naddan28 Posted June 10, 2007 Report Share Posted June 10, 2007 Guys, you may remember around 3 weeks ago my cocker pup was attacked by an alsation when on a public footpath. The owner's where on hols and there son was house sitting, who was also walking the dog with his aunty. At the time we reported it to the police and took her to the vets. After the vets, we went to the house of the dog owner and handed the son the bill (he had already agreed to pay previously to the vets visit). Being reasonable, we told the son not to worry about paying immediatly as he will need money for living etc while his parents were gone. My step dad went to see the owners yesterday, who have refused to pay stating that it was our fault and MY dog shouldn't have been of the lead and there dog has no history of violence (even though it bit my brother's friend on the bum and they reckon they are having trouble with another dog owner local). They have also accused my step dad of putting fear of god into his son, which I find amusing as he didn't take any money and not to worry until his parents got back. Unfortunately my parents have dealt with the whole situation and are getting a bit worried about it all. Now obviously I am slightly annoyed with the whole situation and am concidering my options. Legally I am thinking that I would be best pushing for negligance? As the dog walking family members owed a duty of care to the public and there dogs while on public property and by letting a dangerous dog off the lead where clearly people were walking dogs, riding bikes etc. As for the second element of the test, the remoteness of the damage, I also believe that the damage was perfectly foresable as allowing a dangerous dog of the lead on public property it is likely or probable that the dog could attack innocent members of the public. My other option, is to push for the fact the agreement from the son (verbally, as my step dad didn't think to get it wrote down ) would be to state that leaving his son in charge had apparent/actual authority to bind him in contracts regarding the dog and general house maintence. What does everyone else think??? Thanks in advance, Dan Quote Link to comment Share on other sites More sharing options...
Cranfield Posted June 10, 2007 Report Share Posted June 10, 2007 I am not a "legal eagle", but would apply commonsense to this and make the following observations. It seems that both dogs were not on leads and were in a public area. The son could claim his dog was provoked by yours and he had no way of knowing, or would dispute, that his dog was "dangerous". Although your father may not intimidate you, most younger people can always claim to be intimidated by an older person, sometimes truthfully. So any "agreement" he made could be claimed to have been made under some duress and I doubt would be legally binding anyway. If the son hadn't agreed to pay the Vet bills, what would your father have done ? That is the course of action open to him now. I doubt the Police will be interested, so it means a civil action for the recovery of the Vet bill. The fact that both dogs were off leads and "out of control", I think really harms your case. Whatever you decide it is going to mean expense, time, stress and a bad neighbour relationship. It might be best to just forget the whole issue and leave it at that. Quote Link to comment Share on other sites More sharing options...
rarms Posted June 10, 2007 Report Share Posted June 10, 2007 Sounds like it is your word against theirs. Do you have proof it was their dog that did the damage to your one? Does your dog have insurance? Quote Link to comment Share on other sites More sharing options...
naddan28 Posted June 10, 2007 Author Report Share Posted June 10, 2007 My dog had only been just taken off the lead and was 200yds+ away from the alastion which made a bee line straight for my dog as soon as it was in its sight. Sorry also should have said that the aunt of the dog said that "before we let the dog off, we made sure no one was around first." So in my book thats an admission of knowing the dog isn't safe to be off the lead! Dan Quote Link to comment Share on other sites More sharing options...
rarms Posted June 10, 2007 Report Share Posted June 10, 2007 It might be an admission, but unless she will say it again in an interview I would have thought it was still your word against theirs. If you are a member of BASC then ring them, they have a legal department. If not then try your dog's insurer if you have insurance. Quote Link to comment Share on other sites More sharing options...
Hodmedod.one Posted June 10, 2007 Report Share Posted June 10, 2007 I agree with the replies that you have received already. You are very probably wasting your time on this matter. With both dogs off their leads and no totally independent witnesses, it's your word against theirs and you will get nowhere. The plods won't want to know either. Some consolation is the fact that what goes around comes around. Don't get mad, get even Quote Link to comment Share on other sites More sharing options...
naddan28 Posted June 10, 2007 Author Report Share Posted June 10, 2007 thanks guys, I thought as much but its just so annoying. I am more annoyed to be honest that my step dad handled it like a complete idiot. Thanks guys but any other obvious loopholes (dangerous dog act??) please feel free to point out! Dan Quote Link to comment Share on other sites More sharing options...
Cranfield Posted June 10, 2007 Report Share Posted June 10, 2007 I don't think your father handled it like a complete idiot. He seems to have been reasonable and fair, recognising that he (as is being proved now) had no real alternative to the action he took. Quote Link to comment Share on other sites More sharing options...
