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The doghouse

If you're worried about your pet's health, please speak to a vet or qualified professional.

My Dog was attacked - now owner threatening to sue!

66 replies

MyDogNeedsaLawyer · 03/06/2018 21:27

I posted this on Legal Matters but thought I might get more traffic here.

I have a young German Shepherd dog, who just turned 12 months old. He was recently involved in a vicious fight with a terrier.

My dog went to sniff the terrier, which then viciously attacked him repeatedly going for his throat. They had a horrendous fight, during which the owner did nothing. I had to separate the dogs several times, each time the terrier lunged back at my dog's throat, and in the process he also bit me. Eventually, I was able to get him off.

I checked over the terrier to see if he was injured. He had 3 shallow puncture wounds (tooth marks). My dog wasn't injured because he has long hair and I don't think the terrier could get any purchase on him.

The owner then posted on Facebook that her dog was viciously attacked and insinuated that my dog is a danger to children. My dog has never been involved in a fight in his life - if a dog is aggressive towards him he just backs off. However, I know that this woman's dog has been involved in lots of fights before, including a vicious attack on my friend's dog.

She reported it to the Police, who came to visit me. I told the police the truth, and he agreed that my dog was clearly not dangerous, and that he would advise her to remove her Facebook post (she has not). I told him that the dog also bit me. I have photographic evidence of the bite, but I didn't show the policeman at the time because it's on my leg and I hadn't shaved them for weeks and I was embarrassed!!

I have now received an email from the woman. She is insinuating that my dog is responsible for killing sheep as several have gone missing in the area recently. She also says she has had to visit the vets 4 times (which seems excessive and I suspect is down to her being completely neurotic) and she will sue me for her vet bills.

She says she has witnesses to the attack who watched it through binoculars. I very much doubt they will have seen the initial start of the attack, where they would have been able to confirm which dog instigated it - but if they did watch then presumably they could at least confirm that the owner did nothing while I had to separate the dogs.

Can anyone advise me on the legal situation here? Should I forward her email on to the police community support officer who was dealing with the case? Her email says that the 'policeman told me you refused to pay the vet bills' which isn't true as we didn't discuss vet bills, so can I tell him that she's misquoting him? He also told me that we would both be reported to the Council dog warden who would issue us with a warning to keep our dogs on leads in public places - which is fine with me, my dog always is on a lead while hers rarely is. A breach of this rule would lead to a further warning, so I guess at the very least I can report her if I see her dog off lead again.

By coincidence I'm seeing a dog trainer next week - it was already arranged as my dog needs training not to pull on a lead and - ironically - he gets over excited by other dogs because he wants to play with them. The dog trainer happens to be an ex-Police dog handler who acts as an expert witness in dangerous dog cases, so I'm hoping he will advise me.

I really want to reply to her email calmly stating the facts, and copying in the PCSO and the Dog warden, but I wonder whether that's the wrong thing to do?

Please can anyone give me some advice?

OP posts:
sobersandra · 03/06/2018 21:28

Firstly was your dog on or off lead during the attack? What about hers..?

MyDogNeedsaLawyer · 03/06/2018 21:35

Her dog was off lead when we met, mine was on a lead... we walked together a short while and then I let my dog off lead to go and greet her dog.

My dog is still very puppy-like so when he greets an older dog, he always backs away if the dog is aggressive. So I stupidly thought it would be ok.

OP posts:
sobersandra · 03/06/2018 21:37

Ok so as I understand it, this matters as your dog was under control hers was not - it couldn't be.

This sits above opinion, it's the law. An off lead vs on lead dog means her dog wasn't under control iyswim

MyDogNeedsaLawyer · 03/06/2018 21:40

The attack happened while they were both off lead.

My dog was initially under control. But then I let him off his lead once I thought it was safe to do so.

OP posts:
sobersandra · 03/06/2018 21:44

Ah I see sorry. Then the butt sniffing and fight breaking out.

How awful. Poor you.

