Any advice on law about dog that attacked my dog?

Posted under Home gardening advice | 21 Comments

MY son and i were out walking with my miniature schnauzer and new puppy a 12 week old cavalier king charles spaniel.When on the way back from the park as we walked past a house a dog jumped over the garden wall and attacked my schnauzer.Which thank god i was holding on a lead .It was attacking my dog for about 20to 30 seconds before the owners anserwed our screams.After about 30 seconds we got the dog off .The owners didnt seemed to be bothered just said it was an accident.But my schnauzer was bleeding and i rushed him home.I had to take him to the vet,he had a lot puncture holes had to be sedated so he could be stiched up to a 2 in cut to his back,had a lot of bruises a a bloodshot eye ,on 2 sets of pills.The bill came to £180.I called the police but was told it was not an offence for a dog to attack another dog.I took the bill to the owners of the dog but didnt get anywhere.Surely it can not be right for a dog to attack another dog and just get away with it.The puppy is fine.

I had a similar problem, my friend has a Mix breed terrier possibly part staffie and he is a nasty piece of work. I used to take my dog to work with me and she popped in to see me one day knowing full well I always have my dog with me. She didn't ring the bell or knock she just walked straight in and with that my Jrt went to greet her at the door and was automatically pounced on and attacked by this dog. He was ripped to shreds and in total shock. I rushed him straight to the vet and it cost me over £200 to get my poor little guy fixed. She phoned me up later on in the evening and basically blamed the whole thing on my dog and refused to help me with the bill (some friend aye). Obviously we aren't very close friends any more!
Anyway as with most things Karma caught up with her in the end because she was attacked by a dog the other day outside my house whilst walking her little monster and now she is demanding the woman who owns the dog pays her vet bill! I saw the whole thing and she asked me for a witness statement! And……………… No she didn't get one call that pay back!!!

Good luck I just hope your pup wasn't scarred by witnessing it!

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21 Responses to “Any advice on law about dog that attacked my dog?”

  1. LMT07 Says:

    You might want to call an Attorney and tell them what happened. They would know all the laws.
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  2. Behaviorist Says:

    I don't know what the laws are in your area- I'm guessing since you mention pounds you're in the UK. In the US you can take a dog owner to small claims court to try to get your veterinary bills reimbursed.
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  3. James Says:

    it have taken the law into my own hands and kicked the other dog really hard in the ribs.
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  4. JR Says:

    Where I am in the states yes. Animal control should be confining the dog due to rabies. That is national in the states and I would think it is there also. Please continue to call others. Animal control or whatever you have to. I have seen many times police officers have different opinions. And the city I am of rejects and rookies you really want a second opinion.

    I am not sure how small claims works there but I would find out and that owner should be liable. I know if one of my ignorant fools did something I would be held responsible.
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  5. me Says:

    maybe if you go to the anti cruelty society in you area or maybe the your own vet can tell you what to do or just look for a lawyer
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  6. carswoody Says:

    Are you from the UK?
    If you are then you are entitled under civil law to sue the owner of the dog. The police will not help because they cannot. It is not a criminal offence for one dog to attack another in the uk. However under civil law it would be down to you to show the court that the attacking dog was not secure and therefore able to attack any passing dog in the street. You should then be able to claim back any expenses incured at the vets.
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    You need to either contact citizens avise, or a solicitor.
    Both will help you form a civilian law suit against the owner of this animal. Also inform the Rspca about this dog and owner.

  7. 2Beagles Says:

    I'm in the US, but you should call your animal control officer. Any dog that attacks another dog should be put down. I can't believe your country doesn't have any laws like this. And I'd take the dog's owner to small claim's court to get your money back.
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  8. doc_jade Says:

    Drafted at speed after string of dog attacks, and much-criticised
    Bans breeding and sale/exchange of pit bull terrier, Japanese tosa, Dogo Argentino, and Fila Brasileiro
    Also bans all dogs "appearing… to be bred for fighting or to have the characteristics of a type bred for that purpose"
    Also covers any dog "dangerously out of control"
    But this applies only to public property, or private property where the dog is not permitted
    Out-of-control dogs can be seized and destroyed, and the owners faces a fine or up to six months in prison. If the dog injures someone, that can be up to two years.
    This is from the animal control act:1882 in the UK
    References :
    bbc online

  9. evickicnc Says:

    you can take this to small claims court and chances are you would win the vet bills, as long as your dog was on a leash. collect all vet bills, know your dates, and keep record of all the times you talked to the owners of the attack dog.talk asking for reimbursement of the vet bills. don't get nasty with these people. record phone calls. if you can, check to see if the dog has gotten out of the yard and attacked another dog. all of this should help you win your case although i don;t think you will have a problem getting reimbursement for your bills.

    also take pictures of your dogs injuries
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  10. Jess Says:

    You had your dogs on leashes so you were within the law. They were breaking the law, even though the dog did jump the fence.