Pedro Posted June 10, 2007 Report Share Posted June 10, 2007 Civil dispute, waste of time and money. Keep a record of everything that's happened including dates, times and costs etc and wait and see if happens again. Then go to the police. P. Quote Link to comment Share on other sites More sharing options...
naddan28 Posted June 10, 2007 Author Report Share Posted June 10, 2007 I don't think your father handled it like a complete idiot.He seems to have been reasonable and fair, recognising that he (as is being proved now) had no real alternative to the action he took. Idiot is a bit harsh I just wish he had followed my advice about taking written statements etc, would prevent the whole our word against there's we have at the moment! Dan Quote Link to comment Share on other sites More sharing options...
Hodmedod.one Posted June 10, 2007 Report Share Posted June 10, 2007 Civil dispute, waste of time and money.Keep a record of everything that's happened including dates, times and costs etc and wait and see if happens again. Then go to the police. P. And they will do ****** all. Quote Link to comment Share on other sites More sharing options...
lurcherboy Posted June 10, 2007 Report Share Posted June 10, 2007 Putting up posters around the area asking dog owners if they have had any 'difficulties' with a certain dog may draw them out. My original offer of help in collecting still stands Dan. LB Quote Link to comment Share on other sites More sharing options...
LEFTY478 Posted June 10, 2007 Report Share Posted June 10, 2007 Find a pub full of Ex-Kosivan Army Skin-heads and sell the "debt" for £20. OK, so you'll have to pick-up the vets bills, but they'll have to pick-up their teeth. A fair exchange is no robbery. Quote Link to comment Share on other sites More sharing options...
Hodmedod.one Posted June 10, 2007 Report Share Posted June 10, 2007 Find a pub full of Ex-Kosivan Army Skin-heads and sell the "debt" for £20. OK, so you'll have to pick-up the vets bills, but they'll have to pick-up their teeth. A fair exchange is no robbery. Quote Link to comment Share on other sites More sharing options...
webber Posted June 11, 2007 Report Share Posted June 11, 2007 How much is the vets b ill? webber Quote Link to comment Share on other sites More sharing options...
ROBLATCH Posted June 11, 2007 Report Share Posted June 11, 2007 i would say the best course of action to take 1st is to contact the police if possible with a letter from the vet stating the injuries and pressure them to take action (all complaints have to be legaly investigated) and then take the further steps of recovering the vet bill but failing this when and if the complaint does go forward push to have the dog euthanised as next time it could be a child needing hospital treatment or even worse. Quote Link to comment Share on other sites More sharing options...
ozzy518 Posted June 11, 2007 Report Share Posted June 11, 2007 Im afraid that the issue of the recovery of vets fees will undoubtedly only be resolved in the civil court. The police cannot take action against the owner of the offending dog as the only legislation that is available is the Dogs Act 1871 and that does not provide for Dogs attacking Dogs. It would be a different matter if the dog attacked a person or livestock, where a charge of Fail to exercise control of dog would apply. The dangerous dogs act 1991 also will not apply in your case as this legislation, hurriedly brought in by the govermnent without much thought, only applies to breeds of dogs which are specifically designated by the secretary of state to be dangerous, eg Dogo Argentino, Fila Braziliera etc. Quote Link to comment Share on other sites More sharing options...
bullterrier Posted June 12, 2007 Report Share Posted June 12, 2007 My first Bullterrier was attacked by a Border Collie, they`d been sniffing each other & seemed alright till it`s female owner walked up to get hold of it. It then took hold of my dogs ear & proceeded to rag it leaving holes in the muscle around the base of it`s ear. My dog had been discouraged vehemently from any sort of biting / mouthing from an early age so just stood there & took it. I walked up & took hold of the Collie by it`s collar & told it to leave 2 or 3 times & when it didn`t I kicked it`s nuts up to it`s head which had the required affect. I took hold of my dog by his collar told him down, sat on him & put his leash back on. The Collie came back for another go so this time he got an even bigger boot for his trouble. The woman said nought & neither did I, I just wanted to get my dog to the vets to get him looked at. I didn`t ask for the vets bills to be payed etc because I knew that it was my word against hers & if there was any way of getting it to court it would all have been turned around on to me & my dog. The vet said the other dog had been lucky mine hadn`t turned (which I was very proud of him for) otherwise there would have been only one out come. Needless to say I couldn`t let him off the leash anywhere near a Collie after that because he ended up hating them & would have asked no questions if given an oppurtunity after that. At the time we got him there was a massive cull of breeds considred dangerous in Germany where all dogs over a certain height , weight etc were destroyed (apart from German breeds). They tried to get this legislation brought in Euro wide but failed. This led me to do a bit of research on our DDA etc, basically you don`t have a leg to stand, it doesn`t legislate for dog on dog aggression. Quote Link to comment Share on other sites More sharing options...
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