Location: Michigan, US
Hi everyone, I really need legal guidance to save my foster dog’s life.
I’ve been fostering a dog for four weeks through a rescue based in Alabama, but I live in Michigan. This dog has been adopted and returned twice for snapping—once at a dog, once at a child (no bite, no broken skin, just a snap). In the child case, the adopters immediately put her out in the yard with small children without enforcing boundaries. The kids were smothering her and in her face. In the dog case, the adopters introduced her to two dogs within two days after I told them that she needs slow introductions. The rescue now says they’re going to euthanize her due to liability concerns.
She’s not aggressive. Her behavior is fear- and boundary-based, and it’s improving. She responds to structure, listens to corrections, and has never caused injury. She’s around me, my dog, my cats all day without issue. I’ve offered multiple options to the rescue:
• I’ll adopt her and take full legal and financial responsibility
• I’ll sign a release of liability
• I’ll get her evaluated by a certified trainer
• I’ll get liability insurance
• I’ll do a foster-to-adopt transition with intense screening
• I’ll keep fostering her with continued training
• I’ll privately adopt so the rescue’s name isn’t attached
Despite all of this, they keep saying they could still be held liable if anything happens, even after I adopt her. They’re unwilling to move forward and still want to euthanize.
My questions:
1. Can a rescue be held liable for a dog’s future actions if the adopter signs a contract assuming all responsibility?
2. Is it true that a dog that snaps, and doesn’t bite, must be euthanized in the state of Alabama?
3. Could a lawyer convince the rescue?
4. Are there rescue protections or oversight bodies I can appeal to?
I’m just trying to do the right thing for this dog.
Thank you for any help.
Comments
Just because nobody has gotten hurt yet doesn’t mean the dog isn’t dangerous. It’s proven aggressive twice, toward dogs and children. Children will always be a little too forward with dogs. It’s their nature. Plenty of dogs won’t maim them for it. I get that you love the dog but does blood need to spill before you recognize the risks?
Despite my view, I hope this turns out good for everyone, dog too. But certainly keep it away from children. Please.
Probably a combination of pubic pressure and an attorney.
It’s possible, if it can be proved they knew the dog had issues with aggression.
If the dog has been deemed a vicious dog a court can order euthanasia.
It’s unclear what a lawyer could do here. The dog is the property of the rescue, they can choose to euthanize it.
Again, the dog is the rescue’s property. They can choose to euthanize it.
A rescue can be held liable if a dog owned or once owned by them bites someone. You cannot sign away their liability responsibility to a third party, like anyone besides you that the dog bites.
If you have the money, it would probably be inexpensive to have a lawyer draft an adoption contract releasing them from liability. This could also signal how serious you are about this dog.
I had an aggressive dog who was the light of my life and got around it with training and wearing a muzzle around anyone but me and my SO or close friends. I honestly don’t think the dog you’re talking about is aggressive, that’s different than reactive. This is a reactive response not an aggressive one.
Also, as shitty as it sounds, unless you are in love with this dog, don’t burn yourself out on trying to save a lot of them. Do what you can for this one and if you fail, unfortunately there will be a lot of dogs that could use your help in the future. You kind of have to guard your heart until s/he is actually adopted.
OP, were you physically present for these attacks? If not, you can’t claim they were NBD. And lets be honest: an attacking dog is an unsafe dog, regardless of why they attack. Dogs kill more humans per year than any other animal (besides for other humans)–this is nothing to treat lightly.
Oh man! That’s so unfortunate for the rescue, the dog ran away last night. Can’t find them.
> Can a rescue be held liable for a dog’s future actions if the adopter signs a contract assuming all responsibility?
Possibly, depending on what the shelter knew about the dog and whether anyone could provide evidence linking the dog to the shelter.
> Is it true that a dog that snaps, and doesn’t bite, must be euthanized in the state of Alabama?
An Alabama judge can order the euthanization of a dog if it’s legally deemed dangerous per Alabama’s Emily’s Law.
> Could a lawyer to convince the rescue?
A lawyer would probably be able to draft a liability waiver stronger than your average emailed promise. But a lawyer working for the shelter might just as well advise them to euthanize the dog to avoid the risk.
> Are there rescue protections or oversight bodies I can appeal to?
The cold, hard truth is that, where the law is concerned, animals are property. This specific animal is the property of the shelter unless and until it relinquishes those rights upon adoption. It’s unlikely that any government agency with legal authority would intercede just stop the shelter from euthanizing their own animal that they themselves have deemed dangerous.
Nal
It’d be a shame if the dog happened to run away for a few months…
But honestly… do you really want the liability?
Dog bites in MI are strict liability. Victims can sue under the dog bite law (MCL 287.351) and common law. The owner is liable. Attaching liability to the rescue or a previous owner would be difficult unless the attack occurred shortly after the adoption and the rescue was aware the dog was dangerous and kept this information to themselves.
A lawyer might be able to convince the rescue, but they are probably considering euthanasia because it the least risky option.
The dog has snapped twice, in two different home environments.
You were not present for either situation so you cannot evaluate them.
As a person who has fostered and rescued for 20 years, you are in the wrong here.
I’m guessing this is a pitbull 🤦🏾♀️