# My dog has just bit someone :(



## Lukeannie (Oct 19, 2016)

Hi,

I was in my back garden with both of my dogs and a delivery man opened my gate and shouted up the garden to me. Before I knew it, one of my dogs (5 year old cockapoo) started barking. The delivery guy had a chance to get out of my garden, but froze. Unfortunately, my dog bit him on the leg. Once he had he backed off and went back up to the top of the garden. I apologised to the man and explained that my dog clearly thought he was an intruder (he's never bitten anyone before, although is a barker if the door goes). He was in a lot of pain and said he was going to sort out his leg.

If he reports him, will I need to have my dog put down? We were both in shock as it happened so fast!.


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## smokeybear (Oct 19, 2011)

Lukeannie said:


> Hi,
> 
> I was in my garden with both of my dogs and a delivery man opened my gate and shouted up the garden to me. Before I knew it, one of my dogs (5 year old cockapoo) started barking. The delivery guy had a chance to get out of my garden, but froze. Unfortunately, my dog bit him on the leg. Once he had he backed off and went back up to the top of the garden. I apologised to the man and explained that my dog clearly thought he was an intruder (he's never bitten anyone before, although is a barker if the door goes). He was in a lot of pain and said he was going to sort out his leg.
> 
> If he reports him, will I need to have my dog put down? We were both in shock as it happened so fast!.


Did you take a photograph of the injury, administer first aid?

http://doglaw.co.uk/index.php/dangerous-act-1991/

I would phone Trevor

I am afraid nobody can tell whether your dog "clearly thought the delivery man was an intruder" not even you.

We are not living in the world of Walt Disney.

The fact remains that the delivery man had a right to be there, and you failed to control your dog.

If your dog has a previously unblemished character which you can document it is unlikely that any draconian action will be taken by the police.

However it does not prevent the delivery firm from taking civil action (hopefully you are insured) and/or deciding not to deliver to you any more.

You must report this incident to your insurance company, failure to do so may invalidate your policy


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## Lukeannie (Oct 19, 2016)

Hi,

He tried to pull up his trousers to see, but I couldn't see anything (don't think he could pull them up high enough.

I don't think he had a right to be there as I didn't invite him to come down my drive, down my alley and then open my garden gate. If I was a delivery man, I would call over the gate first. He could of been anyone. I didn't know who he was until after it all happened. I felt awful about it, but surely he has to take some responsibility himself?

I have emailed them..thank you


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## kimthecat (Aug 11, 2009)

I'm sorry this happened. You are at fault but that doesn't mean your dog will be put down. 
He may try to claim compensation which your home contents insurance will deal with .


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## Lukeannie (Oct 19, 2016)

kimthecat said:


> I'm sorry this happened. You are at fault but that doesn't mean your dog will be put down.
> He may try to claim compensation which your home contents insurance will deal with .


Thank you......such a worry. Trying to get my head round the fact that I'm at fault though. Surely he had no right to open my garden gate?


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## kimthecat (Aug 11, 2009)

Im not clear on what happened . Are delivery people able to reach your front door or post box with out coming into your garden?


ETA re read your posts . 
Delivery people are protected by law , I think you'd best give trevor a ring .


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## Lukeannie (Oct 19, 2016)

kimthecat said:


> Im not clear on what happened . Are delivery people able to reach your front door or post box with out coming into your garden?
> Did this happen in the front or back garden. ?


Hello, it happened in my back garden. From what I can tell, he knocked my front door (I didn't hear it as I was in the back garden). He saw me (through the window) and walked down the side of my house, opened my back gate, carrying a box. My dog barked all the way down our garden, bit him, and then went back to sniffing the garden as if nothing had happened.


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## kimthecat (Aug 11, 2009)

sorry I edited my posts . I'm really not sure .

perhaps , make notes of the time and a statement of what happened , ask neighbours if they witnessed anything .

There might be procedures his firm have to follow if any one is injured doing their job.