    They should be liable for vet bills incurred.
    References :
    http://tiaspetplace.com/forum/index.php

  11. uknative Says:

    I'm assuming you're in the UK as you mentioned the vet's bill of £180. Surely this incident comes under Section 3 of the 1991 Dangerous Dogs Act, ie., 'Section 3 applies to all dogs, making it a criminal offence to allow a dog to be dangerously out of control in a public place. This includes instances where there is fear that an injury might occur. Owners found guilty under either section of the Act could have their dog destroyed, face the possibility of six months in prison and/or a fine not exceeding level 5 (at present up to £5,000).' If a dog leaps a fence and attacks another dog, whilst that dog is on a lead and in its owner's control, surely that's being dangerously out of control and not acceptable under law. It could be claimed that the dog could just have easily attacked you or your son had you tried to intervene. You should be able to walk down that street again with your dogs on leads without fear of attack. I would seek legal advice on this; many solicitors do offer a free half-hour consultation, or you could try CAB.
    References :
    http://www.dogstrust.org.uk/information/factsheets/doglaw/presentlaw/

  12. pyrateBabe Says:

    I don't believe that a whole lot can be done, but you could tell these people that you are going to bring them to small claims court, which is possible. You just need to keep the proof and documentation that your dog was attacked, and there you have it, the judge will most likely rule in your favor do to the cercumstances.
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  13. sarahc Says:

    I had a similar problem, my friend has a Mix breed terrier possibly part staffie and he is a nasty piece of work. I used to take my dog to work with me and she popped in to see me one day knowing full well I always have my dog with me. She didn't ring the bell or knock she just walked straight in and with that my Jrt went to greet her at the door and was automatically pounced on and attacked by this dog. He was ripped to shreds and in total shock. I rushed him straight to the vet and it cost me over £200 to get my poor little guy fixed. She phoned me up later on in the evening and basically blamed the whole thing on my dog and refused to help me with the bill (some friend aye). Obviously we aren't very close friends any more!
    Anyway as with most things Karma caught up with her in the end because she was attacked by a dog the other day outside my house whilst walking her little monster and now she is demanding the woman who owns the dog pays her vet bill! I saw the whole thing and she asked me for a witness statement! And……………… No she didn't get one call that pay back!!!

    Good luck I just hope your pup wasn't scarred by witnessing it!
    References :

  14. porkchop Says:

    Unfortunately the laws to protect animals are so inadequate that many times nothing is done.

    In most states it is the owners responsibility to keep the dog on a leash, or contained in an area out of harm to other animals, and children. You can bet your butt that if that dog had jumped out and bitten a child or an adult, that the police would have shown more interest!!!

    Perhaps you could enlist the aid of your local Human Society, or ASPCA ?? Get their advice and see if there is anything you could do.

    Thankfully, your schnauzer and puppy are ok. You could also enllist the advice of a lawyer and see if there is anything you can do in small claims court. Best of luck to you and hope your doggy has a speedy recovery.
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  15. Lab fan Says:

    The owner is liable – he is under a duty to keep his dog under proper control at all times and should be insured for this. So you need to contact the owner and make your claim – suing if necessary.

    As for the police I thought that sort of attack was against the law – well any sort of attack actually – and they would get involved, so I would try again or contact the RSPCA.
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  16. boon Says:

    its all been said already but i will back it up go and see your local CAB or a solicitor because (as somebody else stated) it may not have been just your dog that got attacked it may have been your child too if the conflict continued without the owners coming out. personally i am overly protective of my dogs (they're to soft for there own good lol) an after i got back from the vets i would av gone round to the house an knocked the owner flat on their back. but thats just me
    References :
    my door sign reads "caution friendly dogs, bad tempered owners"

  17. Heavenly20 Says:

    I've heard that if your dog is attacked on more then 1 occasion by the same offending dog,then you can put a complaint in to the dog warden who then obviously takes it further.Irresponsible ownership is so sad for the dogs,people buy a breed they have no idea on.This is a very unfortunate and horrible accident for your poor dog and this could have really affected your pup who is constantly learning.I would phone around the local dog wardens and see what your rights are and make a complaint to your local council etc.I'm sorry i can't be no more help but not sure what the rights/law are for a dog that attacks yours from it's home.Good luck.
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  18. charlotte l Says:

    Hi, firstly I hope your dog has recovered.
    If you are in the uk then it is the responsibility of the owner of the dog who was not on a lead to pay for the vets bills of the other dog. ie two dogs fight both on leads – each owner takes responsibility, one on lead one off lead it is the responsibility of the owner whose dog was not under control.

    Good luck
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  19. Dan the Man Says:

    report it to the dog wardens in your area a dog can get two warnings and then it can be put down but your case could go to court if you wanted it to go that far
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  20. PetLover Says:

    You can take court action against the owners but this will be tedious and as its a relatively small amount of money, it will probably cost you more money than you'll get back.
    The best thing to do is to insure your dog so that you are financially protected against things like this. The insurance company will then decide if they want to take action to recover the costs of any treatment. You will not have to worry about it.
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  21. shelagh.medic@talk21.com Says:

    As you were on the footpath and the dog jumped the wall it was dangerously out of control in a public place. I would go back to the police and push that point. It could have been your child it attacked. In fact the next time it could be a child. It is an offence to have a dog dangerously out of control in a public place and the owners should be made to take responsibility for it. Unfortunately it would probably cost you more to take them to court for the vets fees than you would get from them so I'd drop that idea. For your own safety I would avoid that area in the future.
    Hope your schnauzer is ok now.
    References :

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