SI Drama: PLEASE leash/control your dogs, wherever are...
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perukite
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I quadruple the notion exprssed here.
My non-kiting wife came up with me last weekend with our baby - I had it all sorted with toys, blankets, shade, picnic, play pen, etc so she could enjoy the time while I was kiting. Some unleashed dog came up and did a massive diarreah crap about 4 feet from where our baby was playing on the blanket...!! No owner watching their dog to come pick it up.
My wife was like "I don't want to go up there again, there is dog shit everywhere!!!!" What a bummer...
I'm all about animals, but when it gets so lax that this kind of stuff happens - it just ruins it for everyone
My non-kiting wife came up with me last weekend with our baby - I had it all sorted with toys, blankets, shade, picnic, play pen, etc so she could enjoy the time while I was kiting. Some unleashed dog came up and did a massive diarreah crap about 4 feet from where our baby was playing on the blanket...!! No owner watching their dog to come pick it up.
My wife was like "I don't want to go up there again, there is dog shit everywhere!!!!" What a bummer...
I'm all about animals, but when it gets so lax that this kind of stuff happens - it just ruins it for everyone
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Tony Soprano
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Re: SI Drama: PLEASE leash/control your dogs, wherever are...
Humans pick up the hookworm larvae from areas contaminated by dog feces and they penetrate the human's skin just like they would the dog's. Since they don't belong in the human they don't develop into adults but just migrate around in the skin, causing sores and inflammation, until they die. This is a good reason to keep dogs and cats from defecating in playground areas, beaches and other places where people's skin is likely to come in contact with the ground.
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Tony Soprano
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Re: SI Drama: PLEASE leash/control your dogs, wherever are...
3342 of the California Civil Code. This law (a “statute”) makes the owner of any dog liable for the damages suffered by any person who is bitten by the dog while the person is in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner, such as a meter reader.
Section 3342 allows a person to recover damages caused by a dog bite without having to show that the dog’s owner was careless (“negligent”) in any manner. It creates a system of fault without having to prove any wrongdoing, a form of liability that is known in law as “strict liability.” Section 3342 imposes a duty of care on every dog owner to prevent his or her dog from biting persons in a pubic place or lawfully in a private place so as to prevent dogs from becoming a hazard to the community.
The terms of strict liability mean that the dog’s owner is automatically responsible under any and all situations for the injuries inflicted by the bites of his or her dog. An exception however, for example, section 3342 does not apply if the person bitten was a trespasser on the dog’s owner’s property.
Under the legal doctrine of “primary assumption of the risk,” a veterinarian assumes the inherent risk that any dog, regardless of its apparent docile nature, might bite in the course of treatment. The veterinarian determines the method of treatment and handling of the dog and is in the best position to take the necessary precautions and protective measures. Thus, the risk of being attacked or bitten in the course of veterinary treatment is an occupational hazard that veterinarians accept by agreeing to treat the dog. This so-called “veterinarian’s rule” is justified on the basis that, by contracting for the services of the veterinarian, the dog owner stands in a special position with respect to the veterinarian, who receives special training and compensation for the hazardous work of treating dogs.
This “veterinarian’s rule” has been applied to deny recovery for dog bites to veterinary assistants, animal behavior specialists, dog trainers, kennel workers, and dog groomers, the courts holding that the risk of dog bites during treatment is a specific known hazard endemic to the very occupations in which these persons voluntarily engage. However, if the dog owner knew or should have known of his or her dog’s specific vicious propensity to bite, yet fails to inform the veterinarian, veterinary assistant, groomer, or other person of this fact, the owner can be found to have exposed the veterinarian or other person to an unknown risk, and thereby can be held strictly liable for the veterinarian’s or other person’s injuries.