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## Lukeannie (Oct 19, 2016)

kimthecat said:


> sorry I edited my posts . I'm really not sure .


yes - read all the 'dogs act' and it mentions them, but also mentions about being invited. So I could understand if he knocked on my door, I was aware of him and my dog then bit him, that I understand. But as I had no knowledge of him actually being there, I don't know what else I could of done with a dog that is in his own back garden and has never bitten before. I will call Trevor if he reports him. Thank you


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## kimthecat (Aug 11, 2009)

Hopefully , the delivery man will not make a complaint to the police.


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## Lukeannie (Oct 19, 2016)

kimthecat said:


> Hopefully , the delivery man will not make a complaint to the police.


This is what I'm hoping. My kids adore him, as do I, so if anything was to happen to him, I'd never forgive myself


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## Laney_Lemons (Mar 23, 2016)

I dont think he would be put down because of this, I work in insurance and we have claims submitted for Dog bites (a few with children) and we investigate it and pay out compensation but i dont know one yet to be put down


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## Lukeannie (Oct 19, 2016)

Elaine2016 said:


> I dont think he would be put down because of this, I work in insurance and we have claims submitted for Dog bites (a few with children) and we investigate it and pay out compensation but i dont know one yet to be put down


Thank you. That does make me feel better. Is that 'house insurance' as another person mentioned?


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## Laney_Lemons (Mar 23, 2016)

yes, your pup will be covered under the house insurance 

If u think a claim is going to be submitted i would give them a heads up , then you wont panic if a solicitors letter comes in .. and they have all the details of what happened.
With any liability case they can claim up to 3 years


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## Lukeannie (Oct 19, 2016)

I


Elaine2016 said:


> yes, your pup will be covered under the house insurance
> 
> If u think a claim is going to be submitted i would give them a heads up , then you wont panic if a solicitors letter comes in .. and they have all the details of what happened.
> With any liability case they can claim up to 3 years


Thank you. I just found this on a solicitors website:

In a recent case dealt with by us a saleswoman (having received no answer at the front door) walked through a closed garden gate where she was attacked by dogs being kept there. It was decided that she had overstepped the grounds of what a reasonable visitor to the property might have done by going through the gate and was therefore a trespasser.

I'll give them a call later. Thank you again.


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## Brannybear (Apr 16, 2015)

Lukeannie said:


> I
> 
> Thank you. I just found this on a solicitors website:
> 
> ...


This might be a bit different as she was a saleswoman and not a delivery person, but I do agree he should not have entered the garden without permission first. Do you state a 'safe place' to leave parcels if the door is not answered?


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## Laney_Lemons (Mar 23, 2016)

Liability is such a grey area... unfortunately even someone trespassing the owner can still be found liable and be hit with a solicitors letter 

your insurance company will query all these details on your behalf such as medical records etc 

I understand your frustration as it was in your own property where this happened and it was very out of character but insurance annoyingly settle alot of claims as its too expensive and no cost effective to go to court


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## Lukeannie (Oct 19, 2016)

Brannybear said:


> This might be a bit different as she was a saleswoman and not a delivery person, but I do agree he should not have entered the garden without permission first. Do you state a 'safe place' to leave parcels if the door is not answered?


Normally the garage or they leave it in my porch. This had to be signed for and I've never had a delivery from them before, UK Mail. I've never had a stranger walk into my garden either to be fair.


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## Lukeannie (Oct 19, 2016)

Elaine2016 said:


> Liability is such a grey area... unfortunately even someone trespassing the owner can still be found liable and be hit with a solicitors letter
> 
> your insurance company will query all these details on your behalf such as medical records etc
> 
> I understand your frustration as it was in your own property where this happened and it was very out of character but insurance annoyingly settle alot of claims as its too expensive and no cost effective to go to court


I'll contact them tomorrow. Thank you again.


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## Rafa (Jun 18, 2012)

My driveway runs up the side of my house to a gate which leads onto the patio and garden.

I keep that gate padlocked. 

