Dog bitten another dog liability advise

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Amicus

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Hi all,

Just wondered if anyone had any wisdom or advice, my uncles dog had an altercation with another dog and although both dogs seemed fine at the time, the other dogs owner later contacted my uncle to say there dog had been injured and wanted the vet bill to be paid.
Uncle is willing to pay a contribution but feels that although his dog probably started the scrap both dogs were off lead. (The fight was over a bit of dried up rabbit uncle dog had found and the other dog also wanted. Do you think a contribution is fair? Or should he pay in full? Any advice gratefully received and will be passed on.
 
If it were me I would pay the bill in full, especially as you say your uncle thinks his dog started it. Better that than a complaint to the Police of a dangerous dog. I would be hugely apologetic.

I would also keep it on a lead in future when likely to meet other dogs.
 
Impossible to say unless you saw the fight, if both dogs were responsible for starting it then I probably wouldn't pay but if your uncles dog started it then I think he should pay, either in full or partly depending on how responsible he feels. Going halves might be the fairest way forward if one dog was injured and the other one is fine.
 
I wouldn't pay anything. It sounds like your uncles dog was minding its own business playing with the bit of dead rabbit that it had found and the other dog was trying to get it off him. Doesn't mean your uncles dog is dangerous at all. The other owner should have called his dog off and away from your uncles dog as it's obviously going to start a fight trying to get a dead rabbit off a dog. They are prized possessions!!
 
Get your uncle to contact this specialist dog law firm for advice and tell him not to agree to pay anything until he has taken advice.

http://www.doglaw.co.uk/

If both dogs were off lead and it was a scrap over a bit of dead rabbit then it sounds like it was six of one and half a dozen of the other, although it is hard to know without all the details.
 
It doesn't sound like it was anyone's fault in particular, if both dogs off lead, & fought over something they found. I think if it were my dog, i'd probably over to pay some of the bill, maybe half.
 
abb123 said:
I wouldn't pay anything. It sounds like your uncles dog was minding its own business playing with the bit of dead rabbit that it had found and the other dog was trying to get it off him. Doesn't mean your uncles dog is dangerous at all. The other owner should have called his dog off and away from your uncles dog as it's obviously going to start a fight trying to get a dead rabbit off a dog. They are prized possessions!!
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^^^ have to agree with this I'm afraid.
 
Hi all,

Thanks for the advice balanced mix of opinion which is very fair especially as the details are a bit sketchy, I'm a bit of a dogs are dogs view point and a bit of the abb123/cowgirl16 dried rabbits are valuable prizes but nice to hear others and eatsmyshorts your proposal is probably fairest.

I have spoken to him again and he's going to pay a contribution as a sorry for this unfortunate incident type scenario, he was a bit worried that giving anything would be admitting liability (esp as the other dog owner was quite rude and mentioning lawyers).

He also felt that he shouldn't be expected to foot the whole bill as both dogs were loose and while his dog shouldn't have hurt the other if the other hadn't have gone for the prize it wouldn't have happened... (He's also a pensioner so half a vet bill isn't a nothing to him and he feels he wouldn't have asked it of another dog owner had the situation been reversed.)
It's complicated Red-1 he has been hugely apologetic and will be keeping the dog on lead in the presence of unknown dogs in future - would be a shame to restrict the dog entirely to the lead as it's a young dog with known dog friends it likes to have a romp with.
Thanks all.
 
Amicus said:
Hi all,
It's complicated Red-1 he has been hugely apologetic and will be keeping the dog on lead in the presence of unknown dogs in future - would be a shame to restrict the dog entirely to the lead as it's a young dog with known dog friends it likes to have a romp with.
Thanks all.
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I probably did not explain, I would of course be happy to leave him off the lead with known dogs. I would put him on a lead in future if he had a prize that would mean he may attack a dog who came up.

Playing Devil's Advocate, if it were the other way round, and your uncle was walking his dog, met another dog, was quite possibly not aware of any 'prize' in the vicinity and his dog was set upon by the other dog, then I am not sure why the offending party should not pay.

If the other owner was aware that your uncle's dog had a prize, and/or was asked to keep away, and did not, or alternatively was warned but could not recall their dog; then it would not be the fault of your uncle.
 
ah fine yes I agree.

I wasn't there but Uncle said it occurred in a large field and having seen the other dog he's chosen a path to avoid dog and owner (because he likes his walk to be him and the dog rather than having dog walky chats - he hadn't really considered the dried rabbit situation although obv would now be very careful.
The other dog ran across coming a fair distance from the owner, who called it's name but it didn't come back, sounded like it was it was just excited to see another dog and probably wanted a game but uncle dog took it badly and responded badly. Uncle separated dogs by grabbing his and the other dog ran back to its owner. He apologized at this point and as both dogs looked fine they both continued there seperate walks.

Agree perhaps he should have asked other to keep away but he didn't expect his dog to initiate anything. I agree it would be more clear cut if Uncle dog was on a lead or indeed if Uncle had ran up and attack a dog minding its own business then I'd consider it his responsibility to me this is grey area contribution territory.
 
Sounds like dogs being dogs tbh.nothing unusual about two dogs having a slight scrap over a prized find.
I wouldnt pay anything in this sort of scenario.
Especially when the other dog failed to recall and its owner was a distance away.
If you let your dog loose and cant recall them reliably them things like this will happen occasionally.
Id put it down to experience and work on recall if i was the other owner..your uncle doesnt sound like hes done anything wrong.
 
