Is there shared responsibility in a dog attack?

Reggie200

Hi Guys,

Wondering if anyone can assist please.

My dog attacked another dog 6 months ago. The other dog had been repeatedly going to my side gate were the dogs were and using my garden as a toilet.

The owner of the other dog knowingly allowed their dog to do this and knew the reaction of my dogs. The other dog was always offlead, with the owner over 30 feet away.

On the day of the attack, my sitting room window was breifly open when the dog again came into the garden. On seeing the dog, my dogs jumped out the window and attacked the other dog 9 feet from my front door and in my garden. Everyone knows that dogs are territorial. Unfortunately the dog was injured.

I assisted the owner as much as I could after the attack and offered to bring the dog to the vet and calling the vet ahead that the dog was injured.

After the dog was treated at the vets, I paid the bill in full and notified the owner that I deemed the matter closed.

Now, 6 months later the owner is demanding I pay a further bill, out of the blue, as there were further complications as a result of the injury. There have been threats also of solicitor letters and calls to the dog warden.

I believe the owner of the other dog should bear some shared esponsibility in the event as they knowingly allowed their dog to be offlead and provoking my dogs.

I have settled the vet bill to cover 50% of the overall cost and believe the owner should accept some responsibility here.

At the moment, I simply don't have the money to pay the other 50% which I wasn't expecting having believed the matter closed.

I have read the control of dogs act many times but are there times that the owner of the other dog should accept some responsibility / be liable for some of the costs as I believe their actions contributed to the attack?

(Originally posted on Saturday but discussion closed as I had in the wrong category- thanks to everyone who replied during that short window)

beachhead

I believe the other dog should have been on a lead in a public place.I know the dog doesn't understand(it did what dogs do when loose)but didn't the owner allow it to wander out of his control and it trespassed onto your property.I won't offer advice but this subject has come up before on Boards-someone will help you.

Grawns

Might be one for legal. Your house insurance should cover perhaps. I was surprised recently to find out the home insurance covers such things. Put it in there hands and they should know the legalities. Best of luck!

gmisk

The dog was in your garden.

You did the right and decent thing imo paying an initial vet bill. 6 months later they are chancing their arm. I would talk to a solicitor personally.

the beer revolu

Personally, I'd tell them to swing.

Your decency in paying the first vet bill is now playing to your disadvantage. The dog should not have been on your property and was not under effective control. As I see it, you have no liability at all.

I would politely tell them that you will be doing no more. If they involve solicitors, perhaps you should too, but I'd say they are chancing their arm and don't have a leg to stand on.

(not professional legal advice - just unprofessional opinion)

mary 2021

You were more than generous at the initial attack, most people wouldnt bother so maybe phone their vet and see if its related. Ask the vet if he thinks the recent bill is related to the original injury you can ask as you did pay for the original injury so you have a right to ask you completed the contract with the vet at that time of the original injury.

AyeGer

Their dog should not have been in your garden uninvited. Your dog defended his territory. I think you shouldn’t have bothered paying anything.

Paulzx

Their dog was not under effective control and was loose on private property. They bear as much if not more responsability for the incident. I think you have been extremely decent in assisting them with their costs originally.

However some people see decency as a sign of weakness and will come back to try and exploit this. A solicitors letter is not worth a damn. It's nothing more than an intimidation tactic. You don't need to be paying for any legal advice at this stage. Just ignore any solicitors letters unless you are actually sued. I can't see how anyone will go to the expense of a legal action over something this minor.

I think the dog warden will probably take as much interest in their lack of control over their dog but make sure you have a dog license in case the warden calls.

Gael23

You done nothing wrong and were under ni obligation to pay for anything because the dog was uncontrolled in public . You’ll need a solicitor though

the beer revolu

I see no reason for the op to engage a solicitor at this point.

The neighbours will probably back down and won't go to the expense of engaging a solicitor for a case they can't win. They are just chancing their arm.

Hold tough.

While well meaning and kind, it's a pity that the op paid for the initial vet's fee. It suggests acceptance of responsibility.

Not a penny more, would be my view.

As judge judy used to say " no good deed goes unpunished " in that doing the 'decent' thing at beginning is now a bit of a " fly in the ointment " & neighbours think there's a shot at a 'second bite' of the cherry.

Just hold tough for now..... DEFINITELY DO NOT make a 'go away' offer ( might be tempting)....ride it out....itll probably die off but be prepared to fork out for solicitor

maestroamado

There is no shared responsibility here for me... the dog trespassed on your property and was sent packing....

Hi Reggie200.......... any update on this .......did it just "die on the vine"?????