In addition to Civil Code section 3342, the owner or keeper of a dog can be held strictly liable under traditional legal principles (the “common law”) if he or she knows or has reason to know that his or her dog (or the dog in his or her care, custody, and control) has a propensity to bite humans. In such a situation, the dog may be kept only at the owner’s or keeper’s risk. The owner or keeper will be held liable for damages resulting if the dog bites someone, even though the owner or keeper took all reasonable steps and precautions to prevent the dog from biting a person, that is, that there was no negligence or lack of care on the owner’s or keeper’s part in keeping or attempting to restrain the dog. The heart of the action is the owner’s or keeper’s knowledge that the dog possessed the propensity to bite people. Liability in this type of case is based not on the manner of keeping the vicious animal, but the keeping of it at all with knowledge of its vicious propensities. Note that the common law strict liability rule applies to owners, keepers, and anyone else having custody, care, and control of the dog, while liability under Civil Code section 3342 applies only to dog owners.
Section 3342 allows a person to recover damages caused by a dog bite without having to show that the dog’s owner was careless (“negligent”) in any manner. It creates a system of fault without having to prove any wrongdoing, a form of liability that is known in law as “strict liability.” Section 3342 imposes a duty of care on every dog owner to prevent his or her dog from biting persons in a pubic place or lawfully in a private place so as to prevent dogs from becoming a hazard to the community.
The terms of strict liability mean that the dog’s owner is automatically responsible under any and all situations for the injuries inflicted by the bites of his or her dog. An exception however, for example, section 3342 does not apply if the person bitten was a trespasser on the dog’s owner’s property.
Under the legal doctrine of “primary assumption of the risk,” a veterinarian assumes the inherent risk that any dog, regardless of its apparent docile nature, might bite in the course of treatment. The veterinarian determines the method of treatment and handling of the dog and is in the best position to take the necessary precautions and protective measures. Thus, the risk of being attacked or bitten in the course of veterinary treatment is an occupational hazard that veterinarians accept by agreeing to treat the dog. This so-called “veterinarian’s rule” is justified on the basis that, by contracting for the services of the veterinarian, the dog owner stands in a special position with respect to the veterinarian, who receives special training and compensation for the hazardous work of treating dogs.
This “veterinarian’s rule” has been applied to deny recovery for dog bites to veterinary assistants, animal behavior specialists, dog trainers, kennel workers, and dog groomers, the courts holding that the risk of dog bites during treatment is a specific known hazard endemic to the very occupations in which these persons voluntarily engage. However, if the dog owner knew or should have known of his or her dog’s specific vicious propensity to bite, yet fails to inform the veterinarian, veterinary assistant, groomer, or other person of this fact, the owner can be found to have exposed the veterinarian or other person to an unknown risk, and thereby can be held strictly liable for the veterinarian’s or other person’s injuries.
In addition to Civil Code section 3342, the owner or keeper of a dog can be held strictly liable under traditional legal principles (the “common law”) if he or she knows or has reason to know that his or her dog (or the dog in his or her care, custody, and control) has a propensity to bite humans. In such a situation, the dog may be kept only at the owner’s or keeper’s risk. The owner or keeper will be held liable for damages resulting if the dog bites someone, even though the owner or keeper took all reasonable steps and precautions to prevent the dog from biting a person, that is, that there was no negligence or lack of care on the owner’s or keeper’s part in keeping or attempting to restrain the dog. The heart of the action is the owner’s or keeper’s knowledge that the dog possessed the propensity to bite people. Liability in this type of case is based not on the manner of keeping the vicious animal, but the keeping of it at all with knowledge of its vicious propensities. Note that the common law strict liability rule applies to owners, keepers, and anyone else having custody, care, and control of the dog, while liability under Civil Code section 3342 applies only to dog owners.
- robert-g
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Tony Soprano
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Just thought it would be nice to clearify the rules.robert-g wrote:Tony soprano, you had to go there?
I hope you never unlawfully set foot on my property, cause it belongs to my dog!
Your Mail delivery person must love you!
What about the women who had her finger bitten off at Pismo Beach Kite feast.
Gee Robert, you make me feel like I stepped in it. Pun intended.
- cliftoncutshall
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Re: SI Drama: PLEASE leash/control your dogs, wherever are...
