Yorkshire Pudding Posted January 22, 2004 Report Share Posted January 22, 2004 Bear with me as this will be a rather long waffley post , i'll try my best to keep it consise and to the point. Out walking the Lemmy this morning . I was stood to one side of the path at the back of my house. There are house's oneside , a path and then a ploughed field. The Lemmy was on his leash , as he is comming back from an injury to his leg . A lady was jogging with her black lab , she gets up close the black lab pulls ,she can't keep hold of it . The next thing is the lab has hold of the Lemmy . The Lemmy is screaming . I managed to get her dog off mine , and the lady grabbed her dogs leash. She started to appologise and said that her dog is always aggresive with other dogs. No problem i said no harm done, and she went on her way . After the incident , i began to think about what happened . Her dog should have been muzzled. Anyways after some thought to the matter (all day) I have come to the conclusion that i am going to pop round her house to tell her :- That if the dog is aggresive then it should have a muzzle on .If i am out walking my dog and i spot her dog within 5 yards of the Lemmy , i am going to use as much force as is needed to keep her dog away from mine . If this means teachin her dog with my boots i will . The question is where do i stand on this course of action . I have to say i have never kicked a dog in my life . But if its her dog or mine then it's going to be the Lemmy everytime . If she desides to prosecute do i have a leg to stand on ? Hope it made sense all the best yis yp Quote Link to comment Share on other sites More sharing options...
Cranfield Posted January 22, 2004 Report Share Posted January 22, 2004 I would agree that if her dog is agressive (by her own admission), it should be muzzled. The correct thing to do, would be to ask her if she is going to walk/run her dog in public areas, could she please muzzle it. You could also mention, that if there had been any damage to your dog, she would have been liable for the veterinary costs and they aren,t cheap. What would have happened if you had been walking with a young child ? Hopefully, she will see sense and buy a muzzle. If her response is negative, I would contact the local Police and relate your story. They might go and have a word with her. You know its not the dogs fault. Its the owner that wants a kick. Quote Link to comment Share on other sites More sharing options...
Deako Posted January 22, 2004 Report Share Posted January 22, 2004 YP, Legally, you are well within your rights to give the dog a kick in the chops. Quote Link to comment Share on other sites More sharing options...
Yorkshire Pudding Posted January 22, 2004 Author Report Share Posted January 22, 2004 Cranners. I agree with you that the owner is at fault as the dog has not been shown any conditioning to other dogs. But at the end of the day the dog is doing the damage . I thought about relating the story to the police , but that would just be wasting my breath . hopefully the lady will see sense and muzzle the dog , but if not i still need to know where i stand , if and hopefully it wont , her dog comes near mine again . all the best yis yp Quote Link to comment Share on other sites More sharing options...
Yorkshire Pudding Posted January 22, 2004 Author Report Share Posted January 22, 2004 Deako ... posted the above post as u were posting ... Cheers for the info . all the best yis yp (Also going to print this page out as it has time an dates on , just incase ) Quote Link to comment Share on other sites More sharing options...
Vermin Dropper Posted January 22, 2004 Report Share Posted January 22, 2004 YP, I had an incident last year with a dog and it's owner, There was two of us working on a front garden, I was stood on the footpath when this lad (18 ish) walked past with a collie type dog, as they passed the dog jumped up and bit my hand like it was posessed. The lad walked off and laughed, in shock, all I could do was ask if I was going to get an apology, he ignored me and walked off. Later an older woman (40 ish) walked past with the same dog, I asked her about the dog and she immediately became abusive, between calling me names she said "what was my hand doing in her dogs mouth" and wanted to see the damage to my hand. As I stepped forward to show her the dog lunged at me, I told her if she didn't control her dog, I would control it for her! As I went to show her my cut hand the dog lunged again so I kicked it accross the pavement. She then balled abuse at me called my mate a ******** gollywog (he's a black guy) and walked home. 5 minutes later her husband came screaming up in his car, shouting the odds how I should watch my back, and I would pay! ( you know the type, shouting out of a barely open window, but wouldn't get out the car to face me.) After stewing over it for hours I decided to go to the police station and give a statement about the abuse and the dog attack. Anyhow, to cut it as short as I can, After I spent 2 hours giving a statement, The woman in question was ordered to give me a full apology, even though she claimed I kicked her as well as the dog. The only regrets I have is a, kicking the dog, and b, this bloody long winded post. As long as it's defence, I think you would be fine YP, especially if you had a word with her first. Quote Link to comment Share on other sites More sharing options...
Yorkshire Pudding Posted January 22, 2004 Author Report Share Posted January 22, 2004 Cheers vd. Hopefully i will never have to carry out my defensive tactics . With a bit of luck i will see the lady concerned tomorrow and have a word with her about muzzle's . all the best yis yp Quote Link to comment Share on other sites More sharing options...
Catamong Posted January 22, 2004 Report Share Posted January 22, 2004 YP, Be careful mate, she could be Royalty...!!!!!!!!!!!! Quote Link to comment Share on other sites More sharing options...
Yorkshire Pudding Posted January 22, 2004 Author Report Share Posted January 22, 2004 HH Lmao .... come to think of it she did have a face a bit like a horse ... lol all the best yis yp Quote Link to comment Share on other sites More sharing options...
red_stag88 Posted January 22, 2004 Report Share Posted January 22, 2004 LAMO Quote Link to comment Share on other sites More sharing options...
F150 Posted January 22, 2004 Report Share Posted January 22, 2004 Just be careful YP, if you go around to her house she might misunderstand your reasons for your visit and could see it as intimidation or harassment. Quote Link to comment Share on other sites More sharing options...
ollie Posted January 22, 2004 Report Share Posted January 22, 2004 The only problem is y.p. if you kick the dog it may become aggressive towards you and you may get a serious bite. I think your well within your rights, if another dog kicked mine i would protect my dog. Quote Link to comment Share on other sites More sharing options...
Deako Posted January 23, 2004 Report Share Posted January 23, 2004 no, no, no......even a dog wouldn't want to bite Y.P. Quote Link to comment Share on other sites More sharing options...
Columbus Polumbus Posted January 23, 2004 Report Share Posted January 23, 2004 This maybe a bit long a reply YP but here goes...... If the dog is agressive and the owner does not have it under control (this includes if the dog escapes from a safe compound etc) into a public place then it "could" fall under the dangerous dogs act of 1991 (think the year correct) in that the owner of said beast must protect the public from any form of potential attack whether it be perceived or a fact. So the fact that she has it on a lead in a public place and when the dog decides to be agressive she fails to keep it under control she is commiting an offence. She has a duty of care to make sure the dog is under control at all times and poses not threat to anyone, this she has clearly failed to do. She would be well advised to have it muzzled to prevent any problems both canine and legal. When tackling a dog who is attacking either you or your property you have the right to defend yourself and your property but you must use "reasonable" force, if you use excessive force you could leave yourself open to prosection. So what is reasonable force, it depends pretty much on the circumstances of the event, theoretically you could dispatch said dog as long as you could defend your actions as reasonable in a court. If you went armed then it is possible your defence would not stand the test as the prosecution would argue intent, ie you planned to do it. but if you hit the dog once and it unfortunately died as a result you could argue you were defending your property / yourself and it wasn't your intention for the dog to die. Think this just about covers it, oh if she has caused you pain or suffering or vets bills you are quite entitled to recover those from her. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.