Dog Attacks

[rsvp]

I've been on line to get some info on this but it seems to be a grey area.
Perhaps someone can give me a simple answer based on fact.
If I'm out walking with my dog and he gets attacked by another how do I stand? Conversly, if another dog comes yapping in his face and he snaps, how do I stand?
Thank you in advance and neither of these scenarios has happened - yet!

[Buenchico]

Assuming that no dog officially classed as 'dangerous' is involved, and that the keeper of the aggressive dog doesn't deliberately set it onto the other one, then no criminal offence is involved.

However Section 2 of the Animals Act 1971 means that the keeper of the aggressive dog (or the owner if the keeper is under 16) might well be held liable to pay for the 'damage' done by his/her dog. (i.e. a court could rule that he/she must pay the other party's vet's bills).

To win a claim for damages, the other party would have to show that the keeper (or owner) of the aggressive dog knew that his/her dog was likely to cause serious damage OR, that if damage was to occur (even though it might not have been regarded as likely), then such damage would be severe.

http://www.legislation.gov.uk/ukpga/1971/22

[rsvp]

thank you for that buenchico - wanted to know because my new rescue dog is fearful around other dogs as he's been set upon by other dogs.

[jourdain2]

We had a problem with this a few weeks ago, r.s.v.p.. Having moved into the area from a very, very rural area in France (the occasional tractor passed by) we have kept our small, rescue dog (100% terriers of various sorts) on the lead on our walks around the village where we now live.

My husband was walking Tyke past a gate leading onto a livery stable when a dog appeared from behind a hedge, shot back bringing 4 friends with him, all of whom attacked our dog (still on lead). We now have a traumatised dog who attacks any other dog on sight! (Who can blame him?) It is making our lives a little difficult at times.

It was a very unfortunate incident. I do not feel I can blame the owner - a field away, but if I had incurred vet's fees I would have gone to her to pay them.

I'm really in your position, but now (through no fault of my own) I feel that I would have to be the one who paid any vet's fees if he bit another dog.

If another dog came yapping in his face, however, the owner would deserve to have to pay any fees. It's a tough one. I'm in the middle of trying to re-educate mine, but he is now liable to flip and 'get one in first'.

I wish you good luck :)

[rsvp]

thanks for that jourdain 2 and hope things go well with your dog.
Mac (border collie) has changed so much since I got him 8 weeks ago and has more confidence than he did but is still very unsure in new situations - he particularly dislikes little yappy dogs who rush up to him and can't say I blame him. Luckily I have several friends with non confrontational dogs and one is a collie (so they speak the same language!) and he seems quite chilled when she's around. He's not an agressive dog by any means, he just wants to be left alone and fortunately can be distracted with a toy which he totally focuses on so I make sure I've always got one with me. It's going to be a long haul but he become less fearful given time I'm sure.

[jourdain2]

r.s.v.p. :o) fingers crossed for us both.

[lankeela]

It’s against the law to let a dog be dangerously out of control anywhere, eg:

in a public place
in a private place, eg a neighbour’s house or garden
in the owner’s home

The law applies to all dogs.

Some types of dogs are banned.
Out of control

Your dog is considered dangerously out of control if it:

injures someone
makes someone worried that it might injure them

A court could also decide that your dog is dangerously out of control if:

it injures someone’s animal
the owner of the animal thinks they could be injured if they tried to stop your dog attacking their animal

A farmer is allowed to kill your dog if it’s worrying their livestock.
Penalties

You can get an unlimited fine or be sent to prison for up to 6 months (or both) if your dog is dangerously out of control. You may not be allowed to own a dog in the future and your dog may be destroyed.

If you let your dog injure someone you can be sent to prison for up to 5 years or fined (or both). If you deliberately use your dog to injure someone you could be charged with ‘malicious wounding’.

If you allow your dog to kill someone you can be sent to prison for up to 14 years or get an unlimited fine (or both).

If you allow your dog to injure a guide dog you can be sent to prison for up to 3 years or fined (or both).

You can report a dog and owner to the police or the dog warden.

[whirlyhurly]

Oh, when out walking with my gentle dog, I find I almost need "eyes in the back of my head" keeping watch for aggressive dogs to avoid and changing our route. In fact certain breeds even if they are on the lead we will not pass alongside.

[chaptazbru2]

This is my one worry when walking my lovely, elderly dog and he has in fact been attacked by a loose staffie, not too badly thank God, but I could do nothing as there was no owner in sight and on the same day this dog attacked several others. I think if the owner was around you could threaten them with the police and actually call the police if you knew where they lived and hope that was enough to frighten them them into keeping their dog under control. I do know of someone whose little dog was attacked by a much bigger one and the police did go round to the persons house and warned them to keep it muzzled in future, but not sure if this is common practice. It is a big worry these days as there seem to be so many dangerous dogs around.

[rsvp]

thank you Lankeela for the very full answer -
whirly hurley and chaptazbru - shame isn't it - all we want to do is take our dogs for a safe pleasant walk.
Am just off to take beastie out again now but will stay in the garden this afternoon - he has a couple of acres to amuse himself in so he'll be happy enough while I get on with the veggie garden.