Fred66
Well-Known Member
But it would have to be what a reasonable person would feel threatened by. So an elderly terrier that is a bit yappy is unlikely to class as dangerously out of control unless it’s actions directly caused the incident. So the case will rest on the evidence relating to the dogs involvement as well the riders actions.A person only has to feel threatened (in law) for action to be taken against the owner of a dog deemed to be out of control. Out of control means (basically) not listening to it’s owner or having been trained appropriately to be in public.
So if the riders had already gone past at a distance but upon return came a lot closer and the dog felt threatened and barked a warning but didn’t give chase then this would not necessarily mean that it was out of control.