How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

My dog was tied up at the front of my driveway when a neighbour

Customer Question

My dog was tied up at the front of my driveway when a neighbour came down my driveway. The dog barked at him but the guy carried on approaching the dog in doing so the dog became more aggressive until the guy came too close to the dog and the dog eventually bite him on the leg and ripped his jeans but did not break his skin.
Please can you advise who is in the wrong as I have had a visit from the Police today.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Do you have any warning signs that you have a dog please?

JACUSTOMER-vrxrvcnf- :

Yes on all my entrances at the front and rear has signs saying guard dog do not enter.

Alex Watts :

Ok and the dog was tied up when it attacked?

JACUSTOMER-vrxrvcnf- :

Yes the dog was tied up and was at the full extent on the rope the neighbour had enough warning that the dog was their, but when viewing the cctv you can see the neighbour completely ignored him and carried on approaching him.

Alex Watts :

Did you show the Police the CCTV too?

JACUSTOMER-vrxrvcnf- :

No

Alex Watts :

Ok. That may have been an idea to show that he ignored it.

Alex Watts :

As of 13 May 2014 the law changed so it can be an offence to have a dangerous dog even on private land. Before private land was excluded.

Alex Watts :

Section 3 of the Act states:

Alex Watts :

If the owner or, if different, the person for the time being in charge of a dog allows it to enter a place which is not a public place but where it is not permitted to be and while it is there—


(a)it injures any person; or


(b)there are grounds for reasonable apprehension that it will do so,


he is guilty of an offence, or, if the dog injures any person, an aggravated offence, under this subsection.

Alex Watts :

However here your dog is not out of control.

Alex Watts :

It is tied up and you also have warning signs.

JACUSTOMER-vrxrvcnf- :

The police are saying that my dog is out of control and have told me not to have it tied at the front of my property.

Alex Watts :

Ok, but it can't get out, it is tied up and you have warning signs.

Alex Watts :

I do not see what else you could have reasonably done.

Alex Watts :

It only needs to be out of control in a public place.

Alex Watts :

Section 3(3) which I quoted above applies to you

Alex Watts :

Therefore on the basis it was tied up and you had warning signs, I do not see how it is out of control

JACUSTOMER-vrxrvcnf- :

How ever the dog is only tied up when I'm working at the front of the property ie its only tied up when I'm there I dont leave it tied up all day and I go off to work all day. When the dog begain barking I normally appear within a few seconds to see what the problem is and the person is normally stopped half way down my drive and I then approach them to see what they want. On this occassion the neighbour didn't stop.

Alex Watts :

The new changes are to reflect what has happened recent years, ie killing children in the home.

Alex Watts :

Ok.

Alex Watts :

There could be a civil claim damaged clothing but that is another matter

Alex Watts :

The person didnt help themselves, the dog is tied up, it was barking, you have sigs.

Alex Watts :

* signs *

Alex Watts :

I do not see what else you could have been expected to do

JACUSTOMER-vrxrvcnf- :

Can the Police serve me with a order or contract as they put it that I can not have my dog tied up.

JACUSTOMER-vrxrvcnf- :

The police said they will be coming back to serve such an order in a couple of days

JACUSTOMER-vrxrvcnf- :

Hi Alex are you still there

Alex Watts :

The Police can't but the Court could.

Alex Watts :

However of course the risk is if you dont accept such an order it could go to Court.

Alex Watts :

This could mean you lose the dog, its subject to control or they could destroy it

Alex Watts :

But before you accept this, ask the Police to look at the CCTV

JACUSTOMER-vrxrvcnf- :

if it goes to court from a legal point of view how do I stand

Alex Watts :

Potentially it was out of control because it had the ability to bite someone

Alex Watts :

But the victim didnt exactly help the situation

Alex Watts :

But do you want to run that risk?

Alex Watts :

If there was an injury its likely the Court will consider it dangerous

JACUSTOMER-vrxrvcnf- :

But what would be my defence and in your experience would the court actually do anything ?? surely something like this dont the CPS have to decide whether the police have a case for me to answer to.

Alex Watts :

Just because its on a lead does not absolve you of responsibility

Alex Watts :

In reality you dont have a defence

Alex Watts :

The dog attacked someone

Alex Watts :

Therefore it appears that on balance notwithstanding the dog was on a lead because it attacked someone that would be enough for a conviction

JACUSTOMER-vrxrvcnf- :

The dog did his job on both counts it warned the individual first by barking and then attacked him for not backing off. my property in the past 10 years has had 9 attempted break ins all have failed because they disturbed me. Police have this on record. So i decide to get a dog as a detterent but unfortunatley forgot to factor in that their are stupid people out their.

Alex Watts :

Yes but the fact remains the law says it is out of control if it attacks someone. It did. That is not a defence.

Alex Watts :

I am sorry but yes you cant predict people being stupid

JACUSTOMER-vrxrvcnf- :

Ok Alex thanks for your help and looks like i have some thinking to do on what to do next.

JACUSTOMER-vrxrvcnf- :

One more thing before I go should I admitt to the dog attack as theire are no witnesses.

Alex Watts :

I am sorry that this is not the answer you want and not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

No, but you have CCTV so you can't lie

JACUSTOMER-vrxrvcnf- :

Yes I have cctv but I dont have to show that camera or can they demand to seize my cctv equipment.

Alex Watts :

They can seize it yes

Alex Watts :

Dont make it worse for yourself.

Alex Watts :

If the Police are going to issue a warning and that's it, I would take it

JACUSTOMER-vrxrvcnf- :

Ok thanks for your help Alex.

Alex Watts :

Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.
I am very sorry but the information you have been given is wrong.The law changed in 2014. The DDA 1991 now covers private land. The fact that this person entered your land is no defence. It would only be a defence to say that he was a trespasser if he actually entered a dwelling. This was not a dwelling.I'm afraid the fact that he was on a lead is no defence - the case of Gedmintaite is clear upon that and has been settled law for many years.Similarly if he bit a person then he was out of control under the case of Raffiq.Civil claims are different. There is a contributory negligence issue here which might well reduce any claim. Also, the Animals Act requires some form of negligence or previous incident.I am sorry and I know the law is stupid on this point but it is your position. The police are offering you a remedy otherwise than a charge and you should take it.Can I clarify anything for you?Jo

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice