Its a dog eat dog world.

Ok - now I have to apologize for two things:
First - its been nearly a week since I last posted.  Family and work before blog, I guess.
Second - instead of the promised definition post (which I will put up in the near future) - I have a question that demands a response!

The question, from Shamrockgrl74 is:
"Question for you.... while walking with my dog on leash an off leash dog in a front yard charges and attacks my dog. ( we were in the street) what do you do if the dog was hurt? also how do you handle the dogs owners who are being ( IMO) irresponsible? are there any laws around this?"


The statute on point (at least in California) for situations where a dog bites a person is Civil Code Section 3342(a), which states that “The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owners of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.”


Sadly, I should point out that the law does not treat dogs (and especially your innocent victim dog) as people, but rather as personal property ("chattel" is the proper term I believe, which is not to be confused with "cattle," which are also chattel).  It is unlikely, then, that this statute would apply to your situation.  A look at the other laws on this topic reveal that if a dog bites a sheep, goat, cow, pig, or chicken (productive farm animals) - then you would have a claim under Civil Code Section 3341.  Alas - that code section still does not protect your dog against a dog bite.  


It would appear that your only means of recovering from the owner of the biting  dog would be a claim of negligence.  You could allege that the owner was negligent in allowing his dog to be off leash in a public street, that the law requires the dog to be leashed to prevent injuries to others and their property, and that your property (your dog) was damaged as a result.  Because your dog is not a person, you would be limited to your out-of-pocket losses.  This means that, if your pooch is injured, you could not sue for pain and suffering (or loss of consortium, another personal injury favorite which I will define in a future post but basically has to do with "bedroom benefits") on behalf of the dog.  Instead, you would be limited to recover for your costs in having your dog's injuries "fixed." 


For example, if your dog required stitches as a result of the run-in, you could demand (or at least file a complaint for the recovery of) the costs you incurred in getting those stitches.  You might even be able to ask for lost wages associated with your need to take time off of work to take Fido to the vet.  


I also note, just for informational purposes, that you are always allowed to use deadly force against an animal to defend yourself or another person (or even a cow, horse, chicken, sheep, etc - if on your property).


As a short answer, then - there are not any laws which specifically address a dog bite dog situation.  Your only solution would be to file a claim in small claims court to recover your vet bills for the owner's negligence in failing to keep their dog on leash.