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?

[squarebear]

I wouldn't have thought so, as she had let the dog wander onto your property but one of our legal eagles here will confirm.

[fredpuli47]

No. Next!
1)There's no evidence that your dog is dangerous nor that it has shown any propensity to so being.
2) There's no evidence,or no sufficient evidence, that, even if it had been, in law and evidence, a dangerous dog, you failed to control it [Unnecessary to say that here, in , but legally correct , on the face of it]
3)The other party has brought the mischief on herself.It's patently obvious that dogs get into fights, without either animal being ' a dangerous dog'.She has allowed her dog to be in a public place (it must have been in the street to get to your place, surely), unattended, without it being on a lead.That itself speaks of a negligent approach, for such an animal may cause a road accident .never mind get into fights.

[wildwood]

... however, if your dog jumped the fence/gate and the fight took place on the street you and the neighbour may be deemed jointly culpable.

[lankeela]

Did this happen on your property or did your dog get out of your gate? If it was outside of your property for whatever reason then you are liable, and being a Staff would surely get the blame anyway. If I were you I would pay up and shut up or else they might start involving the police and report you for having a dangerous dog, which could result in him having to be put down.

If your dog was in your own garden (fenced in and gate shut) then the other dog must have been loose and got into your garden or did they get hold of each other through the gate, either way the other dog should have been under control.

[lankeela]

http://www.defra.gov....dogslawyouleaflet.pdf

[carmalee]

frankly - if a Staffie got hold of a smaller dog with the intention of killing it then the small dog wouldn't stand a chance. From what the owner said, your dog was provoked ( other dog growling at the gate) - my opinion is that your Staffie showed admirable restraint. Not sure what the law states but it may be worth while pointing this out to the woman.