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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:
TheHungryHungryLandsharks · Yesterday 14:00

To all those people saying 'if the dog was walking to heel, this wouldn't happen.'

Yes is would. Happens all the time with my dogs. I literally don't go a week without a young child lunging at my dogs to 'cuddle them' (including in one instance by grabbing my dogs from behind and wrapping their arms around my dogs neck). My dogs don't react, but lots of dogs would.

Hopefully, in this case, the child has learnt a valuable lesson. The parents certainly haven't though. If the dog wanted to cause damage, the child would be in hospital.

Separately, dogs can be under control and not be walking to heel...mine recalled at almost 50meters away yesterday. And I know other people who can recall their dog mid 'chase' for rabbits or flushing pheasants😊Distance knows no bounds for a well trained dog.

SamPoodle123 · Yesterday 14:01

Lesson learned, if you pass children and your dog might nip, pull them in so you have better control. I do this whenever we pass a certain dog breed my dog does not like (she is tiny and won't do anything other then bark, but I dont want her setting of the other bigger dog breed). So if I see the breed coming I move away or if its a small space I pull her in. Obviously, the parents should teach their dc not to touch other dogs w out asking....

Decembersunset · Yesterday 14:03

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.

Finally some common sense. If you choose to own something dangerous, a car, a dog or a gun , any damage is 100% your responsibility. If pedestrian is crossing when it is green light for cars you can't just keep going and run them over. If your dog is nervous and little kid is coming , keep a dog close to you and away from a kid.

SoVeryVeryBored · Yesterday 14:03

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.

Can you tell me exactly which ‘law’ you are supposedly quoting here please?

Marieb19 · Yesterday 14:05

I beleive under uk law the owner of the dog is at fault. They should have the dog under control in a public place and should have been aware of the situation, I.e. a child approaching the dog.

concertinacornflake · Yesterday 14:05

TwinklyAmberSloth · Yesterday 13:51

Correct, a dog cannot bite a person even if on a lead. But...

Even the calmest of dogs can nip if they feel threatened.

So if this went to court, then although the dog bit the child, the court would ascertain that the dog was on a short lead, and the owner had the dog under control, and it was the act of the child "attacking" the dog that lead to the dog nipping. Had the child not approached and "attacked" the dog, then no such incident would have occurred.

(The child obviously did not attack the dog, but the actions of the child caused the dog to feel under attack)

The law does look at both sides, as otherwise the law would need changing to one that states ALL dogs must be muzzled and on a lead when out in public.

The use of the word 'attack' is deliberately emotive, you are being emotionally manipulative. A dog can respond with a bite to many things, that is the owner's matter to deal with. Muzzles are one option, as is careful oversight, or keeping away from people.

A young child approached and touched a dog. A sensible owner would anticipate could happen - only a foolish owner would assume this could never happen. The dog's owners are now responsible for the fact they own a dog that bites. They now need to respond to that reality.

Happyjoe · Yesterday 14:08

Parents imo. We were taught from a very very young age to ask if can say hello to a dog. If too young to understand them mum kept us away or mum asked herself - mum was a huge dog fan, had them all her life but also knew that they can react, even the most sensitive ones.

Dogs are dogs, children are children, it's up to various owners to keep control!

dustabsorber · Yesterday 14:09

Victim blaming or what? Staffies should be muzzled in public.

alcovecupboards · Yesterday 14:09

The parents' fault for not controlling their daughter. There's a family where we live who have a little brat who is terrified of dogs - and yet runs up to them and screams, swiftly followed by the gobshite mother. They're notorious for it and have been the main topic of conversation in our area's dog walker WhatsApp group.

Cooshawn · Yesterday 14:10

1.5m isn't a long lead. Mine are on standard leads which are 1.2m and at most they're a couple of strides away from me.

A 4m wide path isn't narrow and I don't think a dog that's just minding its own business needs to be brought to heel to pass someone potentially 4m away, though it's probably good practice to.

Nobody should be allowing their child to approach dogs they don't know. You can't complain that a dog has reacted to your child touching it completely uninvited. I don't know about anyone else but if someone ran over to me and smacked me on the head I think I'd be quite firm in my response too.

A nip isn't a bite. It's the dog responding in a quite normal way to a behaviour or situation it feels startled or threatened by, as a warning to stop it.

beaglescurleduplikebagels · Yesterday 14:10

The dog owner is at fault.

I walk dogs for a living and I always, always call them to my side and have them stop and wait when someone passes - especially if that someone is a child. Because children are unpredictable and no matter how often parents drill into them that they need to ask, they will inevitably forget occasionally and ultimately it's the dog who is going to suffer in the long-run.

