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Friend's dog bit a child, whose fault?

284 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:
strictlybusinessuntildecember · Yesterday 19:14

Long leads shouldn’t be allowed for any dog if I’m honest so the dog owners should rethink that

but in this case depending on how far the dog was from the owner at the time then yes it’s the child and their parents fault

i have a child who loves dogs and it’s been a nightmare getting him to calm down when he sees one and always ask first if he can stroke them - no he’s not a toddler - he really should no better - although his stroke can then often end in a full on bear hug. I accept that if he gets bitten it’s my fault for not having my child on a shorter lead!

Easterchicken · Yesterday 19:20

I'd say it was dog owners fault

Clearly dog wasn't under control and lead was too long

Dog owner saw the family coming towards them and failed to keep the dog on a shorter lead.

If it's a new behaviour I'd be getting dog to the vet as it might be ill and that is also on owner for not noticing

ACR7 · Yesterday 19:30

I have a two year old and while we comment on dogs she sees I don’t let her get close and certainly wouldn’t let her touch one. On the off chance she darted and did and it bit her I’d be so angry at myself and would take sole blame for it.

Imisssleep88 · Yesterday 19:43

It's the parents/child's fault completely. I was always brought up not to touch dogs I don't know without asking, and that's how I bring my children up too. Although the girl may be shocked and or frightened, the dog had a reflex reaction and girl was unhurt, she should take it as a lesson not to touch dogs she doesn't know. Forget about it.

SoVeryVeryBored · Yesterday 19:47

concertinacornflake · Yesterday 14:15

If it was just the fear of danger then reasonableness would apply.

If a bite has happened, then clearly it isn't a matter of opinion anymore - a bite has occured.

Try reading the post properly- I’m responding to what the other poster said. If thou think she started from the wrong point take it up with her.

SoVeryVeryBored · Yesterday 19:48

dustabsorber · Yesterday 14:15

What if the child was younger or non-verbal, so it would be impossible to teach it to not go up to dogs? Whose fault then? Should small children be on leads in case they go up to dogs and hug them? I find for the plaintiff and award damages against the dog owner.

If a child cannot be taught the parents need to never keeping it under close control as ll manner of things could happen to them.

Ponoka7 · Yesterday 20:00

Steeleydan · Yesterday 11:40

The dog wasnt off the lead, totally the child's fault, and the parents for not telling her she shouldn't run up to strange dogs,especially then to wack it on the head. Poor dog

The dog was on an extending lead ahead, away from the owner. You have your dog by your side when people are passing.

SoVeryVeryBored · Yesterday 20:01

Ithoughtitwouldbebetter · Yesterday 15:44

@TheHungryHungryLandsharks i don’t believe I am a bad parent, although I’m certainly not perfect.

I have told DS numerous times not to go up to dogs he doesn’t know. Being completely honest here there’s not really much else that I can do. That doesn’t mean I blithely tell him once and then ignore him; I mean I will say to him as her see a dog ‘leave the dog, he’s having a walk’ and 9/10 times he will obey, he’s fine, the dog is fine but sometimes dogs will appear a bit unexpectedly and sometimes they’ll make a beeline for him (he and someone’s spaniel were having a whale of a time the other day) and stuff happens, I suppose.

DS hasn’t had a bad experience yet, but it could happen.

I do think that I used to believe that children should be perfectly obedient and trained and well … they’re just not, are they?

Surely you take him by the hand and physically remove him? People are banging on about the level of control owners are expected to have over dogs, even when other run over and physically grab them, so parents should be able to control their child, most of whom presumably understand language.

GoodLife26 · Yesterday 20:04

The dog should have been on a much shorter lead if the space was that tight you couldn’t pass at a reasonable space. If I was the kid’s parents I’d be furious too. I’d have called the police then and there and be pushing to get the dog destroyed. There are too many aggressive and untrained dogs out there.

Ithoughtitwouldbebetter · Yesterday 20:07

@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 Smile

imavet · Yesterday 20:12

byedriver · Yesterday 09:56

Two things. Dog walker needs to be more proactive around keeping dog away from oncoming children (as already suggested keep to side on short leash). And secondly, this dog now needs to be muzzled when out. The outside world is unpredictable. If a dog is reactive when startled it's a problem, especially a dog with a powerful jaw like a staffy.

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.

Balloonhearts · Yesterday 20:23

GoodLife26 · Yesterday 20:04

The dog should have been on a much shorter lead if the space was that tight you couldn’t pass at a reasonable space. If I was the kid’s parents I’d be furious too. I’d have called the police then and there and be pushing to get the dog destroyed. There are too many aggressive and untrained dogs out there.

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.

imavet · Yesterday 20:31

Balloonhearts · Yesterday 20:23

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.

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.

ForNewHedgehog · Yesterday 21:15

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.

Somewherenorthofhere · Yesterday 21:17

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 🙄

Mardiesmum · Yesterday 21:18

It's 50/50

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

Dogs should be on a short lead.

Ireallywantadoughnut36 · Yesterday 21:40

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.

ThatUmberCritic · Yesterday 22:02

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

SaySomethingMan · Yesterday 22:19

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

QuietComet · Yesterday 22:23

dustabsorber · Yesterday 18:37

All dogs above a certain size need muzzling in public. I would rather a 1000 muzzled dogs than 1 kid losing fingers.

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.

GertrudePerkinsPaperyThing · Yesterday 22:26

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.

Nearly50omg · Yesterday 22:34

karrabee · Yesterday 10:56

Where did the narrow bit come from? The path is large, I'd say about 4 metres wide at least. It's a wide path that goes round the outside of the whole park. People cycle and walk around it. Thanks for all responses!

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

WiddlinDiddlin · Yesterday 22:53

Ylvamoon · Yesterday 15:33

According to you, it's guilty until proofen otherwise.

Having had countless children touch & pat my dogs in passing it's a horrendous law and hopefully won't be upheld under reasonable.

Other people's children are definitely not my responsibility.

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!

MyrtlethePurpleTurtle · Yesterday 23:05

QueenietheGreat · Yesterday 15:33

@karrabee
It's not the dog
It's the child's
Be interesting to see the parents reaction if next time she stuck her hand in a fire
To me, its the same difference

But not to the law

MyrtlethePurpleTurtle · Yesterday 23:08

beaglescurleduplikebagels · Yesterday 15:41

Except that, legally speaking, that isn't true. As a dog owner and breeder, you should know that.

💯