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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?

OP posts:
Wolfiefan · 04/06/2018 20:44

Thy are bloody awesome. Get a pretty colour! And a matching lead!! It has cartoon pics on it too. My 8 year old can walk my wolfhound on one!

MyDogNeedsaLawyer · 04/06/2018 20:50

I think I will get one, will help a lot. He has to be immaculately behaved now that everyone is watching him

OP posts:
MyDogNeedsaLawyer · 29/06/2018 12:20

Well my situation has escalated

Following the incident with the dog attack, I received a letter from the Council dog warden stating that they had a report that "my dog had attacked and injured another dog"... I took issue with that, since that was not true. I sent the dog warden a full written account of the incident, together with photos of my bite wound. I asked the PCSO and dog warden to amend the letter and rectify their records to reflect that the account of the incident was disputed. They did that, and apologised for the admin mix up. I received a new letter stating that my dog "had been involved in an incident..." which I was happy with.

The PCSO told me that he had spoken to the other dog's owner and told her to back off, not send me any more emails, and remove her facebook post. That was 2 weeks ago and I assumed the situation was now resolved.

2 days ago, I saw the lady with her dog for the first time since the incident. I was walking through the town with my dog, and my friend and her dog. We had no choice but to walk straight past her. She backed into a doorway and shouted in my face "stay away... DANGEROUS DOG... look at the dangerous dog" repeatedly. My friend and I (and our dogs!) completely ignored her and carried on walking.

The following morning, I received a deranged email from her telling me to stay away from her, accusing the police of corruption (presumably for not doing what she wanted), and forwarding a string of emails that she had sent to the dog warden and PCSO following the amended letter in which she accuses my dog of having picked her dog up from behind and shaken him "like a rag doll" (completely untrue - he never shook him, and never picked him up); claims that my friend has told her she will not walk her dogs with me because my dog keeps attacking her dogs (also completely untrue - I have no idea which friend she is talking about) and claims that my parents have refused to look after my dog because he is dangerous - also completely untrue. She also states that her dog has never had a fight in his life and is welcome in any establishment in the town including the local pub... odd that she should mention that, because I've been told that 3 days prior to the incident with my dog, her dog attacked another dog in the pub entirely unprovoked in front of a load of witnesses.

So - I forwarded her email straight to the dog warden and PCSO and am awaiting advice....

OP posts:
AvocadosBeforeMortgages · 29/06/2018 13:27

The woman sounds mental Confused

I suspect the PCSO / dog warden can see straight through her. It's bizarre that she claims to have an inside knowledge of your pet care arrangements between your parents and you.

SpanielsAreNuts · 29/06/2018 13:33

At this rate your going to need a restraining order against her to stop her contacting you.

Tbh you have to feel sorry for her, as she obviously has serious issues.

EnglandKeepMyBones · 29/06/2018 13:55

It sounds like she has some issues. It may be worth having a conversation with someone knowledgable on legal matters and seeing if it would be worth sending her a cease and desist letter in terms of contacting you, and telling her to refer any further communication regarding the dogs direct to the police/dog warden/insurers. Primarily in case it escalated further and you needed to get he police involved regarding any harassment or similar

Tinkobell · 29/06/2018 13:56

I'd document your version, dates, any witnesses etc and sit tight. Sounds like there's a lot of hot air coming from her but nothing concrete at this stage.

User467 · 30/06/2018 00:20

She sounds like a loon. You're best to ignore her and admit to nothing . Only deal with any officials that become involved.

Saying that though, from your description the two dogs were walking together ok and then you let your dog off to allow him to greet the other dog becasue as you say, he gets over excited and pulls a lot when he sees them. The other dog only reacted when your dog approached him, he didn't attack your dog whilst your dog was respecting his boundaries. Unfortunately both dogs would be classed as out of control and as the incident only occurred when you let your dog off it could be seen to be his fault, even if his motivation wasn't aggression. I think you need to keep your dog on lead for meeting dogs atleast until he has learned to do it more calmly

Greyhorses · 30/06/2018 06:51

This scenario is exactly why I don’t let my dogs interact with others unless I know them. Mine are german shepherds and always get blamed if anything kicks off even though they are all soft as muck.

