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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 77975
Experience:  Over 5 years in practice
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My dog was being walked by my adult daughter and it slipped

Customer Question

My dog was being walked by my adult daughter and it slipped the lead to confront another dog, No one was injured including the dog, no bites etc, The owner of the other dog has complained to police that I have a dangerous dog
JA: Because laws vary from place to place, can you tell me where this is?
Customer: UK
JA: Has anything been filed? If so, what?
Customer: The police without even talking to me tried to have me sign a warning which I declined as my side of the event had not been sought
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Law
Customer: replied 1 month ago.
The owner of the other dog called at my home and stated that his dog had received several puncture wounds along its back. On the police report it stated that he had not taken the dog to a vet and there was no evidence of puncture woulds as previously described. He had been untruthful about the dogs injuries
Expert:  Jo C. replied 1 month ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Customer: replied 1 month ago.
Thank you
Customer: replied 1 month ago.
I am happy to type the questions
Expert:  Jo C. replied 1 month ago.

Sorry for the delay.

What would you like to know about this?

Customer: replied 1 month ago.
I want to know what course of action I should take as the police tried to get me to agree to a warning even though they had not invited me to give my account of the event and that no one or animal was injured in anyway. If I do not agree to the warning, what alternative action can be taken
Expert:  Jo C. replied 1 month ago.

Do you know what this other woman has alleged?

Customer: replied 1 month ago.
My dog was being walked by my adult daughter and it slipped the lead to confront another dog, No one was injured including the dog, no bites etc, TheThe owner of the other dog called at my home and stated that his dog had received several puncture wounds along its back. On the police report it stated that he had not taken the dog to a vet and there was no evidence of puncture woulds as previously described. He had been untruthful about the dogs injuries owner of the other dog has complained to police that I have a dangerous dog.
Expert:  Jo C. replied 1 month ago.

Thank you.

The risk of refusing the warning is this. There is a lesser offence under the Dangers Dogs Act 1991 of placing a person in reasonable fear of injury. The wording is a bit more complicated than that but that is it basically.

I don't know whether you would be prosecuted or not. They do not commonly bring ill considered prosecutions with this particular offence now but that is the risk.

Also, there is an outside risk of being sued but they would need a vet's bill to recover.

If this is basically a dog scrap then you might well succeed at court but that is the risk that you take.

I suppose it depends on your appetite for risk.

Can I clarify anything for you?

Jo

Customer: replied 1 month ago.
I think that is worded well, it was a scrap that lasted no more than 3 seconds and there is no vets bill as the dog had not been taken to a vet which is a little surprising and there appears to be no sustained injuries, so no continuity of evidence. When the owner arrived at my home he claimed the dog had sustained serious injuries which it clearly had not and knew that he was fabricating this part of the event. Its been blown out of all proportion. My reluctance is due to the fact that he has given an inaccurate account of the event and if I agree to take the warning, then i have accepted his version of events without having been given the opportunity to counter
Expert:  Jo C. replied 1 month ago.

That is certainly true.

People do that sometimes I'm afraid.

I suppose it depends on the risk you want to take.

Obviously the worst case scenario is that you are prosecuted and the Bench believe his lies.

Worst case scenario tends not to happen but you might want to know the risk

Customer: replied 1 month ago.
Finally, worst case scenario..... What would be the sentence if found guilty as I am minded to fight this
Expert:  Jo C. replied 1 month ago.

It would probably be a fine or a community order but there is the risk of a destruction order for your dog.

That isn't likely as there is the option of a contigent destruction order but you might want to know the risk.