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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69994
Experience:  Over 5 years in practice
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If my dog which was on heat and on a lead was attacked by an

Customer Question

If my dog which was on heat and on a lead was attacked by an un neutered male dog is this deemed dog on dog . Does the person in charge have a responsibility, My pup was in my arms and the male dog leapt up and latched on to my puppy's back leg. It would not let go . The only way it e entually let go was when I hit it in the face and it big my arm . I was off work .It has cost me over 400.00 pounds and the keeoer of the dog denies liability
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Was this for vet's bills?
Customer: replied 2 years ago.

My vets fees are 69.00 and my loss of earnings 325.00 and damage to clothing 45.00, She is denying all responsibiliy. I am taking it to the small claims court and she is still denying liability

Expert:  Jo C. replied 2 years ago.
What caused your loss of earnings?
Customer: replied 2 years ago.

.The dog bit me on the arm and hand . I am a nurse and because my hands are in and out of water I was advised by the practice nurse not to work . It was also very painful.

Expert:  Jo C. replied 2 years ago.
You do have a claim under the Animals Act 1971.
It is not that simple though. You have to show that there was either negligence on the part of the owner or that there was a previous incident involving their dog which would have given rise to the risk in their mind that this might happen.
If you don't know the person then showing a previous incident is always very difficult so usually people drop down upon negligence.
You don't describe the incident and it's causation in detail here. It isn't as simple as showing that there was an incident.
If you are able to show negligence then you do have a claim. Your injuries and the vet's bills were clearly caused by the actions of this dog so that wouldn't be a problem.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

I had previously walked with the keeper of the dog with her own dog. She loomed after her daughters dog twice a week and she had advised me that there had been some sort of incident with this dog and a family member. It was bred as a working dog. She said that it was going to be neutered and she hoped that he would settle down (not verbatum) . The dog came running across a large meadow. She and another person did not see what happened initially. The dog was snapping at my heals and leapt 5ft into the air and locked on my puppy,s feet. There is a large notice at the entance to the field stating that dogs must be kept u der control .She had no co trol of the dog .When she evebtually arrived the dog took no notice of her. I feared for my safety and that of my dog Why should I be finzncially out of pocket

Expert:  Jo C. replied 2 years ago.
You could try to argue previous incident then.
it would depend how old that incident was. You may as well try to raise it.
Customer: replied 2 years ago.

Are you saying that under English law your dog can bite a person who then cannot work and nobody is liable

Expert:  Jo C. replied 2 years ago.
No, that is not what I said.
Jo C., Barrister
Category: Law
Satisfied Customers: 69994
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

What are you saying. I went out for a walk was attacked and could not work

Expert:  Jo C. replied 2 years ago.
You do have a claim under the Animals Act 1971.
It is not that simple though. You have to show that there was either negligence on the part of the owner or that there was a previous incident involving their dog which would have given rise to the risk in their mind that this might happen.
Customer: replied 2 years ago.

What would you suggest I do when I go tothe small clains court

Expert:  Jo C. replied 2 years ago.
Only what i have suggested above.
There isn't anything else that you can do. Either you bring it within the argument that this was negligence or you argument previous incident.
Delighted to continue with this but please leave feedback for my answer.
Customer: replied 2 years ago.

Do you think I have a chance. The defendant initially agreedto pay the vets fees. I have an email stating that she would send a cheque which I have never received

Customer: replied 2 years ago.

I asked if you thought i had a chance

Expert:  Jo C. replied 2 years ago.
Whether she agreed or not is a non isdue
The issues are whether you can show a previous incident or negligence.
There is always a claim. Any claim may succeed

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