dog bite

[tom308w]

a question for any solicitors on here .i was walking up the street with my dog on the lead a neighbours dog ran out from there garden no gates on drive and bit my dog on neck needed vetinary treatment. what law has ben brocken 1 failure to keep dog under control 2 dangerous dogs act our 3 is tere a civil law that has been brocken waiting for your replies
atb tom

 

[finnbear270]

Hi Tom, no grounding in law on my part, but this exact situation happened to Mrs Finnbear last year, Our neighbours were informed that they would be getting the bill (After I had paid the vet),............ If they had demurred, I would have introduced the possibility of the plod being involved, along with a suggestion of the fact the local infant school was just around the corner, in our case we had decent morally adjusted types, & they footed the bill. I would guess the fact the dog attacked yours outside the owners property line, would constitute at least a failure to control?

 

[Gazza]

A dog that is known to be dangerous must be kept under proper control. Problem with the situation you describe is the circumstances. If the dog owner knew that his/her dog had the trait of attacking other dogs and just allowed it out to roam albeit in their garden the dog was not under proper control. There is the possibility that somehow the dog has managed to get out the house and the owner was unaware or that the dog has never attacked another dog before.

Either way I would have thought that just to be a responsible dog owner the owner would have offered payment of your vet bill.

 

[mereside]

tom sorry to here your dogs been attacked was it your bmh?. does the owner know what happened i would want to put a stop to it so it doesnt happen to anyone else,atb wayne

 

[stone]

The big problem is that dog fights are common even thou you had your dog under control it still stands at a 6 of 1 and half a dozen of the other
If you could prove they let the dog out on purpose you may hav a chance of the police taking action
Yes you can confront the owners but if they are the sort not to care then basically you are left to foot the bill
The other owners still hav a duty of care but it is still a civil matter not a police one
I hope your dog makes a full recovery and does not suffer set backs because of the attack
My advice is not to walk that way again just incase it happens again and you try to defend your dog
As you could be on the recieving end of the law if it turned nasty
I know it stinks but it seems to be the way

 

[tom308w]

hi wayne yep it was the bmh and when i had been to the vet and wnt to see the person concerned they just said to me i havent got any money for your vet bill £500 as the dog had a gash in his neck anyway why i was asking because i am going to the small claims court and the reply from the court was which law do you think they have brocken
atb tom

 

[mereside]

i would think they failed to keep the dog under control. the very least it should have gates and be secure so the dog cant get out it could be a child next and im not saying its any less because its your bmh as thats as bad but surely they have a duty of care to stop things like that from happening,atb wayne ps what type of dog was it .

 

[stone]

Unfortunately they hav broken no laws
They hav a duty of care but at the time of the attack the dog was on their own property and ventured onto the street because you had walked your dog past
It came to say hi but things turned nasty
A dog fight broke out and you now hav stumped the vet's bill
Sorry it is that simple
Been there got the T shirt
If they can't stump up now or even a proportion of the bill I can't see you ever winning
They will just hav the dog PTS and that will be the end of it
I hope I wrong
Atb

 

[Pheasant Feeder]

I would have thought that their house insurance would have covered it (provided they have some) under the public liability section.
Suspect that when they recieve a letter from the small claims court they will realise. It might be worth giving consideration to sending them a solicitors letter informing them of the damages you have suffered including out of pocket expenses and requesting their insurance details prior to comencing court action so as to show reasonableness on your part.

 

[rooster]

First port of call is telling the neighbours whats happened, they might welcome the chance to do the right thing and pick up the tab.
PS hope Tikka is ok Tom

 

[British Shooting Services]

According to the orriginal post the dog ran out from the garden onto the street and attacked his dog. Clear and Simple, it was not on private property-- Dangerously out of control in a public place-- Dangerous Dogs Act 1991.

I have successfully prosecuted people for similiar offences and there are other bits of legislation that can be used including the Road Traffic Act as it is the owners responsibilty to ensure that animals are prevented from straying onto highways and causing a danger to highway users.

I am not a solicitor, but when I worked for local authority my position was Enforcement officer for all dog related offences. I used to investigate each case, gather the evidence and produce the prosecution files, for which I had to have specialst trianing. Contact Plod and your local dog warden, the least that should be done is for your costs to be covered and possibly a Home Office Caution.

Ade

 

[stone]

According to the orriginal post the dog ran out from the garden onto the street and attacked his dog. Clear and Simple, it was not on private property-- Dangerously out of control in a public place-- Dangerous Dogs Act 1991.

I have successfully prosecuted people for similiar offences and there are other bits of legislation that can be used including the Road Traffic Act as it is the owners responsibilty to ensure that animals are prevented from straying onto highways and causing a danger to highway users.

I am not a solicitor, but when I worked for local authority my position was Enforcement officer for all dog related offences. I used to investigate each case, gather the evidence and produce the prosecution files, for which I had to have specialst trianing. Contact Plod and your local dog warden, the least that should be done is for your costs to be covered and possibly a Home Office Caution.

Ade

Well Tom here is your life line
I hope to hear how you get on
Atb