# Dog bit someone in my own home



## glenn slattery (Aug 5, 2013)

I had a hot tub delivered and the first thing I said to the guys was I will just put the dogs away whilst you bring it in.

They brought the hot tub through and i was chatting to one of the guys, at this point the other guy walked back into the house without asking and without us being aware. As soon as he walked through the door our dog bit him on his leg and drew blood. We attended to his wounds and told him to go straight to the hospital to get it checked but he ignored our advice and did not go until the next day. A week later we got a phone call saying that he had been to see a solicitor and they have told him that he has a case and that if we want we can settle before it goes to court for £200. He admitted at the time that he was not working so could not claim for loss of earnings.

I don't believe he has a case as he was warned and did not tell us he was going back into the house. I think his is just trying to scare us by saying that he has been to a solicitors. Can anybody give any advice.

PS the dog has growled and barked at people before but never bit anyone.


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## CarlyWoody (Jan 22, 2013)

Just so its clear, you have a human agressive dog that wasn't properly secured, that has bitten deep enough to draw blood, and you think you shouldn't pay?
Be lucky that it hasn't gone to the police for the dog to be destroyed! That may yet happen as hospitals are obliged (I think) to report dog bites.
Get your own legal advice pronto!


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## ElvieMogs (Mar 22, 2012)

In the Uk no medical professional is obliged to report a dog bite. Also if the dog is in its own home it is not covered by dog control laws so i dont think you are not legally liable for this bite. Don't take my word for it as I'm not a lawyer but this is one of the reasons there was no prosecution when poor Jade Anderson was mauled to death earlier this year.

I suspect this guy is just trying it on. You only have his word that a solicitor has advised he has a case. If he does try to take it further though it could cost you more in solicitors fees than the £200 he's demanding. Perhaps Citizens Advice coud advise you? 

Also I don't understand what he was doing delivering a hot tub if he's out of work. Ah, just thought it may not have been new and you bought it from a private seller?


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## Lovehatetragedy (Jul 8, 2010)

Elvis has it right. The Gov.org website states:

_"It's against the law to let a dog be dangerously out of control:

in a public place
in a private place where the dog isn't allowed to be (eg a neighbour's house or garden without permission)"_

Since its on your own property/private then its unlikely you can be left liable. This would be a completely different situation if it was on a neighbors property or in public however as Elvis suggested its a good idea to contact citizens advice just to be on the safe side. As he didn't tell you he was going back into the house he was in a sense trespassing however unless there is proof he did so it could be deemed as hearsay.


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## Guest (Aug 7, 2013)

I have no idea about UK law and what your rights and responsibilities are, however, all that aside, I think you need to address the fact that your dog is so willing to bite. 

This kind of thing doesn't just resolve itself. The way these things usually go with dogs is, left unchecked, he most likely WILL bite again, and the next time he bites it will be more damaging with less provocation. Over and over and over we see this progression. Please don't assume your dog will be the exception. 

If this were my dog, I'd be seeking the help of a qualified professional to help me set up a management and training plan. I hope you take this seriously. The next person who might walk in to your house uninvited might be the neighbor's wayward child or an elderly person with dementia.


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## 8tansox (Jan 29, 2010)

Sorry this has happened, but, you need to seek your own legal advice - quickly. Whether this guy has been to a solicitor or not doesn't matter, you should have made sure your dog was kept away and safe from biting anyone.

Sorry. You need to seek legal advice now.


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## Lurcherlad (Jan 5, 2013)

Really sorry this has happened. I think some people are being a bit harsh considering the dog was in the house with the door shut. 

The chap was in the wrong for entering your house as he did and you had told them to wait while you shut him away. 

Having said that, I would get some legal advice yourself just to be sure where you stand and seek some help from a behaviourist with regard to the dog going straight in for a bite like that. This does need to be addressed so it does not become a normal behaviour for him and escalate.

Check your insurance policy too for liability cover.

Good luck.


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## lilythepink (Jul 24, 2013)

Its all too easy to get a phone number off TV for one of these no win no fee legal companies that do everything.

