Am i liable?

[hayleegee]

a lady in my street owns a jack russell that is allowed to wander unattended. the other day my daughter didnt shut my front door properly and my 4yr old staffie went into my front garden (without my knowledge) the next thing i knew, my next door neighbour was shouting me and when i went out side she had hold of my dogs collar and the jack russell was bleeding, and needed to see a vet. When i asked my neighbour what had happened, she said the jack russell had been stood at my gate growling at my dog then they started fighting. The jack rusells owner has now presented me with a vets bill for 175.00. Am i liable?

[brenda]

I am not a legal person , but am a dog owner, if her dog wanders on to your property and is bitten by your dog --then tough.I would not dream of paying this bill, and that is what I would say to her. I would also have a word at the local police station and make sure the know your version of the situation .Best of luck .Brenda.
And as an after thought if you see her dogh just wandering in the future let the dog warden know.Uncontrolled dogs are a nightmare all round-eg- traffic , children and so on.

[hayleegee]

just had her son knocking on my door saying 'we have things to discuss' dont think they're going to drop it

[fredpuli47]

No.The woman should be controlling her dog not letting free to cause accidents, foul the pavement or road or get into fights or get bitten by some other dog. She should have pet insurance if she wants to be reimbursed.You wouldn't be liable if your dog had bitten the dog's owner or any other person, on the facts of this case (see my reply to your other post), and your dog biting another dog is a complete non-starter.It's in the nature of dogs to get into scraps or come of worst in canine confrontations. (As one was a Jack Russell and one was a Staffie nobody is surprised by there being a conflict! ) Your neighbour can support your case that the other dog was growling anyway, not that it matters in law, but it's important to show just how weak and factually ill-founded, the owner's complaint really is.

[hayleegee]

just popped a letter through her door stating that im not prepared to discuss the matter any further, her dog approached my dog in my garden and that i am not paying the vets bill

[brenda]

Well done so far.I sincerely hope this will be the end of the matter.please let us all know if you can how you get on. Luck again from Brenda.

[northernmonkey]

I cannot help with the legal side of this, but I will give you my personal advice, as you may find it useful.
- Her dog, should not be wondering around the public streets without a lead, which of course means the russel's owner should be present. The woman in question, is to say the least, lazy for not walking her dog proper, because if she did so, it would not need to be wondering the streets for excersie. Report this woman to the council, probally the dog section would be the best option, and maybe to enviromental health as no doubt it has made a "mess" on the streets, and not been cleared, which is a offence. usually a fine is the proposed penalty. Refuse absolute point blank to pay the amount of which she is asking as HER dog came onto YOUR property and it was something which dogs do, (play, get excited, sometimes minor injurys do occur, although it does seem this little dog was unfortunate.)
Let us know the outcome please!!

[FrankGalvin]

The Jack Russell owner may be able to claim that you (or your daughter) was negligent in leaving the door ajar that allowed your dog to escape. 'But for' ommitting to close the door, your neighbours property (the dog) would not have been damaged.

However you could claim 'contributory negligence' since the probability of damage to the Jack Russell was greater as a result of the owner's failure to keep her dog under control.

So in my opinion (a legal one) there is fault on both sides - probably more on your part since your dog could have damaged her dog even if her dog had a lead on. It is not unreasonable (even with a lead on) to 'forsee' that a dog could approach your gate especially as it is common for walkers to walk their dogs along a pavement - adjacent to gardens and gates. Having her dog 'under control' may not have prevented your dog from biting hers: but it would have if your door had been kept shut.