Aru said:
Sounds like dogs being dogs tbh.nothing unusual about two dogs having a slight scrap over a prized find.
I wouldnt pay anything in this sort of scenario.
Especially when the other dog failed to recall and its owner was a distance away.
If you let your dog loose and cant recall them reliably them things like this will happen occasionally.
Id put it down to experience and work on recall if i was the other owner..your uncle doesnt sound like hes done anything wrong.
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It's posts like this that I wish there was a like button :)
 
Aru said:
Sounds like dogs being dogs tbh.nothing unusual about two dogs having a slight scrap over a prized find.
I wouldnt pay anything in this sort of scenario.
Especially when the other dog failed to recall and its owner was a distance away.
If you let your dog loose and cant recall them reliably them things like this will happen occasionally.
Id put it down to experience and work on recall if i was the other owner..your uncle doesnt sound like hes done anything wrong.
Click to expand...

Excellent points and I'm surprised the damage wasn't inspected/identified at the scene. The point is that crush injuries do the most damage and cannot be seen at the time of injury so keep your dog under control at all times.

I hurt my back yesterday restraining a dog with no recall. I always make my dogs stand but there's only so much they can take of clueless owners falling over them in an attempt to catch their dog. Who do I sue?
 
Aru said:
Sounds like dogs being dogs tbh.nothing unusual about two dogs having a slight scrap over a prized find.
I wouldnt pay anything in this sort of scenario.
Especially when the other dog failed to recall and its owner was a distance away.
If you let your dog loose and cant recall them reliably them things like this will happen occasionally.
Id put it down to experience and work on recall if i was the other owner..your uncle doesnt sound like hes done anything wrong.
Click to expand...

Spot on!
 
I would advise your Uncle to take legal advice before contributing to the other dog's vet bill. It could be construed as admitting liability and in these days of dangerous dog cases, he needs to be very careful. Both dogs were off lead, the other owner called his dog and it ignored him. Why should your uncle risk having his dog labelled dangerous because someone else's dog has poor recall?
 
Aru said:
Sounds like dogs being dogs tbh.nothing unusual about two dogs having a slight scrap over a prized find.
I wouldnt pay anything in this sort of scenario.
Especially when the other dog failed to recall and its owner was a distance away.
If you let your dog loose and cant recall them reliably them things like this will happen occasionally.
Id put it down to experience and work on recall if i was the other owner..your uncle doesnt sound like hes done anything wrong.
Click to expand...

Ditto this - my greyhounds make it easier for me by tending to fight amongst themselves over such lovely finds....!!!
 
Something very similar happened to me a few years ago now when I was out riding with my little JRT and we encountered another dog in the driveway of a house, also off lead, and there was an altercation.

My JRT was fine, but a few weeks later when I was riding past this house the owner came out and started ranting and raving about how my dog had bitten his and he'd needed sixty quid's worth of vet work as it had needed stitching, and it was my bleddi dog that had done it and he wanted recompense.

I pointed out that it was a case of six of one and half a dozen of the other, as both dogs had been off-lead, and in any case, that it was a bit late in the day now to be telling me that his dog had been injured and to be alleging it was my dog's fault, and basically to jog-on. This was more than 10 years ago now however and everything has got a lot more litigacious since then.

I heard nothing more as far as this incident was concerned.

In the situation OP refers to, agree with "Pearlsasinger" above that great care is needed. I do not think there is any justification in the case outlined for the uncle to have to pay the vet's bill as there were two dogs, both off-lead, and it just blew up. If one dog had been on the lead, under control, and the other dog hadn't, and had attacked the dog on the lead, it would be a simple matter and clear cut. But I don't think the owner of the dog which has been bitten can claim any recompense in this situation, I personally suspect they are after a quick buck and they are bluffing. IF, and I say if, I was going to pay up and look sweet, then I would be calling for a detailed veterinary (and I mean detailed) bill of the work done, and when. But I don't think there is any reason whatsoever for the uncle to feel they should pay anything in this instance, and indeed to do so might well open the floodgates for not only admitting liability but also for an over-precious owner to seek payment for further veterinary work arising out of the incident, in the future.

My advice for what it is worth would be to pay nothing, do nothing, admit nothing, respond to nothing either in writing or verbally; and quietly seek legal advice just in case.
 
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So, your uncle and his dog were minding their own business when other dog approached, not responding to other owner's attempt to recall? Then he removed his dog when they started to fight?

He should not pay any of the vet bill. The other owner was not in control of their dog, it being the one injured has no bearing.
 
I wouldn't be paying anything!!

But then I'm pretty horizontal about most things. My terrier can be a little bit nervous/barky and for some reason terrier and a neighbours retriever seem to have developed a mutual hatred of each other - cue lots of snarly behaviour when they cross paths (mine on lead, retriever loose in secure garden). Over Christmas neighbours kids had retriever out on lane off lead as I was walking home. I got mine on short lead close to me and told kids to grab hold of retrievers collar, they are young and gave me a blank stare just as their damn dog lunged at mine with a spiteful nip. It didn't even cross my mind to ask for the bill to be paid, but I did tell the parents the dog needed to be on a lead if the kids were taking it out
 
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