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AIBU?

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Friend's dog bit a child, whose fault?

287 replies

karrabee · Yesterday 09:43

Dog was on a lead, probably 1.5 metres ahead. Family of 2 adults and 2 children walking past in opposite direction. Children probably 4 and 8? As they walked past the younger girl darted towards the dog and put her hand on his head (flat palm almost like she was hitting him but I think she was trying to pat him on the head) and he nipped her. We were passing each other on a path in a park so were quite close already. Had zero time to do anything as from her walking past to touching him happened in about 1.5 seconds. We had no interaction with the other family prior to this. Dog has never bitten before, we think he just got a fright from the girl, but the family went mad and started threatening to call the police saying we have a dangerous dog (he's am old staffy who has never bitten once and we were so shocked that he even nipped her as he is extremely gentle!). Family followed us round the park and kept shouting 'we know where you live, police are going to be well aware of you'. The girl wasn't injured, skin wasn't broken, but she was obviously scared. Surely this is the fault of the family for not teaching their children not to touch dogs? I don't have a dog so haven't really had to think about it before, but my son knows not to touch dogs without confirming with the owner that they're friendly. It is drilled into him!

OP posts:
concertinacornflake · Yesterday 13:29

Mumtotornadoes · Yesterday 13:27

Both.

Both parties were expecting the other side to be in control of their responsibilities, neither side were.

If dog were brought to the owners side when passing people this wouldn't have happened.

If child were taught not to approach unknown dogs this wouldn't have happened.

But the child's parents have broken no laws, whereas the dog's owners have.
The law is clear where the responsibility lies.

Meadowfinch · Yesterday 13:28

Morally, equal blame lies with the parents of the child, and the dog handler.

Both children and dogs are unpredictable.

A sensible parent would have taken her dd's hand when approaching a stranger dog.

A sensible dog owner would have taken hold of their dog's collar.

In law, the dog owner would be in the wrong, having a dog that was dangerously out of control.

PrincessHoneysuckle · Yesterday 13:27

MrsShawnHatosy · Yesterday 11:46

Gosh some people are so entitled!

I hope you mean her and not me 🤣

Mumtotornadoes · Yesterday 13:27

Both.

Both parties were expecting the other side to be in control of their responsibilities, neither side were.

If dog were brought to the owners side when passing people this wouldn't have happened.

If child were taught not to approach unknown dogs this wouldn't have happened.

RikthePoet · Yesterday 13:26

MrsShawnHatosy · Yesterday 09:57

To a dog a hand coming towards their head can feel aggressive. Obviously the little girl is too young to know that. But her parents should not have let her run ahead,

I cannot believe what I'm reading.

People should come before pets.

Children should be allowed to run in parks.

Dog owners should be in control of their animals.

ThePeppyOpalScroller · Yesterday 13:23

TwinklyAmberSloth · Yesterday 13:12

This is incorrect and would only be correct if the dog was off lead.

The dog was on a lead, close to the owner and in control. The owner was being responsible. The owner had no control over the child.

The child approached the dog without permission and the dog no doubt felt threatened.

If someone random person walked up to me and patted me on the head I'd instinctively shove them away!

No. You need to read the law on this one. It's subjective for the person making the complaint. The question is one or reasonableness. Would a reasonable person believer under the circumstances that the dog was dangerous. Noting to do with the dog being on a lead.

concertinacornflake · Yesterday 13:19

TwinklyAmberSloth · Yesterday 13:12

This is incorrect and would only be correct if the dog was off lead.

The dog was on a lead, close to the owner and in control. The owner was being responsible. The owner had no control over the child.

The child approached the dog without permission and the dog no doubt felt threatened.

If someone random person walked up to me and patted me on the head I'd instinctively shove them away!

A dog can't bite a person even if it is on a lead.

Do you think if a dog seriously injured someone a) whilst on a lead and b) after being approached by a child that this would be deemed legal?

If a dog would bite a child that approaches it, the owner must take extra measures e.g. muzzle, walking in isolated spaces.

emptygoosenest · Yesterday 13:17

The child created the incident but dog owners need to be in control of their dog in public and in this case they weren't. So despite not being the primary cause of the incident the responsibility for it lies with the dog owner.
The dog needs to be much closer to their humans in future unfair though that may seem.

TwinklyAmberSloth · Yesterday 13:12

MrMucker · Yesterday 12:27

In a court of law, if it came to it, this is 100% on the dog owner. Because the dog is their responsibility in a public space. Including ANY harm it causes to a human or property, regardless of perceived provocation. There is no scope in law for the conclusion "the person may have been bitten but they brought that on themselves".

