive response, the owner of the leashed dog may still bear some liability, especially if there is a known history of aggressive behavior.

Behavior History

If a leashed dog has a history of aggressive behavior, its dog owner may be expected to adhere to a higher standard when confining the dog in its property and when out and about in public places. There are also dangerous dog laws to keep into consideration.

Not Always Automatically at Fault

The fact that a dog is off leash, doesn't automatically make it at fault in every single situation. As seen, there can be various nuances to consider.

For example, I know of a dog trainer who had to appear in court to defend a client’s dog, which she had known since a puppy and personally trained. Like your dog, this dog happened to bite another dog who approached off-leash, but in this case, the small dog was lunging and barking at the leashed dog, and the bites sustained were life-threatening (luckily, the dog made a full recovery).

The veterinary bills were presented in court as proof of the extent of the injuries sustained by the small off-leash dog. The dog trainer tried to defend the client’s dog, considering that the client was abiding by local leash laws and the small dog was acting provocatively.

Yet, the leashed dog’s owners were held partially responsible based on the fact that their dog shouldn’t have caused such severe, life-threatening injuries.

A disclaimer is warranted here: the above scenarios, links and examples are just general information and do not constitute legal advice for anybody's specific situation. These are just some general insights on cases involving off-leash/on-leash dog incidents and how things may get tricky sometimes.

Always consult with a qualified legal professional for customized advice tailored to your specific circumstances. Every case can be different and influenced by a variety of circumstances which may vary from state to state.

For example, here is some general info on Who is responsible if a dog bites another dog in Washington State, while here are some rules on dog-to-dog attacks in the State of California.

In Texas, according to this lawyer, if there’s no past history of dog bites, there generally is no liability for the first dog bite; however, if the dog happens to bite again, there could be liability for that bite.

Preparedness Is Key

There are chances that the puppy owner rushed the puppy to the vet and then decided to ask for reimbursement for the bill or threatened to bring the issue to small claims court. It's therefore best to be prepared.

Document everything now, since memory tends to fade as time goes by, and seek some preliminary legal advice.

Consider the possibility that you may be asked to pay a portion of the vet bill if the puppy turns out to need vet care.

Check your homeowner's policies as damages to personal property caused by a dog may be sometimes covered (legally dogs are considered personal property). Consider that some policies may have exclusions for certain dog breeds or if a dog has a history of aggression.

A professional animal lawyer in your jurisdiction can provide tailored legal advice based on individual circumstances and local laws.

The Importance of Managing Reactive Dog Behavior

The following are several insights into managing reactive dog behavior and preventing future incidents. However, consider that the safest approach is working alongside a professional.

Use a Muzzle

If our dog is reactive towards other dogs, and we are concerned about too close approaches, it may be helpful to have the dog wear a muzzle when out and about in public places where possible close encounters are possible.

Even if the instances of another off-leash dog approaching in a similar way may seem remote, consider that there are also incidents involving leashed dogs.

Some dogs are kept on very long leashes (think retractable leashes or long lines) and it may be difficult for dog owners to control their dog’s behavior.

Sometimes, a dog on leash may pop up suddenly around a corner or the leash may slip out of an owner’s hand. Cases where dog owners fall and lose their grip on the leash, leading to incidents if their dog ends up approaching another dog, are not unheard of.

Nowadays, there are bite-proof basket muzzles that can be comfortably worn. Dogs can be habituated to wearing these muzzles by using a step-by-step approach. The process can be turned into a fun game where the dog can be cued to voluntarily insert the nose in the muzzle.

Although, in this guide on training a dog to wear a muzzle, I am using a nylon muzzle, the process is similar regardless of the type of muzzle. Have a professional guide you through the ideal type of muzzle for your dog and help your dog through the habituation process.

A Part of Your Backup Plan

Please note: while muzzles can help prevent dog bites, it's important to still practice caution. I like to compare the use of a muzzle to a spare tire: it's great to have in case of an emergency, but you obviously don't want to drive around with a nail in your tire, hoping it holds up!

Therefore, a muzzle should be just part of your backup, not your main plan. Act as if it's not there, steering your dog away from overwhelming triggers and keeping the ride smooth and safe!

 Use a muzzle responsibly!

Use a muzzle responsibly!

Is There a Way to Train a Dog Not to Be Aggressive in a Similar Situation?

