Friend's dog bit a child, whose fault?

It's not a bite if it didn't break the skin

I would say dog owner at fault, 1.5M too long for a path with oncoming people, also peoples estimations are generally in their favour so I’d guess it was longer than this. A dog with no muzzle should be able to accept people, children and adults sometimes will pat a dog and if a dog bit my dc I would be upset. Best for your friend to muzzle dog now, sometimes as dogs get old they get cranky.

I do tell my dc to ask before stroking a strange dog, but either way a pet in public should always be safe so question.

The child’s parents should teach them to ALWAYS ask if it’s okay to pet a dog. If the answer is yes, the child should offer their open palm for the dog sniff before petting the dog. My children knew this by the time they were 4 even though we didn’t own a dog. I understand that the child and parents were shocked, but as OP said, it was a warning nip, not full on chomping on her hand drawing blood and crushing bones.

In the case where a child has serious injuries from a dog bite you think that ultimately it’s the dog and owner ‘paying the price’?

If a dog bites a human it should be put to sleep. It’s not acceptable for a trained animal to bite a human, especially a child. I agree child shouldn’t have touched dog but, dog owner should be in control of dog in all situations, as a responsible owner. The owner was not paying attention this time.
Child and its parents - not great behaviour but it’s a child/human being
Dog owner- not paying attention - not acceptable when around small children
Dog (on lead) - bit small child - completely unacceptable
Too many dog owners think their dogs are humans when they’re not. Dogs are not trained and are spoiled. I have always had dogs, but it’s getting out of hand with lazy dog owners.

This dog should be properly controlled and/or muzzled on walks. Dog owners are forever telling me & my kids that their dogs are friendly and please pet them. Whilst we don't, most kids do, and it's now the norm to see kids round here petting dogs they don't know. If a dog isn't happy with that the owner needs to put him on a shorter leash or have him wear a muzzle on public paths because other dog owners are encouraging this behaviour in kids and your dog can't react like that & bite them.

Our lives are ruled by dogs now. It is so depressing.

Both parties are at fault. Unfortunately, the dog now requires a muzzle on all walks. I know it’s upsetting, especially as it seems like it was partly the other party’s fault, but once a dog bites once it’s what must be done. They can now no longer truthfully say their dog has never bitten anyone, and once that’s the case, the dog needs to be acknowledged as a biter and precautions need to be put in place going forward.

And OP’s friend needs to learn how to walk her dog on a short lead

💯

But not to the law

Not 'according to me' at all. According to the law, passed to me by dog law specialist solicitor, Trevor Cooper at several dog law seminars.

It isn't fair and I've said that - but ultimately the dog owner is responsible for protecting their dog from other people, other peoples kids... AND for preventing their dog from harming anyone - the unfair part is, that counts EVEN if the other person chooses to do something stupid, cruel, dangerous... the dog owner still runs the risk of legal action against them, particularly if there is no photographic, video or reliable witness accounts of the incident.

Now hopefully should anything go as far as court, the courts would be reasonable, see sense, see that a dog on a lead was approached by a stranger, see that the owner is responsible and had no reason to believe their dog was a particular risk in that situation.. but that isn't a guarantee. You could get a dog hating judge, you could be dealt with by police officers who are scared of or really dislike dogs.

Best to know how the law works and avoid falling foul of it than put your dog at risk!

4 metres wide path with 2 sets of people walking past each other IS narrow!

I think the parents are more at fault as they shouldn’t have let their child go up to an unknown dog like that.

But I also think an extendable lead and the dog 1.5 m in front is too far in front on a pavement with pedestrians. Seeing the family approach was a time to bring your dog closer to you even if you had been using the extendable lead beforehand.

You just never know - as a pp has said, children and dogs are an unpredictable mix.

Muzzling can be very distressing for dogs and make their behaviour worse, a blanket approach is completely unnecessary.

There are consequences for running up to strange dogs, which is why it is better to teach people not to do that. Punishing a dog by muzzling them because of someone else's poor behaviour is awful.

