Dog attack on horse. What can be done?

[angie1]

My horse was attacked by a bull terrier while we were hacking near Wivelsfield, East Sussex, on Sunday afternoon. The dog ran at us from about 50m away, we were only walking and there was nothing which could have been seen as a reason for the attack. My beloved 25 year old pony has serious injuries & I am off work due to injuries.
The police are saying there is nothing they can/will do because the owner says it has never happened before. Given how hard I found it to get them to record the incident, and how many people have now said that they have had near misses, PLEASE can people start reporting things? The next incident could be the death of horse or rider.
If anyone around our area has had an issue with a bull terrier, please let me know.
Thank you

 

[Elf On A Shelf]

The police should be taking it very seriously given that there were injuries involved! It doesn't matter that it has never happened before! What utter nonsense! It should never have happened in the first place. Dogs should be under control at all times - especially in public areas!

Report it to the bhs and insist that the police take it seriously!

 

[Pearlsasinger]

Have you spoken to the Dog Warden about it? Some people may have reported incidents to them, rather than to the police.

 

[The Fuzzy Furry]

Remind the police of their duties?
https://www.gov.uk/control-dog-public

And persue it with your teeth gritted! Unless you pester them, they won't take action. Good luck and sorry to hear about injuries xx

 

[meleeka]

Poor you, it must have been absolutely petrifying. Stories like this make my blood boil. We have laws in this country that presumably took time and effort to create. A lot of them are just ignored and not enforced at all. It’s just not right 😡

 

[Louby]

Someone on my last yards horse got attacked by a bull terrier on a local bridleway, the rider fell off and the horse galloped off the bridleway, down a busy road with the dog in tow and was caught over a mile away needing veterinary treatment. There could have been a serious accident if cars had been involved. It wasnt the first time this dog had done it, the police were informed, nothing came of it despite the owners pestering. They even went to the local paper. I think the BHS have something in place for logging do attacks. Hope you and your horse are ok, its terrifying.

 

[AmyMay]

The police are actually bound to take this seriously.

Escalate it, op .

 

[Pearlsasinger]

I hope at the very least that you are claiming your vet fees on the dog owner's insurance.

 

[paddy555]

I hope at the very least that you are claiming your vet fees on the dog owner's insurance.

this. Do you have any legal helpline cover on your home ins policy? Presumably you have asked the dog's owner to cover your vet and your own costs? what was their reply?

 

[PeterNatt]

I am very sorry to hear of this incident and I hope that you and your horse make a speedy and full recovery.

Please report this incident on www.horseaccidents.org.uk

You need to identify the dog and it's owner and in the event still refusing to take action you can take a action against the owner through the small claims court for any expenses that you have incurred.

If you where in gear of your life or harm then the police are obliged to take action but again you need to identify the dog and owner.

Please see the relevant dog laws below:

Dogs
Microchipping
After 6 April 2016, owners of dogs found by the police or local authorities not to have a microchip will have the benefits explained to them and be given a short period to comply with the microchipping law. If they do not, they will face a fine of up to £500.

Dangerous Dogs Act
The Dangerous Dogs act was updated in 2014. One example is that dog attacks on loose horses in a field are now covered as an offence. Previously it was classed as an offence only when the horse was ridden or driven.

As from May 2014 Dog owners can be prosecuted if their dogs cause injury to a rider on public and private land, including livery yards. It is already an offence under the Dangerous Dogs Act for any dog to be dangerously out of control in a public place. Currently prosecution can only be brought if the dog harms the rider or puts them in fear of being injured.

If you are unfortunate enough to suffer an attack by a dog you should report the matter to the police stating that you where in ‘apprehension of injury’ due to the dog’s actions potentially causing you to be thrown. It can be argued that there was an offence under Section 3 of the Dangerous Dogs Act 1991. The case of R v Nash 2011 at Birmingham Magistrates Court, Appealed to Crown and upheld by HH Judge Faber, held that the offence was complete if the dog’s conduct was enough for the rider to apprehend injury by way of causation.
If the Police still refuse to take action, you should complain to the Independent Police Complaints Commission.

Dogs
Under the Dangerous Dogs Act 1991 a dog owner may be criminally liable if a dog is dangerously out of control in public or private land. The 1991 act only applies to certain breeds of dog. The owner could be sentenced to imprisonment, and the dog subject to a destruction order.
Within the specific agricultural context the Dogs (Protection of Livestock) act 1953 makes it an offence if dogs regardless of breed ‘worry’ (which is defined widely) livestock.
You may only shoot a dog if you have lawful excuse. In essence, the burden would fall on you to show that you acted in the belief that your livestock was in immediate danger and needed to be protected. The assessment of what is a lawful excuse and is reasonable is a grey area, and there may be repercussions if you overstep the mark – not only from the owner but also in terms of animal welfare issues and shotgun licensing. Accordingly exercising your rights is not without its risks.

Compensation for injuries suffered is primarily governed by the animals act 1971. Under section 3 where a dog causes damage by killing or injuring livestock, any person who is a keeper of the dog is strictly liable for the damage. When we talk of strict liability it means that the liability will fall on the on the dog owner without the need to make a finding of fault. As such the law is slanted in your favour. That said, any claim for damages will be strictly governed by ordinary legal principles, for example you will only be able to recover reasonable foreseeable losses and you would have a duty to mitigate such losses. You will need to provide evidence to the market value, costs breeding programmes and so on.
Depending on the nature of your farm, some of the animals kept may extend to non-traditional livestock and, as such , fall outside the legal definition – which is governed by Section 11 of the Animals Act 1971. In this scenario, you would still have recourse to claim damages in a claim of negligence or nuisance, albeit you would have the additional hurdle of proving fault.

