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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?

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MyDogNeedsaLawyer · 03/06/2018 22:45

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.

Yes, it doesn't look good. Her dog is an old terrier - so he has small, and probably worn down teeth. My dog is a long haired german shepherd - so the terrier was going for his throat.. but did not inflict any injury because he presumably just got mouthfulls of fluff.

My dog ended the fight by clamping his jaws over the head of the terrier. That's when he sustained the 3 puncture wounds. So yeah, I know it doesn't look good.

Does the fact that he's done this to my friend's dog - and that she did exactly the same thing and accused my friend - hold any weight? I've not been able to get hold of my friend yet, but I'm hoping she might be willing to make a statement if required

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rollingonariver · 03/06/2018 22:48

Do not reply to her email. Even if you don't say anything your response can be seen as accepting blame. Don't engage her she's looking for a fight.

MyDogNeedsaLawyer · 03/06/2018 22:48

Forward reply to the police and please remember to tell them about the bite. That really is a game changer.

I told the policeman about the bite when he visited me. He was lovely, and said he was satisfied that my dog was clearly not dangerous (he was actually totally besotted with my dog and asked if he could dog sit for me... so he was quite biased!)

I'm assuming she does know about the bite - because the policeman went back to talk to her after visiting me. She falsely quoted him in her email saying that he had said I had refused to pay her vet bills (I did not discuss vet bills with the policeman) - so he must have talked to her after talking to me, and I assume he would have told her I was bitten.

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sobersandra · 03/06/2018 22:49

How did she have your email address?

MyDogNeedsaLawyer · 03/06/2018 22:51

How did she have your email address?

We live in a small community and used to belong to a social club together, so she would have had my email address from that.

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MyDogNeedsaLawyer · 03/06/2018 22:55

I forgot to add - the policeman said this would now be referred to the Council dog warden. We would both be receiving a letter stating we were on a '3 strikes' type programme - with a warning that our dogs must be kept on a lead.

So I'm ok with that - it means that if her dog is seen off lead again, it can be reported. And obviously if her dog approaches mine, that's another strike against her. It also means that I can involve the dog warden in this - as soon as I get the letter, I'm hoping i'll have an email address which I can then forward her threatening email on to.

I'm most concerned about her insinuation that my dog is responsible for sheep kills. The thought that he now has a bad reputation and people are going to pin this sort of thing on him really upsets and worries me.

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Wolfiefan · 03/06/2018 23:28

Honestly that would worry me but then I'm a worrier!
Are there safe places away from livestock and this woman that you can walk?

MyDogNeedsaLawyer · 03/06/2018 23:39

I’m surrounded by sheep, but they’re all behind fences, and honestly my dog isn’t interested in them at all.

I have to walk through the village to get anywhere, so I run the risk of bumping into her. The attack happened right near my house, it’s a lane which I walk on daily and can’t really change that. I imagine she will be avoiding it for a while though...

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MyDogNeedsaLawyer · 03/06/2018 23:41

And if anyone wants to try to accuse him of killing sheep... we’ll surely they’d have no evidence. He’s with me 100% of the time.

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bunbunny · 03/06/2018 23:49

Can you turn it around on her - say that you know with complete confidence that your dog has never attacked any sheep. However, after seeing the way that her terrier repeatedly attacked your german shepherd, and in a serious way, always going for the throat, that you would be much more concerned that it was the terrier that was responsible for attacking the sheep, given his previous form for attacking other animals...

and then let her stew on that...

Hmmm. Maybe not reply to her directly, but when talking to the pcso and dog warden about the situation... something to suggest...

Rainydaydog · 03/06/2018 23:57

If you met and walked together I think this woman must have known her dog isn't friendly and should have warned you before you let your dog off the lead. If your dog is insured it should have insurance to cover this. My policy has 3rd party insurance of £1million. I think they will be fighting your corner to avoid paying out though

I'd start by contacting your friendly policeman and show him her email. Explain you would like to resolve things in a friendly way but you don't want your dog to get a bad reputation or be accused of sheep worrying. You could also mention your dog trainer that you are to visit and ask if an expert opinion from him would be useful. Then go to your insurance company and again explain the situation and what the police have said.

