Who is responsible?

[IdaMaeMan]

I have a big (very friendly) GSD. I live next to a school and lots of the kids like to lean over and clap him as they pass. He normally doesn’t mind, and likes the attention. He had surgery last week for a growth on his ear and has been feeling a bit sorry for himself, sleeping loads and moping a bit. This morning he was in the garden, lying down resting, and a group of boys, maybe about 12? Called him over to the gate. Next thing I heard one of the boys shouting that ddog had nipped him, I think he boy had put his hand through the gate. There was no blood, but the boy got a fright. I’m worried he will report ddog. Like I said, ddog isn’t feeling 100% and this is so out of character for him. Surely nothing will happen since ddog was on his own garden and this boy put his hand into the garden through the gate..

You are tbh. You let your dog be petted by dozens of school kids every day unsupervised. That’s asking for trouble. Any of those kids could hurt him. Now you don’t know what happened to make him bite. Maybe they poked him or maybe he just snapped. No dog bites until the first time. And they never let you know when the first time will be.

I don't think dog should be outside unattended during the school run.

Unfortunately I think you are. As a pp said, he should never be let out during school run times, and shouldn't have really been let out to roam free if you knew he was under the weather.

Don’t leave your dog unsupervised ever and he has just had an op and is recovering, would you like to be bothered when you have had surgery. Poor dog and child.

The parents should be teaching their kids not to bother dogs in their gardens without getting the owner's permission first. Or supervising the children if they're not old enough to understand the dangers of poking random dogs. If he was wandering the streets then you'd be in the wrong, but he should be allowed to sit in his own garden in peace.

Everyone is.
Unless invited, kids should not pet random dogs. Especially in the garden.
You are too because you knee there will be kids, he isn't himself and still let him out during this time.

It depends if you are found to be negligent

To be honest as he was in his own gated and fenced garden and they intruded onto it so I suspect acutally not

I think you should never have allowed it in the first place though

Do you have any signs up saying beware of the dog..etc?

I feel so bad for you. I hope this turns out okay

I think technically they are, because they're putting their hands through the fence to pet him, but unfortunately if it were reported, you'd be in the wrong. Although I would keep him inside until he's recovered and back to his normal self.

GSD are unpredictable at the best of times.

@crossstitchingnana

GSD are unpredictable at the best of times.

Personally I have always found GSDs to be very reliable. All dogs can have their off moments

@crossstitchingnana

GSD are unpredictable at the best of times.

No they aren't.

The kids shouldn’t have been reaching over your fence but as you know they do this it would be better to keep your dog inside at home time .
I say this as the owner of a very soppy Retriever who I wouldn’t leave unattended if I knew lots of kids could access him for the sake of all concerned
Legally though I think you will be ok if the child reached over

Kids shouldn't be reading over but they are kids.

You are

1. The adult in the situation
2. The dog owner.

You need to take responsibility.

I don’t particularly like dogs. But in this situation (if it were my DC who’d been nipped) I’d just shrug it off as “one of those things”.

Hindsight is a wonderful thing, but accidents happen because we don’t all have perfect judgement 100% of the time. The dog not out of control or in public, lesson learned (children and OP), it was a bloodless nip, not a really aggressive thing.

You should probably call the school and explain what’s happened, and ask them to tell the pupils about dogs surgery, risk from strange dogs in their own garden, importance of not grabbing at animals etc.

Our dog is super friendly but I wouldn’t leave her out to be bothered like that, I don’t get why you’d take the risk? Even the most amazing dog can’t be trusted 100% if something startled or upsets them.

Usually, I would 100% say that it's the kids fault - if my kid leaned over a fence to pet a dog and got bitten my sympathy levels would be non existent as I have taught them that they should not approach dogs without the owner's permission, particularly if the dog is tied up/on a leash/ in an enclosed space. I am constantly shocked when I tie my dog up, well off the path for school, how many parents are happy to let their 4 year olds make a beeline for her. Children need to be taught how to behave around animals.

However, instead of stopping children doing this in your garden you've been aware of it and allowing it for a long time so the kids have a reasonable expectation that it's okay. I'd still argue that ultimately a 12 year old sticking their hand over the fence needs to accept the consequences, but I'd have been stopping them from doing this long before it got to this point.

How about one of these?

www.spoiltrottenpets.com/your-choice-of-wording-alert-dog-bandana-1867-p.asp

I think you could be held liable on the basis that you know children pet your dog and let it happen. I would keep him in when kids are passing from now on, or put up lots of signs telling them not to pet him.

I hope your dog is ok.
Not seeing what's happening with your dog and anyone else's interaction with him is not a good idea as you could not defend him having not witnessed any alleged incident.plus the amount of dog thefts are ridiculous.keep him with you indoors or go out with him op.keep him safe.🐕🐕

Probably YABU as it sounds like Ddog is not sufficiently fenced in to be left unattended. If kids can stick their heads through.
Especially if you know kids pass and pay Dd attention, you could have supervised or kept inside at that time.
Really hope he feels better soon and the surgery went well.

You're responsible. Kids putting their hands through the gate should have been an obvious risk. Obviously it's kind of natural justice that they got bitten, but legally you are to blame for allowing the dog to bite.

Imo you need to block off ddog's access to goady dc... You are liable if someone is bitten on your property. And ultimately your poor ddog could pay a heavy price..
My exh claimed he was bitten over a fence while delivering a parcel (lied - it was a claw not a tooth).. Couple had both ddogs seized and case took a few years. They won but poor ddogs had been in police kennels all that time.

If my child came home complains of being bitten after putting their hand through a fence they would get no sympathy from me. Unfortunately a lot of parents think their children can do no wrong and would be quick to blame the dog, probably best to keep the dog in during the school run.

Hope He's feeling better soon OP!