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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My dog has been accused of biting a child

Resolved Question:

My dog has been accused of biting a child
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

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

What would you like to know about this please?

Customer: replied 1 year ago.
Hello, I would like to know what to do and what position I am in relating to my dog being accused of being biting a child
Customer: replied 1 year ago.
The dog (Shae) was laying on the ground and was tethered to the table that we were sat at having a drink after a walk a local pub. We had positioned ourselved outside at the end of the tables and away from all other patrons. Neither dogs have ever had any issues with aggression before and both dogs were relaxed on the ground. An unsupervised child rode past her on his scooter and Shae barked at him, he shouted and moved back but we didn't think she had made contact. About 15 minutes later the mother came out shouting that our dog had bitten her son and that he had a chunk taken out of him and that he was bleeding. We tried to talk to her about it but she went back in side, naturally to deal with her son. We decide it was best not to follow and to remain sat with the dogs. We decided to stay at the venue to make sure everything was ok. A retired ex services and ex policeman (dog handler) had come over to sit with us and it happy to be an impartial character witness as he sat with Shae who was allowing him to stroke her as she lay on the ground with no problems. Shae and I compete at grade 3 agility and she also has her Kennel Club Bronze, Good citizens award and has never been aggressive before. Unfamiliar children often help at agility shows and she has contact with lots of children and adults and other dogs and there has never been a problem. I'd like to know where we stand.
Expert:  Ash replied 1 year ago.

Just to clarify there was no bite? Any evidence of a bite?

Customer: replied 1 year ago.
We haven't seen any evidence of a bite. However, the parents of the child said it was bleeding a lot and that they were going to take him to hospital. The child walked past us twice afterwards and there was no rip in his trousers or evidence of blood. It was about half an hour after the event when they came to tell us they were taking him to hospital.
Expert:  Ash replied 1 year ago.

Just because the child was bleeding doesnt mean it was from a bite.

If there was a bite there would be medical evidence such as puncture wounds and you would need to see this.

Without evidence clearly there can be no bite.

In short if there is no bite then no action can be taken. If mum said a chunk was taken out of him then there would be evidence.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
If it does come back that there is evidence of a bite then what?
Expert:  Ash replied 1 year ago.

Potentially you would be liable for compensation or they could report it to the Police. There could arguably be an element of contributory fault, but the law requires that you keep the dog under control, whether this means it has a muzzle in public.

But it would either be a civil or criminal matter.

Does that clarify? Alex

Customer: replied 1 year ago.
hmmm ok
Expert:  Ash replied 1 year ago.

Can I clarify anything else for you? I would hope there was no bite and no evidence.

Alex

Customer: replied 1 year ago.
I don't suppose we will know until we hear something. You wouldn't suggest we contact the police?
Expert:  Ash replied 1 year ago.

No, you dont want to initiate an investigation.........

Does that clarify?

Customer: replied 1 year ago.
Ok, yes that clarifies things, thank you.
Expert:  Ash replied 1 year ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance! Alex

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