# My dog bit someone - advice needed



## logic (Jan 1, 2009)

My dog recently bit someone, at the time the dog was in the garden which si protected by a high hedge and gate. The lady spoke to him over the gate, to which there were witnesses, he jumped up at her in excitement, she screamed, then he bit her arm and pulled himself over the gate into the street. I ran to the gate and called him in and he did so straight away.

The dog came from a rescue, and has been badly treated in the past. I have made a lot of progress in the past 4 months calming him down, he does get very excited but is very lovable and affectionate when he knows you.

It's been reported to the police and I've had a phone call from them, they want me to agree to having the dog destroyed to avoid going to court.

I do not consider the dog to be a danger, but ever since then he has been kept muzzled when taken out for walks just to be sure.

The dog has not shown any other sign of aggression, except towards other dogs.

Can anyone tell me how I stand - if I get taken to court and what might happen? I don't really want to agree to having him put down as I do believe that he was aggrevated byt his lady and if she had walked past like many other people she would have nit been attacked. He lives nowhere near her and will not be at that house ever again.


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## pugsley Adams (Dec 30, 2008)

I would go to a trainer and enroll him there to show good faith in your dog. Also I would not have him destroyed just because of the pending court matter, I would fight it. I am so sorry about what happened I guess in future not to leave him outside alone, sorry that is just so sad.


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## Guest (Jan 1, 2009)

I cannot answer your questions but this may help
Doglaw


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## Guest (Jan 1, 2009)

how serious was the bite?
you should see a solicitor as they are best to give you advice and things like this are done on rulings of past cases, which the solicitor will know about.


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## Angel44 (Feb 11, 2008)

I would seek legal advice. I certainly wouldn't rush out and have him put to sleep. She was in the wrong in the first place by putting her arm over a gate to pet a strange dog. I would also contact the witnesses and see if they could give statements - perhaps the police have already done this? It is unfortunate that he actually ended up on the other side of the fence as this could potentially complicate the issue. Good luck, I hope you manage to get this sorted out happily.


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## Chell82xx (Sep 20, 2008)

I would certainly stand my ground and let this go to court, if you have insurance on the dog check the paperwork and you may be covered for situations like this. At least a judge will hear both sides of the story and be able to determine what is right for the dog. If you can show that you are trying to prevent this from happening in the future then they may be more forgiving to you. Also maybe try an apology to the lady via the police explaining what you are willing to do for the dog in future, this sometimes has a big impact.


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## Guest (Jan 1, 2009)

I am sorry to here of your predicament - the law has changed very, vEry recently regarding DOGS. I can only tell you from experience an event that happened to me nearly seven years ago. Bear in nind this was a long time ago.

PLEASE DO NOT TAKE THIS TO BE THE LAW NOW -WILL FIND THE DOCUMENTATION AND POST IN THE NEXT FEW MOMENTS

My eldest dog was a rescue - was terribly abused and suffered (not saying we cured it but we have controlled it sucessfully from that day forth) 

what happened was - we have quite a lot of land - we used to run a business and we used to get loads of deliveries at home, this paricular day we were around the side of our property - it was hot and all our doors were open - our garden is secure surrounded by walls - but a stupid driver who could not make us hear not only entered the garedn (dipsite signs) but the house - The dog jumped on his back and bit his shoulder. the driver accepted that it was a stupid thing to do (entering the house) and that he would not be reporting it - however he had to go to hospital for jabs - and his work reported it - hence we had a visit from the police.

The law then was - bear in mind it could well have changed now - That you are responsible for any dog on you property (I think they say 1 metre from your property) signs that you put on gates mean nothing -and could infact be contributery is admitting that you have a dangerous / control dog. he only signs that you should have are ones saying Dogs lose dogs running free etc -NOT do not enter, beware of the dog etc .

as it was because the man had entered the house coupled with the time it was we were very fortunate and the incident was logged (maybe because the dog lover the copper).

I only read the new ruling last week - and have promised someone else that I shall look for it - i'll do it now
regards
DT


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## pugsley Adams (Dec 30, 2008)

Chell82xx said:


> I would certainly stand my ground and let this go to court, if you have insurance on the dog check the paperwork and you may be covered for situations like this. At least a judge will hear both sides of the story and be able to determine what is right for the dog. If you can show that you are trying to prevent this from happening in the future then they may be more forgiving to you. Also maybe try an apology to the lady via the police explaining what you are willing to do for the dog in future, this sometimes has a big impact.


Excellent advice!


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## Guest (Jan 1, 2009)

I have just made a total cock up - serves me right for not reading - they are only proposed - NOT passed (thank god) so guess what Rona posted (1991 act) needs reading.
sorry
regards
DT

ps - will post the proposed ones when I have typed them up - they came to me by fax
regrds
DT


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## paulkerry (Dec 9, 2008)

Chell82xx said:


> I would certainly stand my ground and let this go to court, if you have insurance on the dog check the paperwork and you may be covered for situations like this. At least a judge will hear both sides of the story and be able to determine what is right for the dog. If you can show that you are trying to prevent this from happening in the future then they may be more forgiving to you. Also maybe try an apology to the lady via the police explaining what you are willing to do for the dog in future, this sometimes has a big impact.


i totally agree great advice, its her stupid fault for sticking her arm over, dont give up on your dog, your doing right muzzling the dog when out aswell shows good dog ownership good luck keep us updated.


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## Guest (Jan 1, 2009)

DoubleTrouble said:


> I have just made a total cock up - serves me right for not reading - they are only proposed - NOT passed (thank god) so guess what Rona posted (1991 act) needs reading.
> sorry
> regards
> DT
> ...


Think these are possibly being passed end of January aren't they DT?


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## twinclaire (Dec 6, 2008)

OMG that is a disaster, in the 1st place the person should not have touched him over the fence as that is trespass, but we have no rights anymore all our rights in everything weather right or wrong has been taken away from us,

I would stand my ground and speak for your dog as he cant speak for himself, the police will say that to you as they cant be bothered with the hassle, let it go to court show your dog is not that way inclined to bite and you have taken steps to muzzle him, see a solicitor you have 1/2 hr free session, and hun when you win sue the arse of the woman and make her pay all costs.


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## Dundee (Oct 20, 2008)

Do check your insurance, as it could be very costly going to court. Not saying you shouldn't, but you need to be aware


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## Guest (Jan 1, 2009)

rona said:


> Think these are possibly being passed end of January aren't they DT?


Not sure - but they are pretty scary looking!


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## Nina (Nov 2, 2007)

I would also stand my ground on this one, since the law states that your dog is innocent until proven guilty.

I would take legal advice though to know exactly where you stand. I once worked on a case with Roger Mugford, where the owner of a so called 'dangerous' dog, was required to have an assessment done. This was a good few years ago, and I am sure the law has changed.

The very best of luck, and let us know how you get on.


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## logic (Jan 1, 2009)

Thanks for all the great advice and support everyone, my initial instinct was to let this go to court and that is what I intend to do.

I haven't been able to get any legal advice yet, but I do intend to ring the number in the link that rona provided, it's a maximum of £20, I don't have much money but I am prepared to pay that for some advice. I will see what Trevor Cooper says then and see if I can afford to defend myself and the dog. I will also ring around the local solicitors on monday. Like everyone at the moment though I'm not that well off and as far as I can see this case would not qualify for any kind of legal aid. I also do not have insurance, and just cannot afford to pay thousands for a lawyer.


The latest is that the copper has tried to ring me and left a message on the answerphone saying he would like me to see pictures of the wound as it may convince me to have the dog put down. I'm hoping to get some legal advice before I talk to the police again.


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## Guest (Jan 3, 2009)

I hope you didn't think that I recommended that website, I only put it on so that you could get some ideas of where you stand. I have no knowledge of the firm


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## Happy Paws2 (Sep 13, 2008)

If I remember right when Princess Anne's dog bit someone, she promised to have it retrained and the dog was given a another chance. It may be worth mentioning this.


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## lizward (Feb 29, 2008)

Right, I have been there, done that, got the T shirt, and been in court - unfortunately, twice (two separate incidents). The first time I had defence paid for by my household insurance, they also paid for a behaviourist's report. The final result was that due to a cock-up on the part of the prosecution (who failed to bring their witnesses on the day of the trial) that case was thrown out. The second time I defended myself - unsuccessfully in that I lost and now have a criminal record, but on the other hand I still have my dogs and the costs and compensation were not all that high - just over £500 total and that included a vet bill.

In my case, both times, the incident involved a dog fight with the other party putting hands in to try to stop the fight and them getting bitten. The first injury was more serious than the second, that woman nearly lost a finger (and later tried a civil suit in which she claimed she had indeed lost the finger and her side refused to allow access to her insurance records - don't know what happened in the end because it all went through insurance and they won't tell you). The second injury was very minor and I did not have insurance then.

As a matter of urgency you need to check the position with your insurance - it may very well be covered under your household policy if you don't have dog insurance.

The CPS may well decide to prosecute even if you do have the dog destroyed, but even if they don't, the injured party may well get some ambulance chaser lawyer to file a civil case.

I'm afraid it is a stressful process.