On occasion, the Postman has come through the gate and left it open and my fear is that Rudi will go out. Rosie wouldn't.

As far as the Delivery Driver your dog bit is concerned, it is his job to deliver parcels and, if he got no response at the front door, it isn't unreasonable, IMO, that he would come to the back door. He may not have realised your dogs were there.


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## Lukeannie (Oct 19, 2016)

Sweety said:


> My driveway runs up the side of my house to a gate which leads onto the patio and garden.
> 
> I keep that gate padlocked.
> 
> ...


All my post is put in my post box that is at the top of my drive. My garage (which is open) is at the top of the driveway also (away from the house) - We also have electric gates that are normally closed. I guess it depends on the delivery guy. I've owned a home for 23 years and I've never seen anyone deliver in my back garden - Unless instructed when I've been home. If they need a signature and there's no answer, a card is normally put through the door.

I'm going to put a note up stating that the gate should not be open unless permission is given by the owners. I certainly don't want to go through that againt. Shocking for the poor delivery guy, shocking for me and not doubt my dog!


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## Dogloverlou (Dec 8, 2013)

I would say there is some responsibility on the delivery man's part too, especially as he entered your property without permission. I mean, fair enough if he didn't get an answer at the front door, saw you through the window out the back and came around to deliver your parcel But I would have expected him to pause at the gates, announce his arrival, ask if it's ok to enter etc. Of course, none of that is an excuse for your dog to bite but I'd be shocked if anything was taken further to be honest.


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## Lukeannie (Oct 19, 2016)

Dogloverlou said:


> I would say there is some responsibility on the delivery man's part too, especially as he entered your property without permission. I mean, fair enough if he didn't get an answer at the front door, saw you through the window out the back and came around to deliver your parcel But I would have expected him to pause at the gates, announce his arrival, ask if it's ok to enter etc. Of course, none of that is an excuse for your dog to bite but I'd be shocked if anything was taken further to be honest.


Thank you. I know it's no excuse. I was, still am, mortified as this is so out of character of him. I can only think, that he honestly thought I was in danger. I agree. If he announced himself, I would of told him to wait and greeted him at the gate. I'm guessing he'll never do that again.


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## smokeybear (Oct 19, 2011)

Lukeannie said:


> Hi,
> 
> He tried to pull up his trousers to see, but I couldn't see anything (don't think he could pull them up high enough.
> 
> ...


does the postman not open your garden gate to get to your letter box?


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## smokeybear (Oct 19, 2011)

Elaine2016 said:


> I dont think he would be put down because of this, I work in insurance and we have claims submitted for Dog bites (a few with children) and we investigate it and pay out compensation but i dont know one yet to be put down


But you deal with civil law, not criminal law.


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## Lukeannie (Oct 19, 2016)

smokeybear said:


> does the postman not open your garden gate to get to your letter box?


No, our post box is at the top of our drive, as we have electric gates. If the gates are open and he needs to deliver a parcel, he'll leave it in the porch. I've never had anyone come through my back gate uninvited before.


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## smokeybear (Oct 19, 2011)

I would make sure that you have a lock on your garden gate so that nobody else can get bitten, that will be deemed as reasonable corrective and preventive action in both criminal and civil law


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## smokeybear (Oct 19, 2011)

Lukeannie said:


> No, our post box is at the top of our drive, as we have electric gates. If the gates are open and he needs to deliver a parcel, he'll leave it in the porch. I've never had anyone come through my back gate uninvited before.


It was not clear that this was not your "front garden" in your original post.

Just get a lock for the back gate and then you and your dog will not be at risk again.


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## Lukeannie (Oct 19, 2016)

smokeybear said:


> It was not clear that this was not your "front garden" in your original post.
> 
> Just get a lock for the back gate and then you and your dog will not be at risk again.


Sorry - thought I said it in another reply  - I'm going to put a laminated sign saying that 'No person is to open the gate unless they are invited'. If it was the summer and I was sun bathing, I would be shocked for a guy to just open my gate without announcing himself 1st.