If you can I'd not be engaging further with the woman. Police and dog warden are aware so I think I'd be guided by what they're asking of you.

commonarewe · 03/06/2018 21:46

we walked together a short while and then I let my dog off lead to go and greet her dog.

Might this whole situation have been avoided if human civilities like "greeting" hadn't been needlessly projected onto animals?

MyDogNeedsaLawyer · 03/06/2018 21:51

It was really horrible.

I'm so worried that my dog will become reactive now, he has been really well socialised, but he needs to be around other dogs again ASAP I think to undo the damage.

I forwarded the woman's email on to the PCSO dealing with the case saying that I was worried about her threat to sue, and her insinuation that my dog had killed sheep.

I'm still thinking of responding to her.. but perhaps keeping it very short and to the point:

"I'm sorry that you are upset by this incident, and I'm sorry that your dog was injured during the fight. My dog was also traumatised, and your dog bit me during the attack on my dog.

I am very concerned by your insinuation that my dog is responsible for killing sheep, and by your threat to sue me. I have therefore passed your email on to the police for further advice"

OP posts:
AJPTaylor · 03/06/2018 21:54

put it all in the hands of your insurers immediately.

MyDogNeedsaLawyer · 03/06/2018 21:57

Oh god I never even thought of informing them

Good point - I will do so first thing tomorrow

OP posts:
MyDogNeedsaLawyer · 03/06/2018 22:13

Might this whole situation have been avoided if human civilities like "greeting" hadn't been needlessly projected onto animals?

Yes, you're abolutely right, and that was my mistake. But I see this woman frequently on dog walks, and my dog is a pain in the arse wanting to pull on his lead to go and sniff other dogs until he's done his greeting. So I thought we'd get the greeting over and done with and things would be ok. I was naiive to think it would be ok, as I knew this dog had been aggressive with other dogs. He attacked my friend's dog and I think this woman did the same thing to her, demanding vet bills. I've been trying to get hold of my friend to ask her to remind me of what happened but no luck so far.

So yes, I knew this dog had issues, and so yes I was stupid to allow my dog to go up to him. But I naively thought that given that my dog is young, and has never had a fight in his life, and always backs off if a dog is aggressive - it would be ok. Definitely my mistake there.

OP posts:
MyDogNeedsaLawyer · 03/06/2018 22:15

Although I will say that 'greeting' isn't a human civility. Dogs absolutely want to do the same thing, to greet, sniff each other and figure each other out. This isn't a projection - it's real. But I should have forseen this issue and not allowed it to happen with this particular dog.

OP posts:
SpanielsAreNuts · 03/06/2018 22:19

Don't respond to her. You've done right forwarding it to the police but you should not act any further than that as your insurer (so long as you are insured) can refuse to cover if they feel you have compromised the case by responding anything. They will want to deal with it.

MyDogNeedsaLawyer · 03/06/2018 22:23

Yes I am insured and I've just checked my policy and sent them an inquiry. I won't act until Ive been advised by them.

I was thinking of responding to apologise for allowing my dog to approach her dog, and for the injuries that her dog suffered... but stopping there. I live in a small village and she is furious that I haven't apologised apparently... and is spreading her rumours to anyone who will listen (including all over facebook).

OP posts:
missbattenburg · 03/06/2018 22:28
  1. Send the photos of bites to the police.
  2. Tell your insurers. It will be them that pays her if her suit is successful (assuming you have legal cover).
  3. Ignore her.

Both dogs were out of control and maybe a case could be made to say both dogs were dangerously out of control (for that to be true she would have needed to fear being hurt). However, her dog bit you. That makes hers a more serious, aggravated version of the crime. She is in a more vulnerable position that you. Don't risk changing that by sending communication to her.

Nairobiblue · 03/06/2018 22:28

As previously stated, do not engage with this woman but screenshot everything and keep emails as you may be able to sue for slander/defamation. Just do what the police or council say to do. Write down the sequence of today's events as clearly and dispassionately as possible for your own records. Keep good records and in future, video her if you meet, there are some very small recording devices that you can use. They may not be allowed in court in the UK (not sure) but they will prove what was said and by whom in a she said she said situation if the police are called again. Good luck and so sorry this sort of CF exists.

