Dog Bite

Discodog

This has been raised as part of a discussion on the Animal board & it has been raised their before.

A dog bites someone, for example a neighbour. The incident occurs on the premises of the dog's owner. The Guards are involved & say that the dog will have to be put down.

Now I know the Control of Dogs Act pretty well but I cannot see what crime the dog owner would of committed. There is no question of the dog not being under control as it was on the owners property. As I can see no crime I fail to see how the Gardai could act.

Surely this is a Civil matter.

Thoughts please

Delancey

The Gardai have no right to insist an animal be put down - that is not for them to decide.

Discodog

I agree but what has happened in several cases is that the Gardai have told the owner to hand over the dog to the Dog Warden. But again if the incident has occurred on the owner's premises what is the crime ?. The Dog Warden enforces the Control of Dogs Act which seems not to apply if the dog is on the owners premises.

If you break into my house & my dog bites you, surely you can only seek a civil redress not a criminal one.

Delancey

Ordering a dog to be brought to the Warden is the same as ordering it be destroyed and people ordered to do so by any Garda should refuse to comply - it is not their decision.
Any Garda telling me to do that would get short shrift from me.
I agree that it would appear to be a civil matter as it has occured in a private house but others here who know more about the legalities side of things may disagree.

Discodog

Section 5 here suggests that a rider applies if the dog has attacked someone it can be dealt with as a dog that was not under proper control but surely that applies to it being in a public place & not the owner's premises.


22.—(1) Where—

( a ) on a complaint being made to the District Court by any interested person that a dog is dangerous and not kept under proper control,
( b ) on the conviction of any person for an offence under section 9 (2) of this Act
it appears to the Court that the dog is dangerous and not kept under proper control, the Court may, in addition to any other penalty which it may impose, order that the dog be kept under proper control or be destroyed.

(2) Whenever the Court orders the destruction of a dog pursuant to subsection (1) of this section, the Court may—
( a ) direct that the dog be delivered to a dog warden or any suitable person to be destroyed, an
( b ) direct that the expenses of the destruction of the dog be paid by the owner of the dog.
(3) Whenever a dog is delivered to a dog warden or any other person pursuant to an order of the Court to be destroyed, the person to whom the dog is delivered shall, as soon as possible, destroy the dog, or cause it to be destroyed, in a humane manner.
(4) Any sums payable by the owner of a dog pursuant to a direction of the Court under subsection (2) (b) of this section may be recovered by a local authority as a simple contract debt in any court of competent jurisdiction
(5) Where a dog is proved to have caused damage in an attack on any person, or to have injured livestock, it may be dealt with under this section as a dangerous dog which has not been kept under proper control.

nuac

See Section 22(5) of CODA 86.

If Dog Warden, Gardai, or person bit applies to the District Court under that subsection the Court may order that the dog be put down.

Even if that bite were not too serious, all involved would be concerned that the dog might bite someone else more seriously.

Discodog

So that implies that, if someone enters your property & gets bitten by your dog, that the dog is dangerous & not under proper control ?.

nuac

Yes imho if a dog bites someone it is deemed thru s 22(5) to be dangerous and out of control. It does not matter if this happens within your own property.

Coriolanus

Application still has to be made to the Court though, no? As in, it's not at the Garda's whim.

Discodog

nuac wrote: »

Yes imho if a dog bites someone it is deemed thru s 22(5) to be dangerous and out of control. It does not matter if this happens within your own property.

I also read it that way but assumed (dangerous thing to do with Irish Law) that it was such a ridiculous idea that it cannot be what was intended when the act was written.

Next question. Is there any way of totally clarifying this or is it going to be at the individual interpretation of a Judge. Are previous judgements relevant & is there any way for a layman to look into these ?

nuac

Matter for the District COurt in each case.