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 Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70696
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

Hallo, i went for a walk with my dogs to a country lane,

Customer Question

Hallo, i went for a walk with my dogs to a country lane, there was a gate to a huge alotment with sheep open, my dog went in and chased sheep (she is a 9 mo , doberman bitch) she hasnt hurt any of the sheep, just scared them and chased them. The gate has never been opened before. Is my dog in trouble? I am happy to pay some costs to the owner who threatened tp me all the time, that he was gonna shoot my dog and saying that the dog should be put down.... I believe that he is at fault for not shutting the gate, thank you
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

He isn't at fault.

The responsibility is yours as a dog keeper to keep your dog under control.

Expert:  Jo C. replied 1 year ago.

Had he shot your dog then he would have had a defence to the charge of criminal damage on the basis that your dog was damaging his property. That didn't happen.

Expert:  Jo C. replied 1 year ago.

However, the reality is that the Dangerous Dogs Act 1991 doesn't apply because no person was ever at risk or felt reasonable apprehension of risk.

Expert:  Jo C. replied 1 year ago.

The Dogs Act 1871 could apply but there is quite a lot of case law that excludes things like this where is is just chasing other animals.

Expert:  Jo C. replied 1 year ago.

the only thing that concerns me is that you talk of paying some costs which would imply there was some damage. If there was then you would be liable for it.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
there was no damage done, my puppy is just a crazy dog, however I was willing to pay , becauce the guy was thretning
Expert:  Jo C. replied 1 year ago.

Pay for what?