Liability Q- just out of interest

[shadowboy]

Ok yesterday I was walking dogs/doing training in the local country park- this park is seperated into about 6 'meadows' each fenced off from the other so you can let your dogs off in a safe environment- when there is no one in the meadow I'm in mine are off lead- if anyone else comes in they go back on unless the owner says their dogs are also fine with others.....

Yesterday I went down at sunset as I like to do training at different times of day esp when rabbits etc are out to test them on their recall and obedience.

Pup was on lead as was training Tassy at the time- she was sat at my feel dribbling longingly at the fried liver I had in my hand. We were about 50 yards from one of the 4 kissing gate entrances to the field.

From the top of the adjoining field a woman walked through the kissing gate so she was now in the field NEXT TO ours. Her dog (golden retriever) started snarling and actually flew through the kissing gate (its a wooden one with slats that a dog could squeeze through if desperate) and flew at Tassy- I tried to hold Tassy but really struggled as she weighs close to 40Kg and I was also trying to hold the pup far enough away so as not to get caught up so had to let go- but then managed to grab her loose pelt on her back- and Tassy instanty stopped and turned back to my feet and sat there like an angel- no anger or anything.

Tassy was bigger and stronger than the GR- and hence despite it attacking her with no provocation and owner having it off lead- Tassy managed to bowl it over. She did not bite it but it got me thinking - IF she had bitten it and caused damage- would I have been liable?

P.s. Also I wasn't sure how to react in this situation- I didnt tell tassy off but I did make her sit quietly by me while I spoke to the other dog owner who appologised and told me 'she's usually ok with other dogs- but it must have been a dominance thing' was that a good thing to do?

 

[Spudlet]

It's a tricky one - it sounds like she was in breach of the DDA by having a dog dangerously out of control in a public place, so I'd have thought she would be liable - however in practice it would have been a case of your word vs hers, and goodness only knows how it would have turned out.

I know when Henry was bitten and I called the insurers about the vets bill, they wanted to know a few details to see if they could claim off the other person (although that would have been tricky seeing as I didn't get any details off him anyway!).

ETA I wouldn't have told Tassy off but what I would try and do in the next few days is to make sure she has some really positive experiences with other dogs, just in case her confidence has been knocked by this incident.

 

[shadowboy]

Thankfully there was a whitness- just after the lady came through the gate to take her dog away- a couple with a baby in a push chair came through the gate- but I didnt ask for their details as there were no injuries but I was interested to know if basically if it's my dog that gives the deadly blow so to speak- does that make me the liable one even though 'we didnt start the incident' - I know it sounds petty but it has made me wonder if because I own bigger, stronger dogs I am more likely to be at 'fault'

 

[Dobiegirl]

Its a tricky situation, if a tiny Chi, attacked someones Staffy and the Staffy defended itself but the Chi died and no witnesses who are the police going to believe.

Slighlty different scenario but a friends friend was attacked by 3 lads and had to be hospitalised, the police released the attackers because they said they had responded to racial abuse.

 

[blackcob]

I know it sounds petty but it has made me wonder if because I own bigger, stronger dogs I am more likely to be at 'fault'

It's something to be aware of, certainly, however unfair.

My friend was walking her three inuits (big, wolfy-looking dogs) when they came across a woman with a pomeranian on a flexi lead. The pom went for one of the dogs, going between the legs of one of the others - who, unsurprisingly, was not pleased about having a bit of cheesewire garroting his nadgers and promptly lashed out at the pom. The woman was hysterical, threatening to call the police etc., All the dogs were on leads but only hers was out of control. If any dog or person had actually been harmed it would certainly not have been the fluffy gobshite pomeranian who was blamed.