To answer your question, yes, it is possible to work on a dog’s reactivity. The saying “You can teach an old dog new tricks" applies to behavior modification as well.

Addressing reactivity cases often involves a thorough physical examination, management, desensitization and counterconditioning, and training alternate responses. Let’s briefly go over some basics.

Physical Examination

When a dog bites or acts aggressively, it is always wise to have the dog see the vet to exclude potential medical causes that may be lowering a dog’s threshold for biting.

For example, in some cases, achy joints can make a dog more likely to bite because it increases irritability and it hurts too much to move away from a trigger.

Management

Management entails taking steps to prevent the dog from being exposed to situations that cause anxiety and stress. The goals of management are several:

  • It prevents the dog from rehearsing problematic behaviors
  • It prevents situations where your dog might feel threatened or overwhelmed
  • It reduces the dog’s level of stress and preempts a potential trigger-stacking effect
  • It reduces the likelihood of a dog-to-dog bite (and human-to-dog bites, considering the risks for redirected aggression)

All of this helps create a safer environment and helps pave the path toward positive behavior change. In a case like yours, a strategic management plan may entail the following: (I know you have been applying several of these approaches already).

  • Being vigilant (with reactive dogs, we need to be their eyes and ears so as to prevent mishaps)
  • Keeping your dog on leash (avoid long leashes such as retractable leashes or long lines in public settings)
  • Keeping your dog at a distance from other dogs (the ideal distance keeps your dog under threshold as much as possible)
  • Observing carefully your dog’s body language for the most subtle signs of hypervigilance/stress/tension (if any signs manifest, your dog is too close to other dogs for his comfort)
  • Having your dog wear a muzzle (a must in public spaces or anywhere there are chances of encounters with dogs)
  • Having your dog wear special gear that warns other dog owners to keep distance. I like to use a reactive dog vest during the training process.
  • Creating physical barriers (an extra option to reduce the likelihood of unexpected approaches, such as quickly opening an umbrella in the direction of an approaching dog)
  • Having a plan in place if things still go wrong (e.g., training your dog to fluently attend to a cue so that he can ignore the approaching dog/ tossing treats toward the approaching dog to garner space)

Please note how a combination of these strategies is advantageous as it provides multiple layers of support, ensuring there are backup measures in place in case one approach fails.

Precursor Signs of Increasing Stress in Dogs

understanding-behavior-changes-in-dogs

Are Walks Out of the Question?

Walks may still be possible, but it's important to implement some changes so as to reduce stress levels and increase safety. We already discussed the importance of wearing a muzzle.

Being extra vigilant and having a plan in place to quickly and calmly address the situation is important. When walking reactive dogs, I always like to carry with me a can of Spray Shield.

While this may not be 100 percent effective in deterring certain types of determined dogs, it has helped me fend off a pack of angry Chihuahuas who were running in my direction when walking a reactive Chessie, and it stopped a javelina from approaching my dog on a trail in Arizona.

Here are some further general tips for walking fearful/reactive dogs:

Fearful/reactive dogs can be still walked with some extra precautions

Fearful/reactive dogs can be still walked with some extra precautions

Desensitization and Counterconditioning

When combined, desensitization and counterconditioning work in synergy, allowing your dog to be gradually exposed to triggering stimuli while changing the emotional response.

  • Desensitization entails gradually exposing the dog to structured setups at a level that doesn’t elicit negative emotional responses or evoke undesirable behaviors. The goal is to gradually increase the dog’s tolerance levels in a stress-free way through very controlled exposures. This requires careful monitoring of the dog’s body language and progressing at the dog’s pace so as to ensure the process remains smooth and positive.
  • Counterconditioning entails changing a dog’s emotional response to the triggers presented in a controlled and consistent manner by pairing the appearance of the trigger with something positive (such as high-value treats). The objective is to replace the negative/fearful reactions with more positive ones (I like to aim for a positive conditioned emotional response). This requires correct timing and paying careful attention to the dog’s body language.

Training an Alternate Response

As the dog’s emotions change and the dog is more comfortable, it is possible to train the dog to perform alternate behaviors in the face of an emergency situation such as an off-leash dog approaching.

For example, a dog can be trained to walk behind the dog owner readily and stay there until the owner takes care of the situation or to maintain eye contact with the owner and ignore the approaching dog.

