What happens if someone is injured as the result of a dog attacking their pet?

[MassaAttack]

Situation is that an elderly lady was thrown to the ground when the dog she was walking (on a lead) was attacked by another dog, which had escaped from its house.

I understand that people make a distinction between dog- and human- aggressive animals, but given that this lady didn't stand a chance, should there be legal repercussions for the woman being injured, even though the dog didn't actually her?

[GoldiandtheBears]

A similar thing happened here. Police and ambulance were called. The dog was seized and there is trial soon against the owners.

[MassaAttack]

That's interesting, Gold.

Apparently the police have suggested the owners muzzle the dog in public and make sure it can't get out again

[GoldiandtheBears]

Yes that sounds like a typical outcome. I think the issue is getting the owners to comply with the muzzling and presumable to secure a garden there are costs if things like fencing are needed. It is up to the injured lady to press charges I think.

[SpicyPear]

For a prosecution under section 3 of the Dangerous Dogs Act 1991 'dangerously out of control' is defined as being 'on any occasion on which there are grounds for reasonable apprehension that it will injure any person or assistance dog'. So typically where someone is injured incidentally to a dog on (non-assistance) dog attack, there isn't a prosecution. It all gets a bit more fuzzy when someone is actually bitten.

However, under s2 of the Dogs Act 1871, anyone can complain to a Magistrate's court that a dog is dangerous and not kept under proper control. This proceedings are civil, not criminal. Under that section the dangerousness includes towards other dogs and the court has power order destruction or measures to ensure the dog is kept under control (muzzling, to be kept on lead).

[MassaAttack]

Thanks spicy, that's useful. My friend can't allow her dogs or her child into her garden, as this aggressive dog goes bananas. It has attacked her dogs in the past when they've been on walks.

Looks as if someone should be approaching the Magistrate's court - I have a feeling the elderly lady won't press charges.

[moosemama]

They need to get everyone locally to report every single incident. Police will sometimes give an advisory for a first time incident, but if there's evidence of repeated problems it's harder for them to brush under the carpet as it shows a pattern of either the dog being aggressive and/or dangerously out of control and the owners failing in their duty of care.

[MassaAttack]

Thanks, moose.

[SpicyPear]

Yes I agree with moose. If this is a repeated pattern of behaviour then police should be notified every time.

[Scuttlebutter]

It's well worth every dog owner knowing about DogLaw - a very useful website. (Disclaimer - I have no connection with Trevor, or the website). Trevor runs extremely informative courses on legal issues affecting dog owners and these are held across the country on a very regular basis. He also runs more in depth courses for vets, rescues, dog wardens, etc. - again well worth attending. There are actually a surprising amount of legal avenues open, and all dog owners should always carry 3rd party insurance in case of claims. This could actually be far more damaging financially than a criminal case.

[BMW6]

Happened to me. I was bitten by an off lead dog when it attacked my on lead dog.

I called Police (after trip to A & E to dress bitten hand and get Tetanus jab) and owner was visited and warned that if happened again dog may be PTS.

Worst thing was it happened in a park where there were lots of children playing - they all ran away screaming when the dog attacked mine, so could have been a lot worse.

Oh and the teenage boy who was in charge of the dog (Mastiff-Staffie cross) told the Police it was my fault that I was bitten as I had intervened in it's attack on my dog (Westie X Chihuahua).......the Police (and his Father) put him straight on that!