She sounds insane OP.

I would invest in a dogmatic as previous poster said. Worth every penny.

placebobebo · 01/07/2018 14:48

Work with a behaviourist and your trainer to get him to behave on the lead. Get a harness and I would also invest in a bodycam for him because this woman will not believe its her dog and there may well be an incident again. Keep your dog on a lead in that area and work on his recall so that should you spot another person or dog in the distance you call him back and he instantly goes back on the lead. If you have video footage then it will be clear no matter how many binocular touting witnesses she may have that if your dog was on the lead it's hers that's the problem.
This may sound extreme but all its going to take for your dog to end up with a destruction order is for one weak willed official to go along with her for a quiet life. This is much harder to do in the face of hard evidence and would actually help them stick to their guns.

MyDogNeedsaLawyer · 01/07/2018 16:38

She does indeed have some issues with her mental stability. I am ignoring her, have referred her email to the police and will await their advice (which I suspect will be to do nothing). I did inform my insurance when her first email threatening to sue came through, but I haven't been in touch with them since as I was hoping the risk had passed.

OP posts:
MyDogNeedsaLawyer · 01/07/2018 16:42

The other dog only reacted when your dog approached him, he didn't attack your dog whilst your dog was respecting his boundaries. Unfortunately both dogs would be classed as out of control and as the incident only occurred when you let your dog off it could be seen to be his fault, even if his motivation wasn't aggression.

Yes that's absolutely right - my dog did go over to the other dog, so yes, he has issues with respecting boundaries. However, if an aggressive / older dog then growls at him to back off, he absolutely does, he understands the boundaries then. Which is what I expected to happen if the other dog was uncomfortable with my dog. But the other dog gave him no warning to back off, he just lunged at him into a full attack.

I think you need to keep your dog on lead for meeting dogs atleast until he has learned to do it more calmly I completely agree - I have learned my lesson. He won't be allowed to approach any unknown dog off lead ever again. I'm terrified of it happening again.

OP posts:
MyDogNeedsaLawyer · 01/07/2018 16:43

Mine are german shepherds and always get blamed if anything kicks off even though they are all soft as muck.

Yup, mine is a GSD too.

OP posts:
MyDogNeedsaLawyer · 01/07/2018 16:46

Work with a behaviourist and your trainer to get him to behave on the lead. I've been to a behaviourist, and he showed me how to train him on a head collar (like a dogmatic). It works a dream, and he's now MUCH better on a lead, particularly when around other dogs. I have complete control. It doesn't look pretty when he's bucking and pulling to get to another dog, but he simply cannot and I can control the situation and keep walking.

The biggest thing I've learned is that he doesn't have to greet every dog. I was very much of the mindset that he was still in his socialising phase where he needed to meet each dog to figure out that they were ok, and for the other dogs to know that he's ok. The behaviourist helped me see that he really doesn't have to meet every dog he passes - and of course the incident showed me that sometimes it's not in his interests to do so.

OP posts:
MyDogNeedsaLawyer · 01/07/2018 16:50

I always have my phone on me so I intend to start filming the next time I'm anywhere near this woman, and warn her that I'm doing so, for video evidence of any incident.

Does anyone know the legalities of using video in this way? Is it OK as long as I tell her I'm filming?

The behaviourist I saw acts as an expert witness in dangerous dogs cases. We talked about this.. and the risk of a destruction order. firstly, my dog would have to be involved in another incident which I will hopefully avoid, but you never know it could happen that another dog attacks him again. But then his temperament would need to be assessed, and I know he would pass any assessment just fine as he simply is not aggressive. So then we're down to my word against hers... presumably her dog would also have to have an assessment - and would almost certainly fail... so they would see that her dog is aggressive and mine isnt... is that how it works??

OP posts:
placebobebo · 01/07/2018 17:56

TBH I'd get one of those GoPro's and stick it on a harness the dog is wearing ( you can get them with somewhere to put a camera) then you have your hands free to deal with whatever else you may need to.

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