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My dog is in DEEP TROUBLE...He has bitten and broken another dog's leg.

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auditt | 17:24 Fri 21st Dec 2007 | Animals & Nature
15 Answers
My dog was off his lead as we walked around the public park. Another dog walker was standing by her car with three dogs on leads. My dog went up to the other dogs to say hello, a lot of barking ensued and a scrap took place with one of the dogs it was all over in ten seconds, but my dog had bitten the other dog and had in fact broken its leg. the owner of the other dog has said there could be a rather large vets bill. The owner of the dog has contacted the police. Where do I stand with regards to responsibility and liability? The nature of my dog is calm and friendly an will play with other dogs, in the four years I have had him I have never known him to have a go first.
I think that the other dogs provocked him.
The owner of the dog has told us that I was in the wrong, as I did not have my dog under proper control.
My dog is a usually very over freindly 5 year old male staffie...He has been castrated.
Any advice/answers please.
Thanx, AudiTT.
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Its very difficult to comment based on one side of the story. You must admit it doesn't look good as your dog was off the lead and the other dogs were on the lead. Certainly if your dog had bit a human you would be looking at a large bill. I really dont know whether this applies to injuries to other dogs. I do feelk very sorry for you- and the fact that it is a Staffie should make no difference- but in a lot of peoples eyes it will. However reading your Q again you do not appear to have a lot on your side.
Afraid I agree with burnhal, auditt.

Is your dog insured, at least for third party? If not, you could be sued for an awful lot of money. If your dog was off the lead, you will be seen as in the wrong, and will therefore be liable, no matter what character reference you give your dog.

In future it may be wise to keep your dog in a lead unless in secluded areas, even if you don't feel it's necessary...better safe than sorry. You will probably be contacted by the police; tell them your side but don't be defensive...

I hope you can come to some agreement with the other dogs' owner, and the police too.
While I empathise with you, I dont think you have a leg to stand on (forgive the pun), put yourself in the other dogs owners position, what would you do?

I understand you believe he may have been provoked, but most dogs would run away and as SBT's are so unpredictable you should have had him on a lead. Personally if I see an SBT off the lead I ask the owners to keep them under control and if your dog had attacked mine, I would go balistic, and apart from sending you the vet bill, would possibly prosecute dependant on the circumstances.

I'm afraid it maybe worse than being sued, it is likely that you may have committed an offence under the Dangerous Dogs Act 1991.

Here's the law.
3 Keeping dogs under proper control (1) If a dog is dangerously out of control in a public place�
(a) the owner; and
(b) if different, the person for the time being in charge of the dog,
is guilty of an offence, or, if the dog while so out of control injures any person, an aggravated offence, under this subsection.

Here's the punishment
4) A person guilty of an offence under subsection (1) or (3) above other than an aggravated offence is liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both; and a person guilty of an aggravated offence under either of those subsections is liable�
(a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.

They can also order your dog to be destroyed.
in most public parks it is not allowed to let a dog off the lead, if there is a by law about this you will be in trouble with the police and the local authority.
I was once attacked by a dog on Belmont Downs. Some scraggy female was hooting 'ooooh he won't hurt you he's a little darling.'

Well get the F----R off me please. She then told me to F--K off. Dogs, all dogs that attack should be shot.

As I have posted on this topic before, my dog was attacked by a Staffie who was not on a lead.
The Dog Wardens visited the owners. We did not press charges, but insisted that the dog be on a lead at all times.
Staffies are great with people but have a tendency to dislike or fight with other dogs.
My dog was badly bitten but is still bouncing around.
Think you may have to pay the Vet bill though.
I had to revise my cycle route to work because of a vicious Alsatian. Nice doggies ? No way, a horrible snarling animal. If this thing had not been on a lead it would have done me some real damage.

Your dog by your own attestation is not quiet and friendly.

I'm afraid you are completely liable and should incur any vets bills, I hope for your sake the other owner doesn't decide to take things further, you may be told by the police that you must keep your dog on a lead from now on, sorry to be harsh but NO dog is 100% reliable and we as dog owners must realise this and keep our dogs under control at all times and to introduce our dogs to strange dogs safely, I have 4 big dogs 3 of which are German Shepherds so I have to be careful because a lot of people are very distrustful of them and I fully understand that, and in almost 40 years of keeping this breed of dog I haven't had any mishaps, I would never become complacent though.
Well I do hope that it does not come down to your dog having to be destroyed. If this was the first time he has acted like this, then I personally do not think this should happen. Whether he was provoked or not, the responsibility is yours. You did not have control of the dog. You should pay the vet fees. If the police become involved then you must not try to talk your way out of it. If you own up to being in the wrong, and promise to keep your dog on a leash in a public place from now on, they might go easy on you. We all make mistakes.Your attitude will determine the fate of the dog. If they feel that the dog is dangerous and you are not a responsible owner then I dont want to think about the consequences.
As a cyclist I am really fed up with dogs. I now carry a large stick on my crossbar, and when one of these really friendly animals comes up to me trying to take my legs off I beat the sh!t out of it.
I would advise you to contact the owner of the injured dog and state that you will pay all expenses they incur, you will be lucky if they don't report you to the police for having a dog out of control in a public place.

If you offer to pay (which could come to hundreds of pounds) then they may accept your offer and if you promise to keep your dog on a lead then they may take no further action.

Remember too that you can no longer say that your dog has 'never done anything like that before' and think what could happen if the person holding the dog it attacked was a young child. The instinct is to try to help the dog and they may get badly bitten in the process, and there would be only one outcome in that situation.

Unfortunately this kind of incident seems to be far more common and this is the second Staffie involved in an incident reported on here within a week. Staffie owners must realise that although they appear harmless and friendly they are a breed that doesn't necessarily start anything, but they sure as hell will finish it. They have the strength and ability to take on dogs much bigger than them, and seem to enjoy the opportunity to have a scrap if offered one.

Please, if you have a Staff or similar breed, be aware of this and ensure your dog is under close control in the company of any other dogs.
I would add that I always put my dogs on leads when another dog is approaching. If you cannot control a dog by calling it away and back to you then it should not be off the lead in the first place. 'Going up to say hello' is no excuse - if a dog off the lead comes up to mine when on the lead they will go ballistic and try to 'see it off' and I have no doubt that they would do damage if a dog came too close - and they are all under 12" tall!

I must admit that I have become very wary of Staffs off the lead - give me a Shepherd or Rott anyday.
i really think that dogs should be kept on leads. when i am out with my dog, i find it very intimidating when other dogs are off their lead. all dog owners should have a retractable lead with a long cord so at least there is some control.
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Thank you for all the replies, no more please!....I am waiting for the police to make contact with me, and I have spoken to the owner of the dog.
This was a 'genuine' mistake... I walk my dog at the same park every day,each and every day we meet other dogs and my dog and them have a play, my dog is well liked by other dog walkers....This has come as a complete shock to me and my family and even my dog knows he has done something wrong.
My family and I are on tender hooks, it is the not knowing that is the hardest bit.

I'll keep you posted........
AudiTT.

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