I would get legal advice ASAP, maybe go and see citizens advice or something if you don't have a family solicitor


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## Sled dog hotel (Aug 11, 2010)

glenn slattery said:


> I had a hot tub delivered and the first thing I said to the guys was I will just put the dogs away whilst you bring it in.
> 
> They brought the hot tub through and i was chatting to one of the guys, at this point the other guy walked back into the house without asking and without us being aware. As soon as he walked through the door our dog bit him on his leg and drew blood. We attended to his wounds and told him to go straight to the hospital to get it checked but he ignored our advice and did not go until the next day. A week later we got a phone call saying that he had been to see a solicitor and they have told him that he has a case and that if we want we can settle before it goes to court for £200.* He admitted at the time that he was not working so could not claim for loss of earnings.*
> 
> ...


There is the dogs act 1871 that is still a current law, civil proceedings can be brought before a magistrates court by way of complaint and it can be done by the police, local authorities or even members of public, it also covers private property.

Dogs Act 1871
Although over 100 years old now this Act is possibly the most effective piece of dog control
legislation available to enforcers. Civil proceedings are brought at a Magistrates Court and this
can be done by the police, local authorities, or individual members of the public.
This legislation should always be taken into consideration when enforcers are investigating any
incidents relating to dogs or when concerns are raised over an allegation of irresponsible dog
ownership. Furthermore, it can be particularly effective when dealing with attacks on other
domestic pets or livestock.
Section 2
Section 2 requires that the owner is brought before a Magistrates court on a complaint and if the
Magistrate is satisfied that the complaint is justified they can make any order they feel appropriate
to require the owner to ensure that the dog is kept under proper control or in extreme cases
destroyed. Importantly this is regardless of whether the dog is in a private or public place. Note
proceedings must be commenced by way of a complaint.

Dogs Act 1871
The strength of this piece of legislation is that, because it provides a civil remedy to which the civil
standard of proof applies, proceedings can be taken even when a criminal offence has not been
committed. Thus it provides a remedy in a wide range of circumstances for dangerous dogs. A
particular advantage of the Act is that it applies everywhere, even in and around a private
dwelling, which is why it is especially appropriate for action on behalf of people like postmen and
women who are regularly at risk from dogs in front gardens.
Offences
 Section 2 provides for any Magistrates court to hear a complaint that a dog is dangerous13 and
not kept under proper control14.
Enforcement provisions
 A complaint must be made to the Magistrates court15.
Further consideration
 If the Magistrate is satisfied that the dog is dangerous, he or she may order that the dog be
kept under proper control by the owner or destroyed.

https://www.gov.uk/government/uploa...ment_data/file/69263/dogs-guide-enforcers.pdf

That's the only possible law that I can think of immediately that he may try to use.

Only other thoughts, is the hi-lighted bit, if he wasn't working why was he delivering the hot tub?

Is that not working as on claiming benefits and not officially working, If he has been to a solicitor and says he has a case, then why settle for £200.
If he is out of work, don't know the criteria but I think you can get legal aid, or a lot of these "injury lawyers for you" type concerns, are on a no win no fee basis or alternatively I believe they claim costs from the other party. (Not sure you would have to check that) so if out of work, I figure he may have nothing financially to lose in legal fees. Don't know of course just suggestions.

Best thing you can do is seek legal advice yourself. You could give Justice for dogs a ring and see what they say, its a charity.
justice_for_dogs_charity

Is your dog insured? If so most cover third party liability, have a look on your insurance. Im surprised that he hasn't asked if your dogs covered on insurance too.


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## Hopeattheendofthetunnel (Jun 26, 2013)

Dicey situation.

If I were you, I'd get some competent legal advice. The situation here is murky - on the hand, the guy can justifiably claim that you invited him into the house to deliver the goods.

On the other hand, you said he opened a door he shouldn't have because the dog was contained within that room? But unless you can prove that he KNEW the dog was behind that and had warned him specifically that the dog was dangerous - which he clearly is - I suspect he'd have a good chance to take this to court. There are gazillions of " no win, no fee" solicitors chomping at the bits taking on cases like this.

Really, do consider getting appropriate legal advice here. A bite resulting in wounds and blood isn't a bagatelle. 

And I second the recommendarion to immediatly seek the assistance of a trainer. A dog should not bite that swiftly or seriously, unless the owner is screaming for help.


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## charlie z (May 14, 2012)

At the end of the day if he is trying it on he does have a case against your dog although he should of brought it up sooner its better to pay £200 pounds than have ur dog PTS but take it from me it sounds like you need to get your dog under control even though ur dog was in your home and he went in uninvited the fact that your dog decided to bite and draw blood still means that you have a dog with a unsociably aggressive nature that needs addressing with some intensive training.
I have trained aggressive dogs for years and take it from me you do not want this to happen to a child take it as a warning!


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