Liz


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## logic (Jan 1, 2009)

rona said:


> I hope you didn't think that I recommended that website, I only put it on so that you could get some ideas of where you stand. I have no knowledge of the firm


Sure, I understand, but the helpline is still worth a shot to try and get some perspective. I will be seeking advice with a local lawyer as well.


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## logic (Jan 1, 2009)

lizward said:


> The CPS may well decide to prosecute even if you do have the dog destroyed, but even if they don't, the injured party may well get some ambulance chaser lawyer to file a civil case.
> 
> I'm afraid it is a stressful process.
> 
> Liz


Yes I was thinking this myself. I do know from word of mouth so to speak that they are eventually looking for financial compensation. If I have him put down I am admitting guilt, I do believe that if this lady had minded her own business she would have not been bit as he's been in that garden many times before and we have had no trouble.


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## logic (Jan 1, 2009)

Well I haven't actually seen the pictures of the injury yet but from what the copper told me on the phone it is still very bruised 8 weeks afterwards. He told my father it had to be stitched but he didn't say that to me. I'm hoping to get some legal advice before I speak to the copper again, as I know their attitude is to try and get an admission of guilt without actually doing much themselves.

Even though I could lose my job if I get taken to court, I am prepared to do that just on the principle of the matter - if this lady had minded her own business like many other people did do she would have not been bit. But just for the record I am truly sorry that she did get bit, even though it was her own fault in my eyes.


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## NoSpecialFeaturesHere (Nov 23, 2008)

Jeez, this is every dog owner's worst nightmare, I can't imagine how stressful this must be for you. My dog has bitten someone before, and it was my fault for not having him restrained enough when there was too much going on in the street for him to cope with, and I was so incredibly lucky that the person he bit was so understanding. 

This woman is absolutely in the wrong, if she'd have kept her hands to herself it wouldn't have happened, and she ought to be ashamed of herself for taking this to the police at all.

I wish you the best of luck in defending your dog. I'll keep my fingers crossed for you both. I'm so sorry that this is happening to you.


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## Guest (Jan 3, 2009)

logic said:


> Well I haven't actually seen the pictures of the injury yet but from what the copper told me on the phone it is still very bruised 8 weeks afterwards. He told my father it had to be stitched but he didn't say that to me. I'm hoping to get some legal advice before I speak to the copper again, as I know their attitude is to try and get an admission of guilt without actually doing much themselves.
> 
> Even though I could lose my job if I get taken to court, I am prepared to do that just on the principle of the matter - if this lady had minded her own business like many other people did do she would have not been bit. But just for the record I am truly sorry that she did get bit, even though it was her own fault in my eyes.


My son had a very nasty dog bite to his arm just missing an artery,even though it was very deep and nasty,they refused to stitch it,as they no longer stitch bites due to the risk of infection,my friend was recently bitten and again they refused to stitch,so it may be worth checking that out with your local A&E Dept.

Fingers crossed you get this sorted asap,good luck.


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## lizward (Feb 29, 2008)

logic said:


> Even though I could lose my job if I get taken to court, I am prepared to do that just on the principle of the matter


Why could you lose your job? What do you do?

Liz


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## Jenny Olley (Nov 2, 2007)

Have you contacted the rescue you got your dog from, they may have a resident behaviourist who will help you, and may even go to court with you as a witness to what you are doing to prevent a recurrance of this situation.


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## Guest (Jan 3, 2009)

Although I sympathise and understand your need to protect your dog., What would have happened if this had happened to a child? If this stupid woman could reach over the gate surely so could a child


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## archiebaby (Feb 25, 2008)

can i ask what breed your dog is? this could be a factor in the courts decision albeit wrongly but these things happen with certain breeds?


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## clueless (May 26, 2008)

logic said:


> Well I haven't actually seen the pictures of the injury yet but from what the copper told me on the phone it is still very bruised 8 weeks afterwards. He told my father it had to be stitched but he didn't say that to me. I'm hoping to get some legal advice before I speak to the copper again, as I know their attitude is to try and get an admission of guilt without actually doing much themselves.
> 
> Even though I could lose my job if I get taken to court, I am prepared to do that just on the principle of the matter - if this lady had minded her own business like many other people did do she would have not been bit. But just for the record I am truly sorry that she did get bit, even though it was her own fault in my eyes.


 I can understand how upset you are about this but I feel the authorities will look it in a way as your dog is a danger. It could have been a kid leaning over the gate or entering it.


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## logic (Jan 1, 2009)

archiebaby said:


> can i ask what breed your dog is? this could be a factor in the courts decision albeit wrongly but these things happen with certain breeds?


He's a lurcher, crossed with an afghan hound or saluki or similar. Probably the most affectionate and subdued dog I have ever known.


