Help, where do I stand?

[Alice]

If your dogs didn't run to the gate barking you wouldn't have this problem. Dogs don't run and bark to say hello.....

true but its a bit much for the dog to get bitten in it's own yard! Many people tolerate their dogs barking when strangers approach the gate as a kind of burglar alarm, me for one.

[pollock]

i honestly thought the title of this ment in relastion to my dogs

[Teddy]

Thank you for all your answers or most of them! Well I phoned the dog warden and guess what???? theres nothing they can do, they only deal with lost and stolen dogs, they did say I could try the police but I wouldn't get anywhere as they are only interested in human attacks by dogs.

We have incurred vets bills and was told to take the owner to the small claims court but don't want to go down that route! Tomorrow I will be making the gate solid and if this person comes past my house again I shall let all my dogs out 13/14 to meet and greet his 2.

[countrryboy]

Making the gate solid is probably the best option (u could attach small weld mesh or rabbit net) but being solid will stop any dogs seeing each other.

I must admit i thought it would be hard to get a decent result for u out off this, u should probably just be thankful more damage wasn't done and ur dog is fine, atleast it can't happen again now when u get the gate done.

If an attack happens and both dogs off leads no matter who or how aggressive 1 dog is and how passive other 1 is, it will always be argued 50/50, not right just got tp hope if it ever happens u can split them quickly and ur dog isn't hurt too much

[Andrew]

The way I'd approach this would be through the County Council but the highways,PROW(Public rights of way) section. firstly determine if the route is maintained at the public's expense, i.e. definitive. The rights of way officer should be able to advise the best way forward.

[Teddy]

Thank you Andrew, the path is privately owned and the owners do naff all to maintain it. Don't think this guy will be walking his dogs past here again somehow!

[Andrew]

Teddy the path (subsoil) may be privately owned but Highway rights still may exist over the surface, Duty of maintenance isn't really in question unless somebody has an injury. if the general public have the right to pass and re pass then the chances are my first suggestion still holds good.If its a private right of access say for occupiers that's a whole different can of worms.
Unless you know the answer I'd still be asking the question