Who is responsible in this situation?

Question

A horse owned by me, (but ridden by someone else) was trail riding in State Game Lands, when a third party's Malamute rushed them. The horse kicked the dog square in the head and killed it dead. The owners claim it was an expensive show dog and are understandably upset. The horse is fine. The rider is physically fine, but emotionally shaken.

My stance is the dog was off lead and the dogs owners are to blame.

This happened in Pennsylvania. What do you think?

Answer 1

Ditto to all the answers..not much left to say other than it is unfortunate that some have to learn their lessons the hard way.  Or think it could never happen to them.  

Sad situation for all.

Answer 2

I don't know for sure if there is a leash law where you are so being off the least may or may not be against the law. It seems clear to me that the dog was not only off the leash but out of control of the owners. Leash laws don't only exist to protect people, they exist to protect the dogs who can get themselves into trouble in an instant when not under the control of their handler. While I can certainly see how the dog owners are upset as it must have been very traumatic, they should have had their own dog under control at all times.

If there is a leash law where this happened, it's a slam dunk that the dog was off the lead and the owners are to blame. Poor dog to have had owners that so casually compromised it's safety.

Answer 3

Dog owner is responsible because 1: there is most likely a leash law and 2: their dog was not under control.  If the dog hadn't rushed the horse, it wouldn't have gotten kicked, plain and simple.

Sorry, that situation sucks :(

Answer 4

Does pennsylvania have a dog leash rule? In my state a dog has to be on the leash at all times so if you do have a dog leash rule, then the dog owners at fault.

Answer 5

What a terrible situation for everyone.

The following link provides PA state game land information.

Horses are permitted in designated areas. You stated they were trail riding. I would take that to  mean they were riding on a designated horse trail. The link also states that no domestic animal is "to be released". The dog was off lead and out of the handlers control. The dog owners are to blame. The fact that it is an expensive show dog is irrelevant. It would be the same if it were any dog. The horse acted naturally in a self defensive manner. This is the same behavior any prey animal would use. A fight or flight mechanism that has been ingrained in horses and other prey animals for millions of years.

http://www.pgc.state.pa.us/pgc/cwp/view....

I would like to know the outcome. Good luck to you!

Answer 6

I don't know about Pennsylvania.  But, I  think it is the dog owners fault, also.  Just as Juliane said the leash law. & The dog owner is responsible for your own dogs/animals  where abouts & happenings.  Being a animal owner you know that freak accidents really do happen. & That is part of your responsibility to the  medical costs &/ or loss.

Answer 7

The dog owner is responsible. Their dog was unleashed. I am sure they are upset, but there is a strict leash law in every state. If it was such an expensive show dog they should not have been letting it run loose.  

Answer 8

Nasty situation but if the dog rushed the horse then it was not "under control" so the fault lies with the dog owner.

Answer 9

dogs owner. if they would have been smart they should have brought a leash or not brought it at all because horses can be very unpredictable and dogs can be playful and it would have happened anyway and started running around or anything like that.

Answer 10

I think I'd immediately pay the roughly $100 bucks to go speak with a lawyer, get to know the laws about that area and get familiar with bounds of the area you'll be playing in.

If in a state game area, the DNR might be responsible for setting the law and I doubt there's a leash law broken in a state game area set aside for hunters.  The fact that the dog's a malamute and not a typical hunting dog might help out the plight.  

Here's what you need to expect - the worst?  The dog owner presses charges and sues you for the cost of the lost dog. They also carry the burden of proving wrong doing on your part.  I suspect with "gray areas" evident in this situation and the perception of vagueness in the law, they'd grasp any straws they can.  They'd probably take it on with the idea that you'll lose and the outcome would be you liable to pay the cost of the dog + all court costs.    the best? You never hear from those people again.  

Were it me, I would fully understand the situation: 1. was the rider legally in an area they were allowed to be? (Some state game areas prohibit horses).  If so, then your horse only acted in a defensive manner to a predator.  I would refrain from engaging the dog's owner at all - if they attempt contacting you, politely apologize for the incident perhaps stating that a horse is a prey animal and the dog a predator - the horse and dog were only doing what's natural to them, it's up to the humans who chose to control both animals to keep it as safe as possible.  If they have further issues, they need to hire a lawyer and take it up with them.  Often an unsavory person unwilling to take responsibility for their own part in the fracas will try to browbeat another into submission or try to simple rattle them so bad they give in.  Once you state you wish no further contact and your apologies, if they persist in hammering you, you have a right to contact the authorities for harassment.

