Dog bite

[michael j]

My was walking our dog today, off the lead. They came across 2 other dog walkers and our dog started playing with one of the dogs who was also off the lead, but when he approached the other dog, who was on a lead, they had a bit of a scrap. Stupidly my wife tried to separate them by grabbing my dogs collar, at this point she was bitten by the dog that was on the lead. Because of this we went to a&e for a tetanus jab,some antibiotics and a couple of steristrip stitches. We've put it down as 'just one of those things' however, we've just had a phone call from the other dog owner telling us his dog requires an operation for a cut below his eye and wants us to pay his excess.
Is it just one of those things, or because our dog was off the lead are we in any way liable? The person walking the other dog isn't the owner(if that makes any difference).
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Ducati 996

[Dave70]

Unfortunate but, as the other persons dog was on a lead and yours wasn't, I'd guess you'd be liable, as you'd be deemed as not being in control of your dog, as opposed to the other person who would be as they had their dog on a lead.

I'm no legal expert though.
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There ain't no devil, there's just god when he's drunk.

2012: R125 killed by white van. 2016 R125 killed by 30,000 miles of redline. Current: 2016 Kawasaki ER6f.

[andy_uk]

It may also depend on "who started it".
If their dog was the antagonist then the onus could be on them.
You could also mention the A&E visit for the bite from their dog and ask them how they would like you to pursue that...

At the end of the day though, it depends on how much the excess is.
If it's just a small amount then it may be worth paying it to avoid the hassle...and as Dave70 rightly said, you could be classed as not being in control of your dog.
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Aprilia Classic 125, GS500E, ER5-A1, ER5-C4, ER6 & an XJ6 project frame...

[wr6133]

Tell them about your wife's horrific injury and subsequent emergency treatment in A&E, express how shockingly expensive plastic surgery to hide scarring is and how it's such a shame that dogs that bite humans in public places are usually seized and then killed.

Then ask him how much he wants for the excess?

[Dave70]

[map]

Yet your wife was bitten.
Mention the dangerous dogs act.
Also have a read of this government site on the subject.
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[Tristan.]

[stinkwheel]

The law requires dogs in public to be under close control.

Your dog was not under close control. Your fault, you'd almost certainly be held liable. Be thankful they're just asking for the excess, they could take you to the small claims court for the full amount of the vet fees and would probably succeed.
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[Lord Percy]

Cheeky sod. Just say no.

Sounds like a lie anyway. A cut below the eye needing an operation? Why?

Also if it really is going to be taken down the absolutely absurd route of insurance, liability, etc. Consider how they're ever going to prove who's to to blame for such a thing.

[Tristan.]

[J4mes]

Which in the eyes of the court is all that matters.

[map]

[CaNsA]

They have 2 dogs.

1 dog was happily running about free.
1 dog was on a lead.

Makes me wonder why that dog was on the lead.
Could it be a cunt of a dog that just wants to fight with everything...?

I do know that some dogs are more aggressive towards other dogs when on a lead, but soft as shit when running free.

[Nash GT]

Sadly if your dog was off the lead, you are liable also you'll find that your pet insurance if one is in place would not honour 3rd party damages if your dog is off the lead.

I had a very similar situation followed by a visit from the local bobby as a complaint was lodged against me for having the dog of the lead and subsequently the fucker getting into a fight with two other dogs.

Our dog is friendly as you like with people but will often go loopy at other dogs, so he can't be trusted of the lead.

As for your wife getting bit, the dangerous dog act is unlike to apply as rightly or wrongly she put her hands in the way of a vicious dog while it was on the lead.

The law can be/is Gray on this subject and usually people like your self who end up bearing the brunt of it.
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Suzuki GSF600N

[wr6133]

[CaNsA]

[stinkwheel]

[MC]

How did they get your number?

You'd have thought the dog was on a lead for a reason. I'd personally tell them to f**k off, your wife was injured by their dog, tell them you were willing to let it go but will now be reporting the matter to the police.
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Yamaha MT-03 '08 (crashed)
Honda XR-125L '04

[_Iain_]

You gave a random stranger your details after something like that?

Hell no.

That's asking for greif, what good could possibly have come of it?

I'd ignore it. In the event of the police then getting involved I'd simply claim my dog was on its lead, their dog wasn't and it attacked my wife. With no evidence to support anything then theres simply no way of anyone getting any kind of conviction is there? Problem solved.
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[michael j]

Thanks for all the input, it's very helpful. The other person walking the dog already has our phone number and has looked after our dog before.
When the dogs having a pop at each other, the other person dropped the lead.
One dog is a 2 yr old intact retriever, the other a 9 yr old neutered staff.
The altercation happened after they'd been chatting for approx 10 minutes, my dog didn't run over and attack the other dog.
Once again, thanks for the input.
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Ducati 996

[Rogerborg]

Retrievers, the cuddly assassins of the doggy-dogg world.

Block and ignore, dunno what you mean, you got pics or a witness, mate?

I say this not to help you, but just because it fu​cks over another dog owner. Essentially anything that harms anyone who drags around one of those smelly, shitting, barking, biting beasts is good with me.
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[covent.gardens]

I don't think this has been asked before - how much is the excess?

You know this person because they've looked after your dog before... and you know you were at least partially at fault, as you've let your dog off its lead whereas the other dog was on it. In these circumstances I'd be paying.

[jeddy11]

Are you looking at whats the right thing to do or trying to get out of something which you know is your fault ?

If my dog whilst on a lead gets hurt / injured by a dog off the lead yes im going to look to the owner as responsible dog owners to pay my excess and to apologise. Same as if my dog whilst off the lead hurts / injures another dog i would be responsible.

If both dogs are off the lead then its fair game i suppose unless its some chav with a dangerous dog purposely letting it off for a scrap but then its getting complicated where your case isn't .

I would however ask for the receipts from the vets...
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[Ste]

Why was it off the lead if not under control?

[Joncrete Cungle]

Keep your dog under CLOSE control! Ended up shooting a Staffy type dog that was worrying livestock yesterday. Wish I could have shot the 'owner' to boot.