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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70304
Experience:  Over 5 years in practice
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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: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.

He isn't at fault.

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

Expert:  Jo C. replied 10 months 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 10 months 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 10 months 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 10 months 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 10 months 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 10 months ago.

Pay for what?