Just, in the meantime fully understand your rights within the law of your local area.  If the dog was an expensive show dog, I would think it should be valuable enough to keep controlled and safe.

In a county I used to live in, there was a city park which was totally fenced.  People with horses rode there in hunting season as it was safer than elsewhere.  Often people with dogs walked there or skied there as well.  There were notices all over the entrances stating that each user was responsible for their own animals' safety - riders shouldn't be there with spooky horses and dogs should be kept on leashes.  I one time encountered about 6 dogs running free with a group of people - the dogs were way away from the people - I luckily had a horse I'd taught dogs would run if he turned toward them - he took off chasing them all back - we end up right back at the group of owners.  I and the horse were shaking badly and the dogs had their tails tucked between their legs.  The owners quickly called the dogs, and turned to me ready to snap - I sat there as calmly as I could on my horse and waited for their words.  They all apologized at once and I politely responded that while there was no harm done, I could have been a kid on a horse horribly frightened by those wolf like creatures - I asked if I didn't have as much right to the use of the property as they and asked if they valued their dogs - my horse could have easily overtaken them and stomped them.  They agreed they'd put me and their dogs in danger as well as others in the park.  I got lucky that day, I don't expect to ever again.  today's people are a population of entitled people who rarely take responsibility for their part in any interaction unless it's positive.  We must be prepared to protect ourselves by knowing the law.

Good luck - keep us that answer informed of the outcome.

Answer 11

I agree with you.  That said, around here we are desperately fighting for equine trails in competition for public land use.  the degree to which we can get along with dogs is a huge issue, and the degree to which we complain about them seems to be related to how likely we are to get equine trails put in on newly acquired land.  Some look at the trails as places where dogs can be off leash.  I think it's absurd....dogs should be leashed, and kept from approaching other dogs, horses, or people.  I don't know how it is on game lands, or if there are leash laws?  If I owned an expensive show dog, it would be on a leash if I took it out in public.

I find that the dog owners were negligent.

Answer 12

It's the dog owner's fault.  If a dog charged you, you'd probably kick it in the head too.  Who cares if it's an expensive show dog, if it was that expensive they would keep it on a lead.  There have been many cases like this where a dog attacked a horse and the dog met it's maker.  Horses are not an animal to be attacking, because they will not hesitate to do something.  Hopefully the dog owner has been taught a lesson.

Answer 13

PA has a leash law.  the dog owners are at fault for not being in control of their animal.

Even in state game lands the dog has to be under the control of the owner.  A hunting hound may range freely, how ever the owner is responcible for any injury to the dog or done by the dog to livestock.

I can sympathize with the owners of the dog for their loss, however it is ultimately their responcibility to keep their dog controled. And if they lost a expensive show dog they should have concidered his worth before turning him loose.

Answer 14

Dog owners are responsible.  Almost everywhere you go there are leash laws.  What if the dog spooked the horse and he threw the rider and she died?  That gets a little murkier but I would place blame 50/50. The dog should have been on lead but the rider should have been able to control the horse.  If the dog died as a result of not being on the leash then the dog's owners are responsible.  What if the dog bit the horse causing injury?  The owners are still responsible!  He could just as easily run in front of a car, being driven legally by a driver.  The owners should not have allowed their dog to run free.  The horse was under the control of a rider the dog was not under the control of the owners.

Answer 15

Definatly the dog owners fault.  They took that risk by letting the dog run free.  What if the dog had been bitten by a rattlesnake?  Would the call the State to pay them, since the snake was on their property?

That's rediculous, get a lawyer and tell to address any future problems with them!

Answer 16

It's the dog owner's responsibility to keep the dog leashed and undercontrol.  Check out the PA dog law...

Answer 17

It is the dog owners fault. first of all the dog should be under control and there is a leash law so there is your answer . i am soooooo sorry for your situation

Answer 18

I would say the dog owners are to blame. Horses think on a comfort/non-comfort basis. It didn't hurt the dog on purpose, it was frightened. It probably saw the dog as a threat and acted accordingly.  

Answer 19

Who lets an expensive show dog off leash in an uncontrolled area anyhow?  The dog could have just as well been lost and injured chasing a deer.  I agree with the other posters about consulting a lawyer.  It is unfortunate that most people think that people with horses have tons of money.  In my state, you are responsible for damages your livestock causes.  However, you can also take action against dogs for damaging your livestock.  I think it will be difficult to prove either way, but nonetheless I would consult with an attorney with equine experience.