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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69266
Experience:  Over 5 years in practice
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My daughter in law took their dog for its daily walk (its NEVER

Resolved Question:

My daughter in law took their dog for its daily walk (its NEVER let off the leash). It was attacked by a Staffordshire bull terrier which wasn't on a lead, our's incurred massive injuries - removing parts if its throat, and is now at the Vets undergoing surgery, but during the melee our dog fought back--but as it was dark we don't know if the other dog sustained any injury, when it left after about 10min. My son is worried that the owner (who was there) could prosecute and have his dog put down~~even though he was on a full harness.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

My name is XXXXX XXXXX I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Did you report this to the police?
Customer: replied 2 years ago.

no we have not been to the police YET we are still concerned with the dogs well being ( he's still undergoing surgery ) He was sedated overnight to calm him before going under.

Expert:  Jo C. replied 2 years ago.
Ok. You are anonymous on here so its safe to be clear with me.

Does the other owner have any way of tracing you anyway?

I presume you cannot trace the other owner? Although if it was that dark it shouldn't have been possible to identify the breed of dog.
Customer: replied 2 years ago.

1) I don't know at this stage if the other owner could trace ! but I like to work on the basis they could.

2 my daughter in law was so shaken after 2 dogs fighting around her legs, I don't know if she has this information, I'm doing this to take some of the worry + pressure off them so they can concentrate on the dog.

Even in the dark both dogs are very prominent - ours a Char Pei of which very few people own, so it should be quite easy to trace, and theirs a Staff which are quite common.

Expert:  Jo C. replied 2 years ago.

It is possible that they could have reported this. Sometimes people do that to head off a complaint themselves.

In relation to what action to take, there are risks either way. If this is a dog on dog fight then the Dangerous Dogs Act 1991 does not apply and this is not a criminal offence. The DDA 1991 covers only an injury to a person or reasonable apprehension of such an injury. Some Constabularies will charge dog on dog fights as the non aggravated offence on the basis that a person there present would have feared for their safety but its not what it was designed for and it doesn't often succeed.

What they will more likely do is lay a complaint under the Dogs Act 1871. That is not a criminal offence and it doesn't carry a right of seizure. Its very rare that this leads to destruction of a dog. Most often they just impose a Control Order.

I'm afraid that being on a lead is no defence to either statute. The case of Gedmintaite considered exactly that point.

Can I clarify anything for you?


Customer: replied 2 years ago.

You have been VERY VERY helpful, and put a family at ease.

Many thanks

Expert:  Jo C. replied 2 years ago.
No problem and all the best.

I wouldn't even think about reporting this though. They've got no evidence that links you and it's quite unlikely that they will find. any.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
Jo C., Barrister
Category: Law
Satisfied Customers: 69266
Experience: Over 5 years in practice
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