rotweiller attacked my dog - legal advice

[gk559]

Whilst out walking, a Rotweiller (unmuzzled, but on an extendable lead) ran forward 20 metres and attacked my miniture daschund. Although I was right next to my dog it happened so fast that the Rotweiller had my dog in his jaws and was tossing it in the air.

The Rotweillers owner ran and eventually he realeased my dog. My dog is now in the vets, injected with n morphine and suffering internal bleeding.

Sods law - my pet insurance has run out before Xmas, and the other owner didn't have insurance either.

Now I am going to face a huge vets bill, and the possibility of having to put my dog down.

I have spoken to the Police who state that there is very little that they can do, and a Rotweiller can be in a public place unmuzzled!!

Is there any legal action available to me, to make sure that the Rotweiller is in future muzzled, and that my vets bills are settled by the other party?

Many thanks.

[ladybird49]

were there any witnesses? surely the other dog owner is responsible for the injuries to your dog? i hope someone gives you more information on this , and i hope your little dog recovers xx

[carmalee]

hopefully you've got the correct details of the Rottie's owner and a witness. Don't know about the legality of it but I would act as though there wasn't a doubt in the world that Rottie owner was going to pay for vet's bills. I'd insist on that (perhaps mentioning that if it had been a child Rottie owner would be in huge trouble.) To the best of my knowledge an owner is responsible for the behaviour of their dog in public - had it caused a road traffic accident they would be culpable so what's the difference between causing (serious) damage to your dog. Really hope he/she is going to be okay - how awful for you both.

[carmalee]

just found this it may help. www.doglaw.co.uk/legal/dangerous.php

[lankeela]

Sorry to hear this. I am making enquiries as to the correct way for you to proceed, as the law on dog attacks is very complex. I believe this comes under the Dog Act 1871, which covers a dog being out of control in a public place, but am waiting for confirmation from a contact who knows these things.

There is no requirement for a dog to be muzzled in a public place unless it comes under the jurisdiction of the Dangerous Dogs Act which prohibits certain breeds but the Rottie is not one of them.

It may be that you have to take out a civil case against the owner for the reimbursement of the vets fees (which I believe they should pay as a matter of course).

I will get back to you as soon as I have any information.

I would ask any others on here not to give their interpretation of the law unless they are sure about it. It would be confusing and unhelpful, and while your sympathies are certainly not unwelcome this person needs proper help to proceed correctly. (God that makes me sound arrogant - its not meant to!).

Hope your Dachs makes a full recovery.

[bednobs]

have you asked the otweiler owner if they are going to pay? You may find that they feel very bad (i certainly would) and intend to pay all the vets bills. Certainly if i was in that situation, thats what i would be doing.

[terambulan]

Not rottie's owners fault you were out with uninsured dog. Rottie could have broken from leash, etc. Too many scenarios & extra costs to chase in court.

Your bill, am afraid. Hope the vet isn't too greedy (tell vet dog not insured) and dachy recovers.

[bednobs]

mind you, if i was the owner i would also have rung you by now to at least enquire how your dog is

[carmalee]

lankeela - you're right it did make you sound arrogant, however I take yor point it wasn't meant to be. Perhaps gk559 should be the one to make decisions about the content of postings and what he or she wants to hear. We should be concerned about the correct outcome, not about how one person thinks their's is the only correct advice. Like others, I genuinely feel sorry for what's happened and as a dog owner/lover sincerely hope things work out for the little dog. Having said that, don't want to fall out with anyone either so this was not meant in a snidey way.

[kita1]

The Rottie was on a lead, therefore I doubt if it could be classed as "out of control".

Was your dog on a lead?

If you were in a public place (especially a road) then your dog should by law have been on a lead.

Whatever people think is right and wrong does not make it right or wrong in law.

I suspect the Police are correct and I doubt if you would actually get anywhere in a court of law.

You could contact the dog warden but I suspect that the response would be the same as the police.

[kita1]

By the way "it could have been a child" is no comparison under the law.

