dog

PucaMama

if a person was walking a dog on the lead and the dog moved towards someone jogging past them and the jogger kicked the dog causing it to bite them is the dog owner in the wrong?

F1ngers

PucaMama wrote: »

if a person was walking a dog on the lead and the dog moved towards someone jogging past them and the jogger kicked the dog causing it to bite them is the dog owner in the wrong?

It seems to me as though the dog walker had insufficient control of the dog if it "moved towards someone".

On that basis(insufficient control), I would say the dog walker is in the wrong.

PucaMama

F1ngers wrote: »

It seems to me as though the dog walker had insufficient control of the dog if it "moved towards someone".

On that basis(insufficient control), I would say the dog walker is in the wrong.

what if the only reason the dog could move towards them is it was a narrow path

F1ngers

PucaMama wrote: »

what if the only reason the dog could move towards them is it was a narrow path

Well then, the dog walker stops, restrains the dog so it can't move towards anyone and moves on when way is clear.

It's not the dogs fault nor is it the paths fault.
Only one person had control of the dog(in this case they had insufficient control).

PucaMama

F1ngers wrote: »

Well then, the dog walker stops, restrains the dog so it can't move towards anyone and moves on when way is clear.

It's not the dogs fault nor is it the paths fault.
Only one person had control of the dog(in this case they had insufficient control).

so a person can kick a dog when walking past it and have no blame??

F1ngers

PucaMama wrote: »

so a person can kick a dog when walking past it and have no blame??

That's a different scenario to the one described in the OP.

In the scenario described in the OP, if the dog didn't move towards the jogger, they wouldn't have been kicked.

username123

Why did the jogger kick at the dog? They must have felt threatened? What was the behaviour of the dog while moving towards the jogger, wagging its tail or behaving defensively?

Manach

My 2c, first that some blame attaches to both parties: purely on the basis of under basic norms that the dog handler and the jogger for the escalation of the scenario. Second, though under the Dog controll act of 1986
"
9.—(1) The owner or any other person in charge of a dog shall not permit the dog to be in any place other than—

(a) the premises of the owner, or

(b) the premises of such other person in charge of the dog, or

(c) the premises of any other person, with the consent of that person,

unless such owner or such other person in charge of the dog accompanies it and keeps it under effectual control.
" - section 9
So based on the factual scenario outlined, I'd tend to agree with F1ngers that fault would be with the dog's owner in this case - all others things being equal.

Ashbx

OP you don't make it very clear if the person intentionally kicked the dog or not. If the person kicked the dog intentionally then no, the dog owner is NOT in the wrong. If the person accidently kicked it because it got in its way then its completely the dog owners fault!

I have kicked my dog accidently and tripped over her etc. but not once did she respond by biting me! Sounds like the dog has aggression issues or the jogger is not as innocent as he makes the situation out to be!

Little CuChulainn

Doesn't sound like the dog was out of control. It sounds like the jogger panicked because the dog got too close and instead of just backing away he kicked the dog.

No Pants

Little CuChulainn wrote: »

Doesn't sound like the dog was out of control. It sounds like the jogger panicked because the dog got too close and instead of just backing away he kicked the dog.

Q: How did the dog get too close?
A: Because it wasn't under control.

Little CuChulainn

No Pants wrote: »

Q: How did the dog get too close?
A: Because it wasn't under control.

Controlling your dog doesn't mean it can't walk near people. Have you ever actually walked a dog? Do you tighten the lead so the dog is against your hip? No. You give the lead some slack. That in no way means the dog is out of your control.

No Pants

Little CuChulainn wrote: »

Have you ever actually walked a dog?

Yes. Never have I needed another person to back away.

huskerdu

There is no way to sensibly answer the question.

WE don't know if the kick was deliberate or not, or if the dog owner and jogger disagree on this point
WE don't know if the dog was a bit out of control and ran at the jogger or on a narrow pavement and the jogger came round the corner and had nowhere to go to avoid the dog.
We don't know if it a nip from a scared dog or a serious bite from an aggressive dog.

To the OP - it all depends on the situation.

NSAman

Why the hell would you kick a dog anyway? Sounds to me like the jogger needs a kick of sense to stop being so stupid. Kick a dog and you expect the dog to not defend itself?

234

Liability for damage caused by dogs is strict. So once the dog caused the damage the owner is liable, there is no requirement of negligence or recklessness.

alicie1980

F1ngers wrote: »

Well then, the dog walker stops, restrains the dog so it can't move towards anyone and moves on when way is clear.

It's not the dogs fault nor is it the paths fault.
Only one person had control of the dog(in this case they had insufficient control).

I think so " only the person has the control on his dog"

Peregrinus

Little CuChulainn wrote: »

Controlling your dog doesn't mean it can't walk near people. Have you ever actually walked a dog? Do you tighten the lead so the dog is against your hip? No. You give the lead some slack. That in no way means the dog is out of your control.

Yes, I have regularly walked a dog. And yes, I do shorten the lead and keep the dog close to me if someone is coming the towards me, especially a jogger. Dogs tend to interpret joggers approaching as exhibiting aggressive behaviour (which, in doggy terms, they are) and to respond accordingly with a show of agression of their own. With results which are entirely forseeable.

Keeping a dog on a short lead when necessary to prevent him from displaying aggression to others is definitely part of exercising proper control of over a dog on the highway.

h2005

NSAman wrote: »

Why the hell would you kick a dog anyway? Sounds to me like the jogger needs a kick of sense to stop being so stupid. Kick a dog and you expect the dog to not defend itself?

Simple really obviously the jogger felt threatene i.e thought the dog was about to bite. Proved right in the end!:pac:

Prisoner6409

h2005 wrote: »

Simple really obviously the jogger felt threatene i.e thought the dog was about to bite. Proved right in the end!:pac:

If the Jogger kicked the dog after the dog bit him maybe you could excuse him, but kicking a dog just because it moved in your direction is just cruel. On that basis when I am out walking in the park I would be kicking 20 dogs a day, typically the dogs are just inquisitive or friendly. Plus the jogger could have given the dog and walker a wide berth to avoid any coming together. If that dog has a history of biting that's different but if not the dog just felt threatened and as it turns out, rightly so. Blame to be divided, all stand.

Taboola

NSAman wrote: »

Why the hell would you kick a dog anyway? Sounds to me like the jogger needs a kick of sense to stop being so stupid. Kick a dog and you expect the dog to not defend itself?

I'm absolutely terrified of dogs and although I'd never kick one, if one got too close to me I would panic so I generally would cross a road if I saw a dog coming towards me.

Maybe the jogger just panicked.

OP: Did they apologise?

Samsquanch

If you kick a dog with little reason then you are probably just an a hole
The law might look on things differently though