Quizzes & Puzzles2 mins ago
A Friend Dog Has Bit My Sons Lip.
So while out today, my 10yo son was playing my my friends lovely dog. They were playing ball and as he went to pick it up as it was rolling to to him the dog went for it also and ended up catching my sons lip. It’s made quite a mess. We’ve obviously brought him to hospital where the nurse advised they have to report it to the police. It was a complete accident and my son has said that himself. We both feel awful about the dog having to be reported. My question is what will happen to the dog? She’s the sweetest gentlest soul. And my son and I are heartbroken that it’s come to this!
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For more on marking an answer as the "Best Answer", please visit our FAQ.//…any dog that bites a child is presumed to be 'dangerously out of control' and the hospital has a duty to report dog bites to the police.//
The Dangerous Dogs Act does not so clearly define whether a dog is “Dangerously out of control”, Barry. In fact it says this:
“For the purposes of this Act a dog shall be regarded as dangerously out of control on any occasion on which there are grounds for reasonable apprehension that it will injure any person or assistance dog, whether or not it actually does so…..”
The only distinction it makes regarding the severity of the offence is whether the dog injures any person (not restricted to a child) whilst being out of control. If it does the owner and/or person in charge of the dog commits an aggravated offence and is liable to a stiffer penalty. Case law has determined that a dog being “dangerously out of control” is not strictly restricted to this definition but that a court can also take account of the normal understanding of that phrase. If the allegation is disputed it would be for a court to decide that as a finding of fact.
Hospitals are not compelled by law to report dog bites to the police. But most of them have a code of practice which instructs staff to do so. Again, this is not normally restricted to bites to children.
The Dangerous Dogs Act does not so clearly define whether a dog is “Dangerously out of control”, Barry. In fact it says this:
“For the purposes of this Act a dog shall be regarded as dangerously out of control on any occasion on which there are grounds for reasonable apprehension that it will injure any person or assistance dog, whether or not it actually does so…..”
The only distinction it makes regarding the severity of the offence is whether the dog injures any person (not restricted to a child) whilst being out of control. If it does the owner and/or person in charge of the dog commits an aggravated offence and is liable to a stiffer penalty. Case law has determined that a dog being “dangerously out of control” is not strictly restricted to this definition but that a court can also take account of the normal understanding of that phrase. If the allegation is disputed it would be for a court to decide that as a finding of fact.
Hospitals are not compelled by law to report dog bites to the police. But most of them have a code of practice which instructs staff to do so. Again, this is not normally restricted to bites to children.
I suspect the hospital are motivated by the threat of a Court Case arising from such an injury and need to cover themselves from the greedy Blame&Claim Brigade.
One of these NoWinNoFee rogue barristers could make a case against the hospital (for not reporting it) with intent to get greater damages.
By reporting it, the hospital become invulnerable from such an attack.
One of these NoWinNoFee rogue barristers could make a case against the hospital (for not reporting it) with intent to get greater damages.
By reporting it, the hospital become invulnerable from such an attack.
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