It’s important to note that this is a higher level of training. It requires fluent, steady, fast responses and consistent execution. It is not an easy or quick fix, as it demands a significant investment in time and commitment.

Dogs may not always respond in the hoped-for manner. Each dog is unique, and their progress can vary widely. Some dogs may take longer to develop coping skills, while others may not fully overcome their reactivity.

This variability necessitates having a backup plan in place to ensure safety and to help manage unexpected situations effectively.

Consult With a Dog Behavior Professional

In some cases, particularly with older dogs, or dogs with significant behavioral challenges or having entrenched rehearsal histories, the least cost- effective and energy sparing strategy may be to prioritize management strategies through the use of muzzles and avoidance of risky areas over extensive behavior modification training.

We must also consider that older dogs who are set in their own ways may find the process somewhat disruptive to their routines or tiring. However, just because a dog is older or has a strong rehearsal history doesn’t make behavior change impossible.

A gradual integration of behavior modification techniques as the dog becomes more comfortable or as their condition allows may be feasible and can potentially help develop the dog’s ability to handle various situations over time.

Consulting with a dog behavior professional is therefore the best option considering that every behavioral case is different. The professional may provide insights and create an individualized plan based on a variety of individual factors.

A professional can also assess the dog, help maintain safety and prevent some important behavior modification mistakes that can create setbacks and put a dent in the behavior modification process.

Look for a credentialed professional such as a board-certified veterinary behaviorist, certified applied animal behaviorist or a certified professional dog trainer adhering to force-free behavior modification methods.

Please Be Kind to Yourselves!

It’s unfortunate, but accidents involving dogs such as dog-to-dog bites can happen and are a part of sharing life with our canine companions. Dogs, just like people, may sometimes react unpredictably under certain conditions. The risks can be higher when dealing with rescue dogs with unknown histories and random, out of control, off-leash dogs encountered in public spaces.

I will never forget that day when my male Rottweiler growled and snapped at a young neighbor’s child who was playing just a few feet away from him. Despite my close supervision, this child managed to trip and ended up falling right in his path, putting her so close to his face.

My dog’s reflexive response to her sudden fall towards him was to react, but fortunately, nothing happened. I still cringe at the thought of what could have happened, though, but that was surely a teaching moment for me.

From that day on, I decided it was best to keep him safely behind a barrier whenever small and clumsy children visited, as anything unexpected could happen.

The moral of the story is that while it’s natural to feel upset, especially when emotions are running high, it's important to remember to be gentle with ourselves.

By reflecting on the situation, understanding what led up to the incident, and then taking a proactive approach, it is possible to take steps to prevent similar occurrences from happening in the future.

A veterinary examination and the implementation of management, behavior change strategies, and training can help a dog become more comfortable and less reactive around other dogs.

Joining support groups and forums addressing canine reactivity and sharing experiences with others enduring similar situations can be helpful. The Muzzle Up Project offers several tips and resources on the website and Facebook page.

Moving Forward

Remind yourself and your wife that your dog’s reaction was not unexpected given the circumstances, and then focus on the steps you can take to move forward positively. Work on rebuilding confidence and trust in your dog through controlled settings.

Remember that while this situation is difficult to navigate and the fresh memories are still painful, this experience offers an opportunity to learn and grow, becoming a pivotal teaching moment in managing our dog’s behavior and preventing future incidents.

I hope this helps provide some clarity!

Best wishes,

Adrienne

References

  • Landsberg G, Araujo JA. Behavior problems in geriatric pets. Vet Clin North Am Small Anim Pract. 2005 May
  • Veterinary Information Network: Stress and Anxiety - How Do They Impact the Pet?
  • Scientific American: Mental Rehearsals Strengthen Neural Circuits
  • Behavior: A Guide for Practitioners Kenneth M. Martin DVM, Julie K. Shaw RVT, KPA CTP, VTS (Behavior), in Veterinary Clinics of North America: Small Animal Practice, 201

If your puppy or dog shows signs of potential aggression (lunging, barking, growling, snapping, biting), please consult with a dog behavior professional for direct in-person guidance. Articles, videos, and general information provided online are not meant to replace in-person training/instruction. By using this service, you are waiving any liability claims or other types of claims related to any of your dogs' behaviors against you or others.

© 2024 Adrienne Farricelli CPDT-KA, Dip.CBST

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