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## Rafa (Jun 18, 2012)

Why don't you just put a lock on the gate?

The first time the Postman left my gate open, I asked him never to do it again, as the dogs were in the garden. However, he did do it again, so there is now a padlock on the gate and he can't come in.

Even if you put a sign on your gate, there will be those who either ignore it or don't see it.

Now that your dog has bitten once, you really do have to take foolproof measures.


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## smokeybear (Oct 19, 2011)

Under the hierarchy of controls a sign would be way down the list.

People ignore signs wherever they may be

eg the national speed limit sign, no parking, etc etc

You are relying on someone reading and obeying the sign.

A lock does not rely on human behaviour, it prevents inappropriate behaviour


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## StormyThai (Sep 11, 2013)

With the amount of people that complain about getting wet paint on themselves after ignoring a big "WET PAINT" sign...I really wouldn't rely on humans paying any attention tbh.
Your dog has shown that they will use their teeth so it is your responsibility that she doesn't do it again. A padlock on the gate will ensure a hapless person can't just wander into your garden


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## Lukeannie (Oct 19, 2016)

I do have a top latch, but I've never used it (never needed to), but yes, I'm going to have to find one that I can uses on both sides as I use the gate a lot when bringing back the dogs from their walk and gardening. So if I'll get another lock - can anyone recommend a good key code lock (will give code to window cleaner for when I'm not there) that will work on a wooden gate?


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## Calvine (Aug 20, 2012)

I hope you are getting over the shock...you must have been mortified; I am sure I would feel the same. I can, however, see the delivery man's point of view. He could just have said, sod it, no-one home, left a card that told you to hike off to some depot to pick up your parcel, but likely thought he was being really helpful by trying another entrance to your home (especially as you say he saw you were in thro' the window). I am always quite grateful to the delivery guys who leave a parcel (with signature) with a neighbour and save me the hassle of losing my parking space and schlepping off to some industrial park near Heathrow to pick something up. Hope you are OK.


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## Lilylass (Sep 13, 2012)

Hope things get sorted OK

To avoid anything happening like this again, I'd secure the gate so no one can get in easily - and also put a sign up advising them not to enter 

That way, if someone does manage to get in (eg if you forgot to lock the gate) then they can't say they didn't know


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## Lukeannie (Oct 19, 2016)

Calvine said:


> I hope you are getting over the shock...you must have been mortified; I am sure I would feel the same. I can, however, see the delivery man's point of view. He could just have said, sod it, no-one home, left a card that told you to hike off to some depot to pick up your parcel, but likely thought he was being really helpful by trying another entrance to your home (especially as you say he saw you were in thro' the window). I am always quite grateful to the delivery guys who leave a parcel (with signature) with a neighbour and save me the hassle of losing my parking space and schlepping off to some industrial park near Heathrow to pick something up. Hope you are OK.


Hi, Thank you. Yes, such a shock, I was shaking with adrenaline. I completely see that he mean't no malice by opening my garden gate, I just really wished he had called out first, so I could meet him there. Would have been a completely different scenario. We live and learn. You can have a dog that is the softest, most loving and they can just turn with a click of a finger.


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## Lukeannie (Oct 19, 2016)

Lilylass said:


> Hope things get sorted OK
> 
> To avoid anything happening like this again, I'd secure the gate so no one can get in easily - and also put a sign up advising them not to enter
> 
> That way, if someone does manage to get in (eg if you forgot to lock the gate) then they can't say they didn't know


Yes, I agree. Looking at locks now. I need one that I can access both sides of a wooden gate. Will also do the sign


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## Lilylass (Sep 13, 2012)

Lukeannie said:


> Yes, I agree. Looking at locks now. I need one that I can access both sides of a wooden gate. Will also do the sign


Sounds good - TBH I find it astounding that someone would go into a garden where there are dogs - but maybe that's me expecting too much of people (I grew up with dogs so I guess was taught how to behave around them properly).

