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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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my dog bit unatended 2 old child

Resolved Question:

Hi my neighbor let his daughter on my yard because my daughter was playing with her friend. His daughter is 2 years old and my 5 years. Unfortunately my dog ​​bit his daughter because she insistently stroked my dog. Now he blamed my dog ​​for aggressive behavior and demands to bring the fence at my expense and if not, he says will call the police. What should I do?

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you.
Alex Watts : Do you not want to install a fence? How come the child was not supervised please?
Customer:

Here father put his child to my back garden and he was staying in his garden. I was at work and my wife was cleaning our house. The distance from the place he was sitting is around 10 meter and there is a fence about 1 meter height so his daughter was seating on the ground next to my dog and playing with him. He has a dog as well.

Customer:

He claims that his daughter was sitting on a chair an my dog just get mad and bit in her right hand, which is illogical because if she was sitting on a chair and the dog attack here it would bit here in a foot not a right hand

Customer:

Once again. My daughter was playing with her friend on my back garden. The neighbour took his daughter and left in my garden where also was my dog. The daughter of my neighbour went to play with my dog and the neighbour went back to his garden. Between mine and his garden there is a fence and little gate. After a while my dog bit his daughter. They went to hospital and next day they told me that I need to put fence up. After a discussion we agreed to put fence up together because he've got a dog too. My dog is ***** ***** and his is Staff Terrier. He claims that my dog is aggressive and he is afraid of my dog. I want to put the fence up but he start to say that he still want the fence but he want to sort it out with me not trough the council or the police because it could put me on a high costs and so on. Which is silly because it looks like he trying to blackmail me.
The question is: Can he blame me for this situation and where is his responsibility for taking care for his daughter? Am I on a loose position or he because he left his daughter without attention?

Alex Watts : So he left his duaghter unattended?
Customer:

He says he could see here over the fence but I doubt it

Alex Watts : Did he leave the child unattended in your garden?
Customer:

yes

Customer:

unattended it means there was no adults in the garden

Alex Watts : then I would suggest you split the cost of the fence because if he goes to the police say you will go to social services for him leaving a child unattended in the garden with a dog.
Customer:

there was my daughter 5 year old and her friend 7year old

Customer:

ho does it looks like? because my daughter and here friend were without adult but they are older

Customer:

and just run from outside to inside and so one it is hard to follow them as they very active

Customer:

does it count as unattended child?

Alex Watts : He left his child unattended and it got injured.
Alex Watts : I think a split for the fence is reasonable
Alex Watts : If he goes to the police he would have to explain why he left his child unattended with your dog.
Alex Watts : Can I clarify anything for you?
Customer:

so my dog still could be destroyed and I could pay fine or money to him?

Alex Watts : Unlikely destroyed.
Alex Watts : You don't have to pay anything to him, he was negligent
Alex Watts : He left his child unattended
Alex Watts : But for the sake of getting on I would split the cost of a fence,
Alex Watts : That way there is no risk
Alex Watts : Does that help?
Customer:

Right

Customer:

thank you

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