Dog on dog attacks are classed totally differently to dog on person attacks.

[lankeela]

What I was trying to get across was that whilst checking up on the procedure, I came across loads of chat group type sites where people were all giving wrong information and saying stupid things like the dog should be put down and Rotts are banned and all dogs should wear muzzles, each of which is totally incorrect and unhelpful to someone trying to do the right thing. I admit that I do not know the correct procedure so have gone to someone who I believe will be able to give the right information. If that comes across as arrogant I am sorry but I want to give this person the correct information and not some addled view of a non existent law.

[Ethel]

As lankeela hasn't updated, I will give my opinion.

Unless the law has recently changed the owner of the Rot is only liable if he knew the dog was likely to attack your dog and neglected to stop him.
He would know the dog would be likely to attack if it has done so before, so if you know this dog has attacked before any statements to that effect would help your case in court.

Contact your local dog warden and see if there is any report of such attacks by this dog; the police also may have a record.
Talk to other dog owners who use that place.

Hopefully this dog owner will do the morally right thing and foot the bill voluntarily

[lankeela]

Ok this is what I have found out. It comes under the Animal Welfare Act which came into force in March 2007, where it is an offence to let a dog be dangerously out of control in a public place. This leaflet gives you details.

http://www.defra.gov.uk/animalh/welfare/domest ic/ddogslawyouleaflet.pdf

It should be reported to the police (which I know you have done, but be more forceful and tell them it comes under the Animals Act 1971.

Also:

"Under the Dogs Act 1871, any person may make a complaint to a magistrates court that a dog is dangerous, or report the matter to the police. If the court is satisfied that a dog is dangerous and not kept under proper control, it may make an order for it to be controlled or destroyed.

The Animals Act 1971 provides that the keeper of an animal is liable for any damage it causes, if he knows it was likely to cause such damage or injury unrestrained.
Dog Control Orders

Dog Control Orders replaced Dog Byelaws in April 2006. Existing byelaws remain in effect until such time as a dog control order for the same issue is made on the same land. Further information on these Orders is available here. "

If you still have a problem with the police taking it seriously contact your local dog warden through the council and get them to advise you.

[lankeela]

Where it says 'further information is available here' it just takes you to the DEFRA website where it only has information on Dangerous and Banned Dogs.

[kita1]

The Animals Act 1971 says:

"likely to cause such damage or injury UNRESTRAINED"

This dog was on a lead (albeit a flexi one) therefore was restrained so any court of law is unlikely to prosecute under this act.

A good soliciter would simply point out the dog was on a lead therefore the Act does not apply.

I think to pursue this in a court would cost more than the vet bill and would take an awful lot of time with very little result, that is probably why the police were unwilling to pursue the matter.

Contact with your local dog warden would be your best bet.

[carmalee]

any news on the daschshound?

[lankeela]

"If your dog injures another person's animal or an owner of an animal reasonably believes that they could be injured if they intervened to protect their animal from your dog then an offence may be committed."

[jules77]

How terrible, sounds like your worst nightmare, I hope you dog makes a full recovery. You have some good advice here, Ann Harpwood may also help.

JUSTICE FOR DOGS
Registered Charity No. 1059356
Founder: Ann Harpwood
Finloren Cottage, Weythel, Old Radnor,
Powys. LD8 2RR
Tel / Fax: [phone]

[woozer]

I think "Ethel" is spot on as usual. There is no point suing someone who has no means of meeting any award made to reimburse your vet bills and possible loss of your dog - so even if the Rotty has attacked before you need to make sure that the owner could pay any award you might get - if they have Home COntents insurance this often has a free Public Liability section which may assist with any Liability settlement - unless of course the dog has previously been deemed dangerous and the policy excludes dangerous dogs.

At least reporting this incident to the police means that there is evidence in the public realm that this dog could be a menace - this will be useful if it attcks again. No consolation for you I know. Good luck to you and I hope you dog recovers.

[garner]

Just to say gk559, hope your little pal makes it ok.It must be awful for your little pal and of course you.Good Luck.g.