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Our Dog has Bitten another Dog
Hi all, please can I ask for some advice..?
Our two dogs where inside our front garden today when a person who visited our property tied their dog to the outside fence.
When we went outside (into garden - not onto path), the dog belonging to our visitor put its head through the fence (standard 4 foot picket fence).
When their dog put their face through the gaps in the picket fence, our dog then bit the other dogs tongue which has led to it splitting.
Please can you advise as to who is at fault. If anyone has any legal experience etc. please state that in your reply as naturally I can hold this info in higher regard than general opinions (but all opinions are appreciated and welcome).
If you'd all be so kind to answer the poll I have added to this thread, again that would be much appreciated.
Thanks in advance and if you need any more info, please let me know.
For the poll, who is responsible and who should pay?
- All our fault?
- All their fault?
- Both parties equally at fault?
Our two dogs where inside our front garden today when a person who visited our property tied their dog to the outside fence.
When we went outside (into garden - not onto path), the dog belonging to our visitor put its head through the fence (standard 4 foot picket fence).
When their dog put their face through the gaps in the picket fence, our dog then bit the other dogs tongue which has led to it splitting.
Please can you advise as to who is at fault. If anyone has any legal experience etc. please state that in your reply as naturally I can hold this info in higher regard than general opinions (but all opinions are appreciated and welcome).
If you'd all be so kind to answer the poll I have added to this thread, again that would be much appreciated.
Thanks in advance and if you need any more info, please let me know.
For the poll, who is responsible and who should pay?
- All our fault?
- All their fault?
- Both parties equally at fault?
Who pays bill? Us, them or 50/50 & if us, should we pay for cosmetic repairs? 60 votes
0
Comments
I think you should meet the other dog's owner half way with the bill as although your dog was in the wrong they maybe shouldn't have tied it up where they did.
Either way I think it's only right you pay at least something towards the bill.
Hope the dog will be ok and it won't be too expensive.
Are you friends with the owner of the dog or was it a random visitor to your door?
If it's a random visitor they may want you to pay everything, I don't know.
I hope that doesn't happen as Kippeh said it did encroach your dog's territory but I'd be looking to defend your dog just in case.
Of course the main thing is that the dog is ok and its resolved amicably as they are neighbours and loose friends.
Hi Louise, is there a risk that offering to pay in full admits liability and could that lead to them using it against us if it went that far as you suggest it could (worse case of course). Tbh I don't think it will go that far but from what you wrote, I can see the risk of them going down that route.
Likewise does 50/50 risk that?
Unfortunately these things sometimes happen as animals have a wild side, even domesticated animals like cats and dogs.
Nightmare. Hope you get a reasonable vet bill.
It might be good to try and get legal advise. Hopefully someone on here will be a solicitor.
Do they seem angry about it or have they been ok about it, just concerned with their dog?
It is this type of scenario the government increased the powers available to use against dog owners.
Dont worry, no one is saying your dog would be subject to being killed, but if it went before the courts they could easily and justifiably order it to be muzzled when outdoors.
Yes, your dogs perhaps should have been sent inside when the other dog was tied to the fence... perhaps the other dog should have been tied out of reach (if it was going to be tied at all)... but unless one or other of the owners knew there might be a problem based on previous experience, this is a situation where hindsight is a wonderful thing.
Who pays? In the circumstances precisely as described and as owner of the bitten dog, would I expect the biter's owner's to pay? No. If I was there, it was my responsibility to keep my dog safe and I'd have failed. If the aggressor had run out of the garden and bitten my dog then that would be different - but as it is, the dog was in its own garden and didn't have to leave it in order to cause the damage.
And OP, there's no point asking people to state their legal standing - or lack of - this is tinterweb, people sometimes lie. Trolls lurk. Look for sensible, logical replies and base your thinking on those.
Thanks, you read my mind as that's exactly what I think. Also I must admit I was concerned about trolling so thanks for your sensible advice on that too! Especially now I have re-read my first post where I stated did hold that in higher regard!! How silly
P.s. No history of aggression.
My wife said exactly that.
I'm clearly biased but I explained very firmly that if that ever happens to our 18 month old that I'd be blaming us for it. If however we were walking along and dogs head came through the picket fence and managed to bite a child, then I think that would be the fault of the owner for not ensuring the boundary was sufficient in restraining their dog. But I stress I'm only expressing my opinion.
The fact that I'm not sure if that's the correct standpoint is the very reason I'm posting on here about this so thanks again to you all for your contributions.
Sadly, that's a fair point.
Should say a condition of my insurance is declaring the details of the biters owner if I know it and they will pursue the biter to recover costs they shell out in treatment.
I think the owner of the other dog was completely at fault and should stand their own costs, however, as the other owner is a neighbour and friend and in the interests of peace and harmony, an amicable settlement should be attempted.
This is only my personal opinion as a dog owner, I'm not a solicitor.
I'm afraid I agree very much with the point raised, and feel that if you're going to have dogs in a front (pavement facing) garden, then it should be a fence/wall without gaps. Imagine two neighbours bumping into each other, having a quick chat outside your house, with a wee kiddie that sticks their hand in the gap, parents are only human, and a seconds lapse in concentration is all it would take.
Fact is, it wasn't a child, but I'd be inclined to pay the full bill, with my sincerest apologies, because I'd believe it was my responsibility the situation occurred, given the scenario and the fact the dog acted in an aggressive manner and bit the other. As for liability, that's a whole other issue, but morally I believe it would rest with me.
The OP said the dogs were already in the garden before the other person tied their dog to the fence...not a sensible thing to do in my opinion.
Oh yeah. Changes things slightly then. In which case 50/50 then. Sorry for getting it wrong OP.
Lol
Shih Tzu
Thanks, I take you opinion re tab onboard fully. However, just my opinion, but I'm not too swayed by the rules/procedure of insurance claims. Most insurers would sue God if they could when it comes to floods etc. ;-) They try not to pay anything and when they do pay, they'll try anything to reclaim the costs elsewhere.
Completely agree IMO but that isn't to discredit anyone who disagrees.
Thanks for your post.
Interesting points but as below, they were already outside.
Thanks for ur thoughts Waj_100