Dog Bite Liability

[Milosevic]

Hi, my dog was attacked in the park today resulting in an emergency trip to the vets and a near £300 bill for me. Neither my dog or the other one were on leads. There was a bit of a scuffle between the dogs initially before my dog chased and snarled at the other dog. I apologised to the owner and he said '' no, no it wasn't your dogs fault, Archie (his dog), needs another dog to tell him off as he's a pest'' We thought no more of it and continued our walk. On putting my dogs lead on about an hour later, we noticed blood on his back leg, closer inspection revealed a very deep wound down to the muscle. We went straight to the vets. My question is can I expect the owner of the other dog to contribute to the vets bill? Also can I claim on my pet insurance? The vet nurse says I'd have to claim using third party liability off my insurance but having read the small print it doesn't seem to apply in my case. Any help appreciated, thanks!

[jennyjoan]

No answer for you Milo - but I was always surprised Mr Harv was never attacked cos he just went up to every dog - big or small - sometimes massive - but no no attack.

[bednobs]

surely you CAN claim on your pet insurance? your dog has an injury that needed treatment. WHat else do you have insurance for?

[Zacs-Master]

Of course you can't claim as you were not in charge of your dog.

[woofgang]

Check your pet insurance, some insurance specifically excludes injuries caused by dog fight as opposed to unprovoked attack. As both your dogs were off lead and your dog chased the other dog, I can't imagine why you think that the other dog's owner should pay any part of your vet bill. Third party liability would be if the owner of the other dog came to you for money.

[TonyV]

If your dog was of the lead, you had no control, so think you will have to pay vets bill or 50 /50 with the other unleased dogs owner

[Milosevic]

My dog only chased the other dog in retaliation for being bitten by him. The other dog came running over to my dog in an unprovoked attack, my dog at the time was peeing up the tree,woofgang. My dog has never snarled at another dog in the way he did then and we meet dozens of other dogs daily.

[TonyV]

My dog always has a muzzle on when she is being walked - often of lead when I consider it safe to do so, but that is my decision and if anything goes wrong then I will accept the comeback

[Milosevic]

As would I , Tonyv, if my dog was at fault. He shows no interest in other dogs or people just preferring to run. We've been in the park hundreds of times without incident.

[BlackadderV]

To have a dog off the lead in a public park, which not only other dogs, but also adults and children frequent is the height of irresponsibilty. The fact that no previous incident occurred is irrelevant. You, I am afraid, are at fault.

[Milosevic]

Me and dozens of others then who use the same park...including the dog who started all of this by attacking my dog.

[Milosevic]

He's a Springer Spaniel by the way, my dog, not a pitbull.

[woofgang]

you initially said there was "a bit of a scuffle", now you say your dog was "bitten in an unprovoked attack" Which is it?

[Peter Pedant]

from the web:

http://www.lawontheweb.co.uk/Animal_Law/Dog_bites_dog_law

which appears to be standard UK law - the only thing it does NOT make clear is whether you MUST run your claim on negligence. ( or whether there is another form of action - "the forms of action are dead but rule us from their graves" blah blah blah )

I liked to read of the vet nurse giving legal advice.
I hope we do better

[Milosevic]

My dog, woofgang, was peeing up the tree when the other dog came over, unprovoked and attacked my dog which then resulted in the scuffle I mentioned..ie my dog was retaliating for being bitten. My dog was not taking any notice of the other dog previous to the dog coming over to my dog. The vet nurse wasn't giving legal advice as such I was just asking for her opinion with regard to how I stood with the owner of the other dog contributing to the vets bill. I merely asked as I have no previous experience of either claiming on my pet insurance policy of the moral/legal obligation of the other dog owner.

[Zacs-Master]

Only you have read your policies small print so objective comment is nigh on impossible.

[TonyV]

Maybe your dog was marking another dogs tree?

[TWR]

Milo, from the answer's I've read up to now, Tony has the best with his reply, his dog get's muzzled.

[ummmm]

TWR....that's not going to stop an unmuzzled dog from attacking.

[Zacs-Master]

It wouldn't ummm, but it wouldn't be in any doubt that the OP could have claimed on their insurance.

[ummmm]

Suppose. I bet there's a clause that says the dog must be on a lead though and how do you prove your dog was muzzled?