NotARegularPenguin · 03/06/2018 22:33

It just sounds to me like she has got some friends lined up to say they saw the whole thing....obviously they will only have “seen” what she’s told them to say.

Perhaps remind her that perjury is a very serious offence???

MyDogNeedsaLawyer · 03/06/2018 22:36

I should also say that the woman is well known to be a bit unreasonable and a fantasist (to put it kindly). In fact, the police officer told me (and he shouldn't have) that she was known to them and his colleague warned him about her.

So I think it's actually unlikely that she will sue - I doubt anyone would take her case on. But I need to protect myself just in case she does.

I have no doubt that she was afraid of being hurt. I am confident with dogs, her dog is a small dog, mine is a german shepherd... and I was afraid of being hurt (by her dog). So I'm sure she was too. But the fact is... I had to physically pull her dog off mine several times, and did get hurt in the process. She did nothing.

I should have showed my bite wound to the policeman when he visited - I did tell him about it. But to be honest - I had horrendously hairy legs and I didn't want to pull my trouser leg up to show him!! I have since shaved my legs and photographed the bruising! It's a very small puncture wound and a large bruise - it's not a bad injury. But it was certainly caused by her dog.

OP posts:
ohdearwhatcanthematterbee · 03/06/2018 22:36

Do not apologise for anything. I would write back to her and say that as her dog started the fight and also bit you while dangerously out of control, that you will be leaving it in the hands of the police and your insurance companies. Hopefully the unspoken message that her dog could be PTS will stop her nonsense

MyDogNeedsaLawyer · 03/06/2018 22:38

Also - Yes good advice to write everything down. I have done so.

I have a screen shot of her facebook post where she claims her dog was viciously attacked, and insinuates that my dog is a danger to children. She doesn't name me, but she names my dog's breed - my dog is the only one of that breed in this village.

And I have her email where she implies that my dog has killed sheep.

I carry my phone at all times, and if I see her dog off lead, I will photograph it. If she approaches me, I will video it. I don't trust her at all so I want to get as much evidence as possible.

OP posts:
Wolfiefan · 03/06/2018 22:40

I wouldn't contact her.
Be careful. The facts are that your dog sustained no injury and hers did. She coils even claim your own dog bit you.
I would write a clear and chronological account of what happened for your own records. Detailed and factual.
No witnesses?

HarrietSchulenberg · 03/06/2018 22:40

Forward reply to the police and please remember to tell them about the bite. That really is a game changer. My friend's dog bit a person in very similar circumstances and the person who was bitten was asked by the police if they wanted my friend's dog to be destroyed. Luckily she did not but both dogs now have to be on leads and muzzled in public places.

Insurance companies tend to view dog on dog attacks when both are offlead as "knock for knock" but the bite to a human is more serious.

If the other woman knows that she might stop hassling you.

MyDogNeedsaLawyer · 03/06/2018 22:41

Oh and yes she claims to have witnesses who 'watched the incident through binoculars'....

At the end of the attack, after I had separated the dogs, some people came to ask what was happening. I heard her tell them that my dog had attacked hers, and that was when I walked away not wanting an argument.

I'm assuming those people are the 'witnesses'. I would very much doubt they saw the beginning of the fight, unless they happened to just be watching us from afar.. which would be weird! I assume they got their binoculars out to look once they heard the commotion of the fight. In which case - the most they could say is that they saw a fight happening, with me in the middle of it trying to separate the dogs, and her standing 10 feet away doing nothing.

Or they could lie of course.

OP posts:
FocusOnMePlease · 03/06/2018 22:42

Do not apologise - she will use this as you admitting fault and liability.

Wolfiefan · 03/06/2018 22:43

Who watches a dog fight through binoculars? Weird.
Please take legal advice OP. ASAP.

Helloflamingogo · 03/06/2018 22:43

Fgs don’t say sorry or admit to anything in writing.

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