It’s bitten now so could do it again. Having yoir dog so far ahead that you can’t react to it is irresponsible imo

Skin wasn’t broken? Not really a bite then, just a warning.

People are idiots. If that had happened to my child I'd have said "well you've learnt a lesson, don't pat strange dogs without asking". If it had been my dog, I'd have apologised but added in "he doesn't like being touched by strangers and wasn't expecting it". We've a lovely lab, very good with kids but he is over enthusiastic and large, I always say no to requests for petting him from kids under 8. He is so large he can accidently knock them or scare them or try and lick them. If people don't take heed of that warning, absolutely not my problem. A genuinely "dangerous dog" is a dog who can do serious damage without provocation - this dog gave a warning nip when touched inappropriately without warning, he's not a snarling beast out lunging at people and he was on a lead. Dogs are animals and therefore unpredictable, in theory they can all be dangerous and as a result you should respect them and listen to their owners who know them, not randomly slap them on their heads. Same goes for horses being "bomb proof" and then people moaning they bolted when a fire alarm went off or a bird flew at their faces - animals are animals, not robots and that means there's always risk involved.

It's 50/50

Parents should make sure their children don't approach dogs without permission.

Dogs should be on a short lead.

It is no suprise that the siscourse has, in some cases become hysterical.

Nipping = warning. It leaves no marks or injury and is a "leave me alone" signal

Biting - what it says on the tin.

Two different behaviours.

A dog nipping or someone does not automatically mean an offence has been committed, and there is no rule that every dog that has nipped must be muzzled in public.

The Dangerous Dogs Act requires the legal test for a dog being “dangerously out of control” to be met; the circumstances matter. A dog reacting defensively to a child nanhandling it is not legally equivalent to an unprovoked attack.

An actual bite can be serious, but “it touched someone with its teeth, therefore instant criminal offence” is not how the law works. The CPS is very clear in this regard. It is case by case basis where all circumstances leading up to and during the event are taken into account. You can check their website. It's all there, make sure you read carefully and see what it actually says, not what you want it to say.

Clocking out of the thread now as I can see it descending into hysteria 🙄

50/50 on the adults here. Children and dogs are unpredictable it’s up to the adults in the situation to manage it safely and both sides have responsibility here. FYI if the dog is elderly I would also get it checked at the vet to make sure it’s seeing and hearing ok and in general good health because if this is unusual behaviour for the dog something could be going on health wise.

Legally speaking there is now mandatory reporting of dog bites and the police are a lot more proactive since the high number of dog bites that happened in lockdown and the XL bully deaths.

I would not be so dismissive. the police take all incidents extremely seriously and whilst this incident would not meet the threshold for euthanasia it is likely a muzzle in all public spaces would mandated and a record would be kept about any future incidents. The owner has to be very proactive now.

Nobody is going to destroy a dog because you weren't supervising your child properly. Any dog might snap when assaulted. The child literally banged it on the head. What would your reflex be if I ran up to you and randomly smacked you in the face?

If you don't want your child hurt, it's your job to keep them out of dangerous situations. Can't blame others for your own ineptitude.

very sensible advice here. Some leads are utterly ridiculous - extendable and long lines are totally unsuitable. I’ll just add if this is genuinely a new and surprising before have her checked at the vet, it’s quite possible that dental or other pain in affecting behaviour and this is common in older dogs.

@SoVeryVeryBored that works if he is next to me and walking sedately and I am not making sure a different child isn’t drowning or something! If he’s running ahead or has briefly lingered behind or if I glance the opposite way and a dog approaches us or he sees an exceptionally appealing one he isn’t guaranteed not to pet it. I am on him and I do remind him he must check with the owner but children do things on impulse and I do think it is wise to remember that, not just where dogs are concerned either. He has got better, there was a stage where I thought he needed a lead. And treats, and poo bags, and a crate. I do often think he has a lot in common with your average golden retriever, he even looks a bit like one with wavy blonde hair