Help, where do I stand?

[Teddy]

Hi All
Saturda my old GSP got attacked from behind our gate in the drive, we live on a foot path so have dog walkers coming past now and then. My dogs could hear some one coming up the lane and went to meat and greet with there usual barking, it's a wooden 5 bare field gate with stock netting attached so the little ones can't go wondering! A collie and a springer run up to the gate Taz the gsp had his muzzle through the stock netting and the ess grabbed his lip and was trying to pull him through, I chucked a shovel at the gate and the springer let go and run back down the lane to reappear seconds later with his owner, i shouted to him that his dog had tried to rip my dogs face off. Right i'll cut the story short, I couldnt see any blood on Taz but yesterday morning when we got up his face one side was very swollen and when we looked ih his mouth he has 2 nasty long wounds on the inside of his lip. Off to the vets and has been given anti'bs for 10 days. Now i've just spoken to the owner of the dog to ask if he would be willing to pay for vet treatment and he was most unpleasant said it was my dogs fault for putting his head through the gate and his dog has just retaliated----his words Dog eats Dog. I was there he wasn't I saw his dog run up to mine barking and snarling and grab my old boy. What can I do please?

[Malfuss]

If his dogs were off lead, he is at fault, as his dogs were not under control at the time of the incident, unless the footpath is specifically a leash free zone.

[pontbeck]

All the dogs were off lead and the dogs in the lane didn't enter the OP's property, so annoying as it is, I doubt you would be able to prove anything should it escalate to going to court.

[Teddy]

Mmmmm it's not really the money it's the guys attitude, I feel like ripping his face off.

[Tungulria]

retaliated??? to what - your GSP breathing??? difficult to prove but given that the owner didn't see the incident instantly suggests to me you'd have cause to claim his dogs were not under control ie. he couldn't see them. Is the footpath council owned and if so might it be worth lodging a call to the dog warden. doubt you'll change this guys mind - seems THAT sort but the warden may be aware of other incidents in which this dog has been involved which may help your cause.

[Penwithian]

Hi Teddy, Its definately a tricky one! Are you a member of any organisations, such as The Countryside Alliance or BASC? Might have a legal advice line that could advise you free of charge?...just a thought. Hope your gsp recovers ok.

[Stevie Swops]

Hi,

It's a crime if a dog is deemed to be "dangerously out of control" in either a public or private place, which includes a neighbour's property, which applies in this case as your dog remained within your domestic curtilage throughout: hence the other dog (or at least its snout) must also have been within your boundaries.

To be deemed "dangerously out of control", a dog must have caused injury or the fear of injury to a person. It may also be deemed, at the discretion of a court, to be "dangerously out of control" if it injures an animal. The maximum penalty for such an offence is £5000 and/or 6 months custody.

The problem in your case is the burden of proof. Given that the other party does not admit liability and would therefore be unlikely to enter a guilty plea, it would be up to you to persuade the police that a crime has been committed and, if it came to a trial, to prove beyond reasonable doubt that the dog caused injury to your dog. In the absence of any evidence (independent witnesses, photography, video?) and relying only on hearsay, a guilty verdict might be difficult to achieve.

An alternative and potentially more profitable route for you might be to inform your local council's dog warden unit. They have the ability to impose a Dog Control Order on the owner if they are satisfied that the attack took place and that it was unprovoked. This control order can, amongst other measures, require the owner to keep the dog on a lead. If the control order is breached, a £50 on the spot fine can be levied and the owner can be taken to court by the council and fined up to £1000.

In the meantime, I would keep a camera or, even better, a video camera to hand to film any recurrences of this behaviour.

SS

[eastie]

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.....

[AJS]

Hi Teddy

I had a similar experience last year when my boy was 14 weeks old, he was on lead when collie ran up and attacked him.

Took it as far as solicitors letters but had to drop it when solicitor advised if they contested it cost could reach £3'000 and even if I won it was unlikely small claims court would award costs.

Not what you want to hear I know but at times life sucks.

[Naj]

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.....

.. and they don't generally run & bark with the intention of fighting.