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## logic (Jan 1, 2009)

lizward said:


> Why could you lose your job? What do you do?
> 
> Liz


I do HR admin for a large company, but like many companies these days they insist on a clean record. You'd be surprised how many companies run checks on their prospective employees these days.


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## logic (Jan 1, 2009)

Jenny Olley said:


> Have you contacted the rescue you got your dog from, they may have a resident behaviourist who will help you, and may even go to court with you as a witness to what you are doing to prevent a recurrance of this situation.


No I haven't but I shall do, thanks for that.


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## logic (Jan 1, 2009)

clueless said:


> I can understand how upset you are about this but I feel the authorities will look it in a way as your dog is a danger. It could have been a kid leaning over the gate or entering it.





rona said:


> Although I sympathise and understand your need to protect your dog., What would have happened if this had happened to a child? If this stupid woman could reach over the gate surely so could a child


Believe me, if I had seen any kind of aggression towards people, and I thought the dog was a danger to others we wouldn't be having this conversation. I can't actually sign his life away myself under the adoption terms from the rescue, but he would have been straight back there that day. If it was a child, my opinion would be different, although I was bit by several dogs as a child and not once did it cross mine or my parents mind to even report it, but we are a family of dog lovers. It wasn't a child in this case though and with the greatest respect to this woman, she should have known better than to approach a strange dog.


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## clueless (May 26, 2008)

logic said:


> Believe me, if I had seen any kind of aggression towards people, and I thought the dog was a danger to others we wouldn't be having this conversation. I can't actually sign his life away myself under the adoption terms from the rescue, but he would have been straight back there that day. If it was a child, my opinion would be different, although I was bit by several dogs as a child and not once did it cross mine or my parents mind to even report it, but we are a family of dog lovers. It wasn't a child in this case though and with the greatest respect to this woman, she should have known better than to approach a strange dog.


I know what you are saying and I agree with you I was just thinking maybe the authorities would look at it in a bad way. As I said I feel for you in this situation. Can you not offer this numpty some money to bet her off your back


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## ChinaBlue (Feb 3, 2008)

I would think that is the worst thing you could do offering her money - it is tantamount to an admission of guilt. A consultation with a solicitor is your best course of action and as someone has already pointed out most solicitors will offer a free consultation - some it will be 30 minutes other will be an hour.

Good luck.


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## spoodlemum (Oct 3, 2008)

It is a very good idea to check whether your house insurance will help with legal costs. Someone I know had a similarl situation to you and his house insurance covered his legal costs. His was a lady delivering newspapers who had come up to the house through a gate she had to open and his dog was lose in his own garden. He was found not liable.

Another option is to take out a Which subscription (£13 a quarter) and then join there legal scheme. Again, not very expensive but gives you access to a lawyer by phone during office hours. You don't always speak to the same lawyer but they do keep a record so they know what is going on. If this goes to Court it could save you a lot. You would represent yourself but with their advice, and they help with all the court documents. 

If the woman put her arm through or over the gate I don't think you can be at fault. If your dog jumped up and grabbed her over the gate that may be different. Why was she on your property and what was she putting her hand over the gate for?


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## logic (Jan 1, 2009)

spoodlemum said:


> Another option is to take out a Which subscription (£13 a quarter) and then join there legal scheme. Again, not very expensive but gives you access to a lawyer by phone during office hours. You don't always speak to the same lawyer but they do keep a record so they know what is going on. If this goes to Court it could save you a lot. You would represent yourself but with their advice, and they help with all the court documents.


I have looked at Which already and it seems they cannot help with criminal law cases unfortunately. It seems I will have to pay for a solicitor or defend myself entirely. I have also thought about citizens advice, the problem is getting to them when they are open.


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## lucana (Dec 30, 2008)

Hi, good luck with sorting it out so he can carry on living with you in the loving environment he deserves - if you click on my links below you'll find some interesting information on training.


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## AndyM (Sep 20, 2008)

As many others have said, befoere you do anything else, get legal advice. Perhaps even contact the RSPCA as well, to see if they can offer any advice.

As for solicitors, see if you can find someone who deals/specialises with this sort of thing, or one who has been there before.

Now, I have a vague (and I mean _very_ vague as it was a long time ago, so don't take it as 100% correct) recollection of reading something about having a "beware of the dog" sign on your gate, or similar, so that if something like this does happen, you have a little more weight on your side.

However, I still feel that while it is a shame this happened to the woman, she really shouldn't have done it. I've had dogs for years, and even I would think twice about reaching into their territory...


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## Guest (Jan 4, 2009)

Beware of the dog signifies that you have a dog to worry about, this would go against you. If you put a sign up it's best to just say something like please shut the gate dog in garden
This site may be of use
Endangered Dogs Defence and Rescue - Helping dogs in need


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