UK Law -Dogs (Protection of Livestock) Act 1953
Under the Dogs (Protection of Livestock) Act 1953 it is a criminal offence for a dog to attack, chase, injure or to be out of control around livestock or agricultural land with the dog owner being absolutely liable for damages. Farmers are entitled to shoot dogs worrying livestock in fields.
The law is designed to punish the owner of any dog found worrying livestock on agricultural land.

For this piece of legislation to be used, the dog must be found attacking or chasing livestock or at large, not on a lead or under control, in a field or enclosure containing livestock. An offence is punishable by a fine on the owner or keeper of the dog of up to £1,000.

The Animals Act 1971 can also be used in cases where a dog is caught worrying livestock. It states anyone who is the keeper of a dog that is caught damaging by killing or injuring livestock is liable for the damage. This means the farmer can sue the dog owner for compensation.

Section 3 of the Animals Act provides that where a dog causes damage by killing or injuring livestock (which includes horses) any person who is the keeper of the dog is liable. It is also possible to bring a claim for damages for losses such a personal injury or damage to property under the cat.
A civil claim will be long and stressful but if you are left with significant losses and the dog owner refuses to reimburse you, it may be the only option. You should check home or equine insurance to see if you have legal expenses cover for the costs.

Police can charge the keeper with having a dog dangerously out of control.

In certain circumstances, a farmer or landowner has the right to shoot a dog found attacking or worrying his or her livestock, for example to act for the protection of any livestock if, and only if, either the dog is worrying or about to worry the livestock and there are no other reasonable means of ending or preventing the worrying; or the dog has been worrying livestock, has not left the vicinity and is not under the control of any person and there are no practicable means of ascertaining to who it belongs.

Under the Dangerous Dogs Act 1991 a dog owner may be criminally liable if a dog is dangerously out of control in public or private land. The 1991 act only applies to certain breeds of dog. The owner could be sentenced to imprisonment, and the dog subject to a destruction order.
Within the specific agricultural context the Dogs (Protection of Livestock) act 1953 makes it an offence if dogs regardless of breed ‘worry’ (which is defined widely) livestock.
You may only shoot a dog if you have lawful excuse. In essence, the burden would fall on you to show that you acted in the belief that your livestock was in immediate danger and needed to be protected. The assessment of what is a lawful
Excuse and is reasonable is a grey area, and there may be repercussions if you overstep the mark – not only from the owner but also in terms of animal welfare issues and shotgun licensing. Accordingly exercising your rights is not without its risks.

Compensation for injuries suffered is primarily governed by the animals act 1971. Under section 3 where a dog causes damage by killing or injuring livestock, any person who is a keeper of the dog is strictly liable for the damage. When we talk of strict liability it means that the liability will fall on the on the dog owner without the need to make a finding of fault. As such the law is slanted in your favour. That said, any claim for damages will be strictly governed by ordinary legal principles, for example you will only be able to recover reasonable foreseeable losses and you would have a duty to mitigate such losses. You will need to provide evidence to the market value, costs breeding programmes and so on.
Depending on the nature of your farm, some of the animals kept may extend to non-traditional livestock and, as such , fall outside the legal definition – which is governed by Section 11 of the Animals Act 1971. In this scenario, you would still have recourse to claim damages in a claim of negligence or nuisance, albeit you would have the additional hurdle of proving fault.

UK Law -Dogs (Protection of Livestock) Act 1953
Under the Dogs (Protection of Livestock) Act 1953 it is a criminal offence for a dog to attack, chase, injure or to be out of control around livestock or agricultural land with the dog owner being absolutely liable for damages. Farmers are entitled to shoot dogs worrying livestock in fields.
The law is designed to punish the owner of any dog found worrying livestock on agricultural land.

For this piece of legislation to be used, the dog must be found attacking or chasing livestock or at large, not on a lead or under control, in a field or enclosure containing livestock. An offence is punishable by a fine on the owner or keeper of the dog of up to £1,000.

The Animals Act 1971 can also be used in cases where a dog is caught worrying livestock. It states anyone who is the keeper of a dog that is caught damaging by killing or injuring livestock is liable for the damage. This means the farmer can sue the dog owner for compensation.

In certain circumstances, a farmer or landowner has the right to shoot a dog found attacking or worrying his or her livestock, for example to act for the protection of any livestock if, and only if, either the dog is worrying or about to worry the livestock and there are no other reasonable means of ending or preventing the worrying; or the dog has been worrying livestock, has not left the vicinity and is not under the control of any person and there are no practicable means of ascertaining to who it belongs.

 

[Red-1]

I would make a complaint against the Police as they have failed in their duties. If you go to a Police station to do this you will have to be seen by an Inspector or above. It is a straight up dangerous dog, dangerously at large.

Please do this to protect others.

 

[Pinkvboots]

The police should do something I would complain about the police, it just doesn't sound right to do just nothing.

 

[Blazingsaddles]

Print this out https://www.horseandhound.co.uk/news/dog-attacks-police-horse-422523 & give it to your local police, dog warden & local paper.

 

[angie1]

Thanks. I have done BHS report. I’m struggling how to make the police do something. This afternoon they have told me that “the dog should be assessed” but when I asked who would do this (ie what qualifications) I was told by the officer that he’ll probably end up having to do it but he doesn’t know anything about dogs. Unbelievable!

 

[angie1]

I would make a complaint against the Police as they have failed in their duties. If you go to a Police station to do this you will have to be seen by an Inspector or above. It is a straight up dangerous dog, dangerously at large.

Please do this to protect others.

Useful advice - I will try this