SpanielsAreNuts · 04/06/2018 08:14

As much as you want to you really must not engage and definitely don't say sorry in writing! That could be seen as a possible admission of guilt and could effect your insurance cover. You really do need to put it in the insurers hands.

BiteyShark · 04/06/2018 08:18

This is totally why third party insurance is a god send. Give them all the details and don't engage directly.

AvocadosBeforeMortgages · 04/06/2018 08:28

If you do find yourself at a pint where you're going down the legal route, go to these solicitors, who have a good reputation as being the specialists in the area www.doglaw.co.uk/

Bibesia · 04/06/2018 08:39

The reference to people with binoculars is laughable - she clearly wants to intimidate you by claiming there are witnesses who support her but has realised it's a bit difficult to say that when there was no-one in the vicinity. But how many people wander around with binoculars, and what are the chances that (a) they happened to have them trained on where you were and (b) know who the other woman is and her contact details?

qazxc · 04/06/2018 08:54

I'd imagine everyone in the village knows what she is like. They might smile and nod when she rants but take absolutely no notice of what she says (or posts on Facebook).
Ignore her, she'll move onto someone else shortly.

Lucisky · 04/06/2018 09:19

What you were saying about other people approaching after the fight reminds me of one of my favourite newspaper clippings, where 'witnesses were on scene within minutes'.
Treat this a bit like a disputed car accident. Don't admit guilt, don't engage with her personally, and leave it up to your insurers.
I had a reactive terrier - I was always careful about giving other dogs a wide berth. I don't know why she doesn't do the same.

GreenTulips · 04/06/2018 15:05

Hi
I live near sheep where dog attacks happen and I know they now DNA test the sheep so they can prove who's dog is responsible. I think it's quite routine now as sheep are expensive.
So you have nothing to fear on that.

Also your insurers may ask her for proof that your dog was responsible and if she can't prove it she can be sued for lies etc

Your insurers may send her a cease and disit letter.

Ignore all emails shes looking for a fight and do not apologise as that admits fault.

wormery · 04/06/2018 15:16

Do not reply to her but keep copies of anything she sends you and screenshot her Facebook rants. Make sure your dog is always kept on a lead,you can film yourself and pooch out walking by the sheep to show he's not interested and do take a photo or video is she starts on you or harrasses you. Let the police and dog wardens deal with it.

MyDogNeedsaLawyer · 04/06/2018 20:31

I'm waiting for my insurance company to get back to me to advise me. I passed her email on to the police support officer yesterday, but no reply yet. So I'll just sit and wait....

I did manage to get a message to my friend briefly. She confirmed that this woman's dog did indeed attack hers. I haven't asked her whether she'd be willing to put that in writing.

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MyDogNeedsaLawyer · 04/06/2018 20:35

I'd imagine everyone in the village knows what she is like.

They do, and other dog owners know that her dog is aggressive. But mud sticks - and if she's telling people my dog is dangerous, and insinuating he's responsible for missing sheep... people will listen.

My dog is over boisterous and pulls like crazy when he sees another dog. He needs to work on his impulse control - hence my visit to the dog trainer this week. But if people see him pulling, they may interpret that as him being dangerous.

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MyDogNeedsaLawyer · 04/06/2018 20:37

Avocados that dog law website is brilliant, thank you

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Wolfiefan · 04/06/2018 20:39

I use a dogmatic. My giant girl can't pull.
How about going for KC Good Citizen or similar? You will have an even better trained dog and more evidence on your side.

MyDogNeedsaLawyer · 04/06/2018 20:41

Is a dogmatic the one that goes over the face or under the legs?

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MyDogNeedsaLawyer · 04/06/2018 20:43

Ah it's a headcollar one - yes I've heard they work well.

Although I can imagine what the gossips will say when they see him wearing what they will assume is a muzzle.. Confused

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