I wish dog owners would inform themselves of the law on this rather than endlessly blameshifting because they don't fully realise the notion of accountability as a pet owner.

This is incorrect and would only be correct if the dog was off lead.

The dog was on a lead, close to the owner and in control. The owner was being responsible. The owner had no control over the child.

The child approached the dog without permission and the dog no doubt felt threatened.

If someone random person walked up to me and patted me on the head I'd instinctively shove them away!

AutumnClouds · Yesterday 13:10

Similar to an accident between a car and a bicycle where both have been careless - the fault is shared but there is a much greater responsibility for the driver/dog owner. If you can seriously harm someone else then jumping straight to ‘but it wasn’t my fault’ when a minor accident happens isn’t a good response - your friend should be thinking about what she needs to do differently to make sure a worse accident doesn’t happen, in a world where small children don’t always know what to do. Especially having a dog like a Staffy, safety should come way way before blame.

TwinklyAmberSloth · Yesterday 13:08

@karrabee 100% the child's fault.

The dog was on a lead and under control. The child ran up to the dog and thrust a hand towards it so the dog was probably scared.

The parents need to teach their child not to approach other people's dogs without asking. We have a dog and our kids all know not to just pat another dog!

concertinacornflake · Yesterday 13:03

MrMucker · Yesterday 12:27

In a court of law, if it came to it, this is 100% on the dog owner. Because the dog is their responsibility in a public space. Including ANY harm it causes to a human or property, regardless of perceived provocation. There is no scope in law for the conclusion "the person may have been bitten but they brought that on themselves".

I wish dog owners would inform themselves of the law on this rather than endlessly blameshifting because they don't fully realise the notion of accountability as a pet owner.

Yes this.

Owners need to understand their responsibilities under the law.

Ophy83 · Yesterday 13:03

Neither the girl or dog were at fault. The parents and your friend were, for not anticipating that both children and dogs can be unpredictable. They should have taught their child not to approach unless invited and prevented her from doing so, but your friend should have seen them coming and positioned herself between the dog and child. That keeps the dog safe as much as the child.

AllIwantForChrismasIsAKitchenAidStandMixer · Yesterday 13:01

It’s always the dog’s fault

concertinacornflake · Yesterday 13:01

A dog's actions are always the responsibility of its owner.

BrightLemonHam · Yesterday 12:59

YABU. I would absolutely be reporting you and your dog to the police 🤷‍♀️

Thankfully I’ve taught my children not to go near any dogs so this isn’t a situation I would encounter, but I still think you should be reported for having a nasty dog.

maggisimpson · Yesterday 12:56

Parent/child's fault, they need to teach their children not to touch animals or they might get bitten.

MCF86 · Yesterday 12:52

Both.
Dog owner should call dog them when they see kids approaching the same as they would with an off lead dog.

Parents should teach children to always approach owners before animals.

ThePeppyOpalScroller · Yesterday 12:47

AshCullen1894 · Yesterday 11:49

Everyone is at fault. Idiot parents and entitled dog owner

How were the dog owners entitled in this situation?

ThePeppyOpalScroller · Yesterday 12:46

Under the recently ammended Dangerous Dogs Act the dog is legally considered to have been "dangerously out of control". This is a criminal offence. If reported to the police they will investigate. Dog owners need to be aware the law has changed. Foe an owner to commit an offence the dog doesn't have to bite anyone, someone thinking the dog would is enough. A growl or a lunge is all it takes. Be careful out there.

MrMucker · Yesterday 12:27

In a court of law, if it came to it, this is 100% on the dog owner. Because the dog is their responsibility in a public space. Including ANY harm it causes to a human or property, regardless of perceived provocation. There is no scope in law for the conclusion "the person may have been bitten but they brought that on themselves".

I wish dog owners would inform themselves of the law on this rather than endlessly blameshifting because they don't fully realise the notion of accountability as a pet owner.

MeridaBrave · Yesterday 12:08

It’s the fault of the family of the girl who touched the dogs head.

Blushingm · Yesterday 11:59

Dog should have been closer to the owners - kids aren’t that quick. If the dog had been closer owner could have controlled it

Yes kid shouldn’t have touched the dog but if dog bit for something so minor as kid putting their hand out then it should have been closer to the owner

DaisyChain505 · Yesterday 11:52

The family of the child who was bitten. Children should be taught from the day they can walk that they never approach a dog without asking the owner and even then they need to be calm and slow.

I’ve always told children that dogs don’t have a voice so the only way they can communicate is with their mouths so if they’re scared that’s how they’ll warn you.

SmokyMountainRain · Yesterday 11:50

The parents fault.

Saying that, I always position myself between my dogs and other people because people think hey can just touch dogs without asking.