Those long-leads should be banned IMO. They are a nightmare and so incredibly dangerous.

Ethelspagetti · Yesterday 14:10

It’s the child’s parents fault. You cannot go around patting dogs on the head, same for cats! Some bite, mine does and I have to tell children not to touch him all of the time! The dog owner kept his in a lead and away from people, he did nothing wrong.

SoVeryVeryBored · Yesterday 14:10

ThePeppyOpalScroller · Yesterday 13:23

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.

You cannot say it is both subjective for the person experiencing the situation and sebject to reasonableness. Lots of people are hysterical about dogs and their mere presence in the same room apparently puts them in fear. A test of reasonableness in law (although different for different types of case) generally requires the court to consider what a reasonable person in possession of the facts would/could have thought in the situation- those things are often not the same.

Nottodaty · Yesterday 14:11

I have a well behaved spaniel.

They are still a dog. People often see the dog and I notice don’t seem to control either there dog or child. Allow them to run up to her. How would you react as a human if an unknown person just ran up to you without invite.

She walks to heel, has never nipped anyone BUT I don’t know whether if she was startled or felt she was going to be hurt how she would react. It needs a joint effort from both parties.

Ironically when we go out with my friends extremely soft Rottweiler who is always on a short lead …other dog owners and parents seem to actually parent or recall there dogs and children away from him (he just wants to be everyone best friend)

Megifer · Yesterday 14:12

DC parents fault 100%. They need to teach their DC you dont go up to random dogs. Idiots.

chirrupybird · Yesterday 14:12

The dog owner should keep their dog out of touching distance of children, a family should be able to walk in a park without risking their children being bitten by a dog. The dog is the interloper in that scenario not the child.

concertinacornflake · Yesterday 14:13

beaglescurleduplikebagels · Yesterday 14:10

The dog owner is at fault.

I walk dogs for a living and I always, always call them to my side and have them stop and wait when someone passes - especially if that someone is a child. Because children are unpredictable and no matter how often parents drill into them that they need to ask, they will inevitably forget occasionally and ultimately it's the dog who is going to suffer in the long-run.

Those long-leads should be banned IMO. They are a nightmare and so incredibly dangerous.

Thank you for this clear description of what should happen.

This is what 'under control' means - you as owner/walker are taking charge.

beaglescurleduplikebagels · Yesterday 14:15

concertinacornflake · Yesterday 14:13

Thank you for this clear description of what should happen.

This is what 'under control' means - you as owner/walker are taking charge.

You are welcome! I actually had a child come to meet one of the dogs I was walking today. His mum asked permission, I was then able to get the dog (still a youngster) to sit calmly and under control (as he still likes to jump) and the little boy came over and listened and said hello.

It was a lovely interaction and the little boy was grinning from ear to ear. It's so easy as a dog owner (or walker) to keep your dog under control and yet so many don't seem to bother.

concertinacornflake · Yesterday 14:15

SoVeryVeryBored · Yesterday 14:10

You cannot say it is both subjective for the person experiencing the situation and sebject to reasonableness. Lots of people are hysterical about dogs and their mere presence in the same room apparently puts them in fear. A test of reasonableness in law (although different for different types of case) generally requires the court to consider what a reasonable person in possession of the facts would/could have thought in the situation- those things are often not the same.

Edited

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.

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.

stichguru · Yesterday 14:16

Your friend definately isn't a responsible dog walker, but the child's parents aren't responsible parents either. Both the parents and the owner should have been near enough to the child and the dog to stop this interaction before it happened. Neither of them were. Both are very lazy and should be being a parent and a dog owner much better than they are.

beaglescurleduplikebagels · Yesterday 14:16

chirrupybird · Yesterday 14:12

The dog owner should keep their dog out of touching distance of children, a family should be able to walk in a park without risking their children being bitten by a dog. The dog is the interloper in that scenario not the child.

Absolutely. The number of children blaming a small child here is ridiculous.

Dogs have to be under control - it's the law. Under control means they cannot bite a child.

MassiveOvaryaction · Yesterday 14:17

Child should have been taught not to touch a strange dog without asking, but equally if people were approaching dog should be to heel, not lolloping ahead imo.

Notasbigasithink · Yesterday 14:17

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!

Hopefully the child has learnt a very valuable lesson!

dustabsorber · Yesterday 14:19

he is extremely gentle!) They all are until they aren't. And this one has proved that he isn't.

An average human bite force is roughly 162 PSI, meaning a Staffie's bite of 300 PSI is about twice as powerful. Muzzle in future?