Dog attack - legal ramifications?

(18 Posts)
Hoppinggreen Sat 23-Apr-16 09:43:35

If a dog attacks another dog in quite a serious unprovoked attack can the first owners insurance company report it to the police as a dangerous dog if the owner hasn't?
Our puppy was attacked by a usually very friendly dog and I'm not really upset with the owner but it did result in a large vet bill. Our insurance company has paid out but they want the details of the other owner to pursue them for costs. I'm not too concerned that they will be hit financially ( they offered to pay our excess and were very apologetic and concerned - They were very upset and shocked too )but couid there be any other consequences for them and their dog?

tabulahrasa Sat 23-Apr-16 10:14:34

It's not a police matter because dog on dog attacks aren't usually covered by the dangerous dogs act...but they may well be liable for the costs of the medical treatment.

Hoppinggreen Sat 23-Apr-16 10:19:08

Thank you
I don't want to lie to the insurance company and say we don't have the owners details but I would hate for anything to happen to their dog

KindDogsTail Sat 23-Apr-16 10:23:52

That is kind of you. I am afraid I cannot advise you what what Tabulah says seems to make sense.

I went to the hospital after a bite from my own dog (forgiven under the circumstances) and the hospital did not report the dog to the police.

Poor puppy. Can you make out why the other dog was so aggressive? Usually dogs seem to be gentle with puppies I thought.

Hoppinggreen Sat 23-Apr-16 10:36:02

Totally baffled. We have met the dog before and he is well used to other dogs. It wasn't a warning either, it was a very nasty attack and pup could have lost an eye.
The vet thought it could have been because the dog was tied with their other dog ( bitch). Pup approached very submissively too.
We've put it behind us now and pup doesn't seem to be suffering any ill effects nd I was very pleased that The insurance company agreed to pay out ( pup is 5 months old and it's the 2nd claim) but I was horrified that they also asked for the name and address of the other owner to pursue them. What happens if you don't know it? My dog was bleeding badly and we had to rush him to the emergency vet, not sure I would think to ask for anyone's name and address in those circumstances. As it happens I do know where they live but if it was a stranger I wouldn't. DH thinks we should say we don't know but it seems wrong

SnoopDoggyDogg Sat 23-Apr-16 10:42:02

Do you mean it was tied up with another dog? On the lead?

Hoppinggreen Sat 23-Apr-16 10:49:36

I don't want to give too many details but it was tied to a fence with the owner standing next to him as she needed her hands free, the fence is by our house. I was having a conversation with the owner

GreyAndGoldInTheMeadow Sat 23-Apr-16 10:50:57

I thought attacking someone's animal is covered by the dangerous dogs act

'Out of control
Your dog is considered dangerously out of control if it:

injures someone
makes someone worried that it might injure them
A court could also decide that your dog is dangerously out of control if either of the following apply:

it attacks someone’s animal
the owner of an animal thinks they could be injured if they tried to stop your dog attacking their animal'

Hoppinggreen Sat 23-Apr-16 10:58:23

Thank you all but my post is really about what we should tell the insurance company.
The attack was a few weeks ago and we have tried to learn from it and put it behind us. I dont believe the dog who attacked IS dangerous, although I don't know what would have happened if it hadn't been tied up or on a lead, although we have met it off lead with no problems.

SnoopDoggyDogg Sat 23-Apr-16 11:06:05

The trouble is if the dog was tied up and your dog was loose and approached the dog and was attacked, your dog is deemed as out of control. The same thing happened to me except my dog was the attacker and the other owner was threatening me and saying I'd have my dog taken off me and stuff. I rang the police and a few dog wardens to see where I stood and the police said the other dog approached my on-lead dog so my dog is under control and the other dog wasn't.
So I'm not sure whether you'd be able to take it any further with the insurance or not. Hope your puppy is ok.
It's awful being on both sides. My dog has been attacked by other dogs too and the owners are all 'my dog's a softy and would never do that'
I think, really? Cos I've just watched it chase and bite my dog!

GreyAndGoldInTheMeadow Sat 23-Apr-16 11:06:25

Well the other owners insurance company may view it as a dangerous dog and potentially could then refuse them insurance as they won't want to be paying out if it's attacking other dogs, I think it would be unlikely that they would report to the police though.

BlackMarigold Sat 23-Apr-16 11:23:01

If your dog approached an on lead dog and was attacked then you're liable, not the owner of the tied up dog.
One of my rescue dogs is very defensive towards other dogs when he's on the lead and it infuriates me when other owners let their off lead dogs wander up to him, saying "Its OK he's friendly" angry.

Perfectlypurple Sat 23-Apr-16 11:25:20

The dangerous dogs act has changed. The police can deal.

Floralnomad Sat 23-Apr-16 11:31:53

From the information you have given here I think you should tell the insurance company that the accident was entirely your fault as her dog was tied up and you let your dog get near it .

tabulahrasa Sat 23-Apr-16 12:36:52

"The dangerous dogs act has changed. The police can deal."

Can isn't the same thing as routinely do charge people with owning a dangerous dog because it bit another dog...

Perfectlypurple Sat 23-Apr-16 12:43:28

I never said it was. tabulahrasa

WhoTheFuckIsSimon Sat 23-Apr-16 12:55:21

I really don't think the police would be interested in the other dog.

And if I was that dog's owner while I would feel bad and pay your excess I would tell the insurance company to jog on if they chased me for all the bill. What if they don't have insurance, it could be £100s and like people have said a tied up dog will see an approach by an untied dog as a threat/potential act of aggression and act accordingly......in their mind they're defending themself.

Hoppinggreen Sat 23-Apr-16 14:36:38

Ok, so by the sounds of it I can be completely honest about what happened and it shouldn't cause them any problems. The owner did actually call my dog over " to say hello" by the way as he is slightly nervous of other dogs at fist, but as I said earlier she had no reason at all to think he would attack my pup as it's totally out of character and we have met before.
I don't want to apportion blame, we probably both made mistakes I was just concerned that they wouldn't get into trouble since I'm genuinely not t annoyed with them.

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