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Dog attacked my 2 year old daughter.... what are my options?


malkiserow
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The dog was out of control, there is no denying it, the dog was off the owners property and off the lead. In my opinion the owner should be prosecuted, and if they can't build a fence then the dog has to go somewhere else.

 

I owned a border collie, and although he never bit anyone he knocked my young son over twice in his rush to get to the front door, after putting a card up on the vets noticeboard he was re-homed with a family who had teenage kids and was very happy with them. We had him before we had children, and didn't have another dog until the kids were grown up.

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Apologies if I'm repeating what someone has already stated, but I didn't want to read 3 pages of replies....

The breed of dog has no bearing on the matter. Who ever had control or "responsibility" for that dog at the time is the one at fault.

I know there are new laws adding protection for people on private property. But as your post implies that the dog was "dangerously out of control in a public place". I'll stick to that. From what you say, the owner failed to take reasonable steps to secure his dog. Enabling it to come out onto a public area, then onto your private property. (Not withstanding that there are new laws adding to private property...) Having dealt with several similar incidents as a Police Officer, I would say the officer is fobbing you off. As "community resolutions" require a lot less paperwork. But to be objective, perhaps that officer is up to his/her ears in work and stress! However, you are entitled to, and pay for a responsible and professional service. He/she should have told you what ALL of your options were. Then maybe state his professional opinion going on experience. But the decision to want to make a "formal" complaint or not is down to you and not him!

I'm not saying that further on down the line the CPS may not decide to "discontinue" the case due to whatever reason. Usually, if they don't have very good odds on obtaining a conviction! It always puzzled me why certain officers hated "dog jobs", they're a dam sight easier than frauds!! :/

The next time it could cost a child an eye, or scar it for life for all anyone knows!??

Tell the officer you want to make a "formal" complaint, (If you do) and wish the matter to be taken to court if possible.

Ensure that whatever cctv there is available is secured asap! As most modern systems have a hard drive with a 28 day turn around, deleting the previous 28 days. (Some may differ and be more or less than 28 days)

I've only ever known 1 case where a dog was "destroyed" and that was at the owners request! ???

What the courts can do, (If it gets that far) is put rules in place for the owner to abide by to avoid the dog being "destroyed". These can vary widely. But anything from a higher fence, a locked gate, muzzled when in public, and/or a short leash.

Also, don't listen to any **** the officer may give you about the dog being destroyed if you complain. That's VERY unlikely, unless it's a serious injury or it's the 2nd or 3rd time it's happened. It also wouldn't hurt to request that you want it put in your statement that you do not want the dog destroyed, but that you do want OFFICIAL enforcements put in place by the courts, (Not by the Police, as they don't exist!) to prevent any further incidents.

The decision on whether to make a "FORMAL" complaint (A key phrase!) or not, is yours and NOT the officers, it's YOURS, no matter what they say!

Just my opinion, and knowledge as a serving officer until retirement 2 years ago.

atb

Jamie

 

This is very helpful, thank you. Your experience shines through.

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Apologies if I'm repeating what someone has already stated, but I didn't want to read 3 pages of replies....

The breed of dog has no bearing on the matter. Who ever had control or "responsibility" for that dog at the time is the one at fault.

I know there are new laws adding protection for people on private property. But as your post implies that the dog was "dangerously out of control in a public place". I'll stick to that. From what you say, the owner failed to take reasonable steps to secure his dog. Enabling it to come out onto a public area, then onto your private property. (Not withstanding that there are new laws adding to private property...) Having dealt with several similar incidents as a Police Officer, I would say the officer is fobbing you off. As "community resolutions" require a lot less paperwork. But to be objective, perhaps that officer is up to his/her ears in work and stress! However, you are entitled to, and pay for a responsible and professional service. He/she should have told you what ALL of your options were. Then maybe state his professional opinion going on experience. But the decision to want to make a "formal" complaint or not is down to you and not him!

I'm not saying that further on down the line the CPS may not decide to "discontinue" the case due to whatever reason. Usually, if they don't have very good odds on obtaining a conviction! It always puzzled me why certain officers hated "dog jobs", they're a dam sight easier than frauds!! :/

The next time it could cost a child an eye, or scar it for life for all anyone knows!??

Tell the officer you want to make a "formal" complaint, (If you do) and wish the matter to be taken to court if possible.

Ensure that whatever cctv there is available is secured asap! As most modern systems have a hard drive with a 28 day turn around, deleting the previous 28 days. (Some may differ and be more or less than 28 days)

I've only ever known 1 case where a dog was "destroyed" and that was at the owners request! ???

What the courts can do, (If it gets that far) is put rules in place for the owner to abide by to avoid the dog being "destroyed". These can vary widely. But anything from a higher fence, a locked gate, muzzled when in public, and/or a short leash.

Also, don't listen to any **** the officer may give you about the dog being destroyed if you complain. That's VERY unlikely, unless it's a serious injury or it's the 2nd or 3rd time it's happened. It also wouldn't hurt to request that you want it put in your statement that you do not want the dog destroyed, but that you do want OFFICIAL enforcements put in place by the courts, (Not by the Police, as they don't exist!) to prevent any further incidents.

The decision on whether to make a "FORMAL" complaint (A key phrase!) or not, is yours and NOT the officers, it's YOURS, no matter what they say!

Just my opinion, and knowledge as a serving officer until retirement 2 years ago.

atb

Jamie

 

This post and a few others give good advice, so this topic can be closed.

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