There is many a dog I know who is very soft but will not tolerate a stranger coming into their house / garden without being properly introduced to them


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## Guest (Oct 19, 2016)

Sweety said:


> Now that your dog has bitten once, you really do have to take foolproof measures.


Yes. I feel the above needs to be emphasized. You now know your dog will bite. Regardless of who is to blame for the bite it is you the owner who is now 100% responsible for preventing a recurrence.

I also would not excuse this incident as the dog being protective either. Cockapoos are not what you would consider a guardian breed anyway, and even in a guardian breed I would not be happy with a dog resorting to an actual bite just because someone came on to the property. That delivery person could have been a visiting child, a dementia patient who got confused about where they were going, emergency personnel coming to assist you or a loved one...
It might not be a bad idea to talk to a professional about your dog's behavior and what sort of behavior modification you can put in place along with management (padlocking the gate).


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## smokeybear (Oct 19, 2011)

ouesi said:


> Yes. I feel the above needs to be emphasized. You now know your dog will bite. Regardless of who is to blame for the bite it is you the owner who is now 100% responsible for preventing a recurrence.
> 
> I also would not excuse this incident as the dog being protective either. Cockapoos are not what you would consider a guardian breed anyway, and even in a guardian breed I would not be happy with a dog resorting to an actual bite just because someone came on to the property. That delivery person could have been a visiting child, a dementia patient who got confused about where they were going, emergency personnel coming to assist you or a loved one...
> It might not be a bad idea to talk to a professional about your dog's behavior and what sort of behavior modification you can put in place along with management (padlocking the gate).


I have a dog that is trained to bite I would not expect him to bite a delivery person, nor has he.

At the end of the day the truth is if you do not have sufficient control over your dog to prevent it biting someone and/or your dog is not of such a temperament that can be relied on in the event of "surprises" such as this, you really need more than a sign and, probably as suggested here, some advice from a professional.


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## MiffyMoo (Sep 15, 2015)

Lilylass said:


> Sounds good - TBH I find it astounding that someone would go into a garden where there are dogs - but maybe that's me expecting too much of people (I grew up with dogs so I guess was taught how to behave around them properly).
> 
> There is many a dog I know who is very soft but will not tolerate a stranger coming into their house / garden without being properly introduced to them


I constantly have people walk into my garden and then stand there, gate open, watching the dogs galloping towards the open gate. Astounding.


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## Burrowzig (Feb 18, 2009)

Lukeannie said:


> Yes, I agree. Looking at locks now. I need one that I can access both sides of a wooden gate. Will also do the sign


I've got a Yale type on my wooden gate to the back garden. I use the key to get in from the drive, and can put it 'on the snib' to take the bins out or whatever. There's also a latch for if I'm coming and going and don't want it locked or standing open. You could fit a keysafe and give the code to the window cleaner, which should be a lot less costly than fitting a coded lock.


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## Jessd1982 (Sep 26, 2016)

I'm new to dog ownership were on are 2nd dog
But I just want to say it takes a good dog owner to come on a board with loads of ppl and admit to what he's done a lot of ppl would of brushed it under the carpet and not asked for advice 
I guess it's just wait n see what happens regards to the delivery driver but making insurance aware and taking more precautions locks on a gate will show that u are taking precautions I've seen lots off ppl who don't have respect for anyone and will happily let there dog attack another and just say yer they were only playing or the dog jumps up and bits you there are really some awful dog owners out there 
Anyways I hope ur feeling better today about the whole situation it's properly the worst situation us as dog owners can be in when our dog does something outta character


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## havoc (Dec 8, 2008)

I can't lock my back gate but I do have a sign up asking people to use the front door. There is a thing called 'implied right of access' which means anyone can enter your property _with good reason_. It's what allows your postman to deliver post and delivery drivers to deliver goods to private property. You can withdraw that implied right by putting up a sign, putting locks on the gate, telling an unwanted caller to leave etc. but until you do any of those things they've done nothing wrong.


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