One of the things that Makes SI so special is the sense of community rule and social responsibility. This is largely due to Bob's generous and trusting spirit and faith in the wind sports community. We help and lookout for each other and the common good. Keeping in mind that it is still a public (not private) park it is up to all of us there to very kindly and respectfully remind others (speak up) of the unspoken rules and courtesies. Friends don't let friends be RUDE! That includes common sense dog control. I would be very sad to see SI become ruled by harsh regulatory policies. Eventually leading to no kiting?
- GracieMarie
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Re: SI Drama: PLEASE leash/control your dogs, wherever are...
I have one word for you:L.M.G. wrote:(well unless it's Indian Bobs big white dog- Man I want to dognap that beautiful beast, THAT is an AWESOME Dog!)..
L-i-l-y
How quickly they forget.
Gotta go.
Lily needs more Kleenex, you black-hearted icicle. ;)
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Greg
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Re: SI Drama: PLEASE leash/control your dogs, wherever are...
Sorry- Lilly is AWESOME but the fact she bites other pets makes her untrustworthy, Bob's dog on the other hand isn't a killer.....
Last weekend I saw a friends (UNLEASHED) dog attack another dog.... I know this dog and it's history... As much as I like this dog- if it were mine, it would be dirt napping right now...
When it comes to pets there is a time and a place, I have (nor will make) neither the time nor the place.
Sherman Island isn't a DOG PARK, additionally HUMANS have dropped cats leaving feral cats in a bird santuary... This is an UNACCEPTABLE SITUATION for the wildlife.
LEASH YOUR PET, remember your in a WILDLIFE REFUGE, this is NOT YOUR BACKYARD, when your pets run off into the bush they are endangering creatures that LIVE THERE.
Gregory Boyington
Last weekend I saw a friends (UNLEASHED) dog attack another dog.... I know this dog and it's history... As much as I like this dog- if it were mine, it would be dirt napping right now...
When it comes to pets there is a time and a place, I have (nor will make) neither the time nor the place.
Sherman Island isn't a DOG PARK, additionally HUMANS have dropped cats leaving feral cats in a bird santuary... This is an UNACCEPTABLE SITUATION for the wildlife.
LEASH YOUR PET, remember your in a WILDLIFE REFUGE, this is NOT YOUR BACKYARD, when your pets run off into the bush they are endangering creatures that LIVE THERE.
Gregory Boyington
- GracieMarie
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Re: SI Drama: PLEASE leash/control your dogs, wherever are...
Wow OMG, I mean, LMG!
The humor lobe of your brain doesn't get enough blood!
It was A MIRTHFUL comment, nothing more....and it's not necessary to say disparaging things about my dog; she's not killed any dogs on my watch.
Some things may be true, in your opinion.
Blurting them out might be unnecessary.
I could call certain members of your family killers, but it might be considered offensive if I did.
Especially by you and your dehydrated sense of levity.
Man, you are going through a grim time. Lighten up, Beach Captain :(
The humor lobe of your brain doesn't get enough blood!
It was A MIRTHFUL comment, nothing more....and it's not necessary to say disparaging things about my dog; she's not killed any dogs on my watch.
Some things may be true, in your opinion.
Blurting them out might be unnecessary.
I could call certain members of your family killers, but it might be considered offensive if I did.
Especially by you and your dehydrated sense of levity.
Man, you are going through a grim time. Lighten up, Beach Captain :(
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Greg
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Re: SI Drama: PLEASE leash/control your dogs, wherever are...
Torauni-
I understand your humor..
it seems, you don't understand mine- :lol: :lol:
It also seems you are taking my posts a bit to personally, it's not all about you.
A Black-hearted icicle..... Limmi' :D
Anyway, sorry if I offended your dog-
G'
I understand your humor..
it seems, you don't understand mine- :lol: :lol:
It also seems you are taking my posts a bit to personally, it's not all about you.
A Black-hearted icicle..... Limmi' :D
Anyway, sorry if I offended your dog-
G'
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