Our dog attacked - who pays?
Discussion
Recently our dog was very badly attacked by another dog when walking in the local park. Our dog was off the lead playing in a stream away from anyone else, and away from any paths. Another dog being walked on a lead managed to pull free from its owner and it's lead broke, ran up to our dog and clamped onto his throat, ragging him about and refusing to release its bite. After a while we eventually got it off by prizing its jaws open with a stick. Our dog suffered some nasty injuries to his throat.
The other dog owner was apologetic, and said they knew their dog wasn't safe around other dogs and is always kept on a lead, but it managed to break free.
We took him to our vets 'out of ours' surgery (weekend evening) who referred him straight to a local animal hospital for treatment and stitches under general anaesthetic. The bill up to this point was £700, thankfully we had the other dog walkers/owners details and they paid this bill directly. Our dog isn't insured.
Since then, our dog suffered complications including an infection to the injury and required more treatment. Today he has gone back under general anaesthetic for further work, with the stitch work needing to be redone. This additional bill is expected to be approx another £700.
We are hoping the other dog owner will pay this additional £700 but realise we can't make him do so. If he doesn't, then there doesn't seem much can be done to make him pay. My wife was recently made redundant so money is tight for us, but we will pay the bill if needed. I'm guessing a small claims court could be an option to try an claim it back from the other owner? We chose not to report it to police as the owner appeared a decent person, was clearly shocked and paid the initial bill no problem, plus a court can't make him pay if he claims to be unable to do so. All they would do is order him to keep his dog muzzled and on a lead when in public, with court costs and token gesture of compensation.
Any thoughts?
The other dog owner was apologetic, and said they knew their dog wasn't safe around other dogs and is always kept on a lead, but it managed to break free.
We took him to our vets 'out of ours' surgery (weekend evening) who referred him straight to a local animal hospital for treatment and stitches under general anaesthetic. The bill up to this point was £700, thankfully we had the other dog walkers/owners details and they paid this bill directly. Our dog isn't insured.
Since then, our dog suffered complications including an infection to the injury and required more treatment. Today he has gone back under general anaesthetic for further work, with the stitch work needing to be redone. This additional bill is expected to be approx another £700.
We are hoping the other dog owner will pay this additional £700 but realise we can't make him do so. If he doesn't, then there doesn't seem much can be done to make him pay. My wife was recently made redundant so money is tight for us, but we will pay the bill if needed. I'm guessing a small claims court could be an option to try an claim it back from the other owner? We chose not to report it to police as the owner appeared a decent person, was clearly shocked and paid the initial bill no problem, plus a court can't make him pay if he claims to be unable to do so. All they would do is order him to keep his dog muzzled and on a lead when in public, with court costs and token gesture of compensation.
Any thoughts?
Terrible situation, hope your dog is okay.
Yes we pay twenty odd quid for our cocker and have since arriving.
However, for devils advocates purposes, if it were me OP, given your dog wasn't on a lead and the other was (all be it breaking free) I think for £700 I'd be a bit annoyed and would be suggesting your dog started the problem, especially as mine was on the lead and had to break free in order to fight back.
This is assuming the other thing wasn't a dangerous breed was it?
Not sure where you go to be honest, our neighbours had this and went around and asked for the money. As he's a large chap, they paid up.
I'm a coward and would grumble quietly to myself!
Take care, look after your dog!
Yes we pay twenty odd quid for our cocker and have since arriving.
However, for devils advocates purposes, if it were me OP, given your dog wasn't on a lead and the other was (all be it breaking free) I think for £700 I'd be a bit annoyed and would be suggesting your dog started the problem, especially as mine was on the lead and had to break free in order to fight back.
This is assuming the other thing wasn't a dangerous breed was it?
Not sure where you go to be honest, our neighbours had this and went around and asked for the money. As he's a large chap, they paid up.
I'm a coward and would grumble quietly to myself!
Take care, look after your dog!
Assuming the dog that attacked was not a dangerous dog (defined by the Danger Dogs Act 1991), the offending owner MAY have cover within his home insurance, under the public liability section. If you still have his contact details, might be worth a gentle ask as he will need to admit or be proven of being negligent for insurers to consider.
can affect the outcome if one off the lead, usually if you had been insured, they cancel out the third party claim but you would have been claiming for the vet treatments instead, also check if you have liability insurance yourself, as if say your dog runs out and causes a crash, or causes some one to fall, then that falls to the owner to cover the costs
dundarach said:
However, for devils advocates purposes, if it were me OP, given your dog wasn't on a lead and the other was (all be it breaking free) I think for £700 I'd be a bit annoyed and would be suggesting your dog started the problem, especially as mine was on the lead and had to break free in order to fight back.
That's not how I read it. LeadFarmer said:
Our dog was off the lead playing in a stream away from anyone else, and away from any paths. Another dog being walked on a lead managed to pull free from its owner and it's lead broke, ran up to our dog and clamped onto his throat, ragging him about and refusing to release its bite.
Suggests there was no compunction for the other dog to defend itself, and that it was actually the aggressor. If an owner truly knows their dog is not dog-friendly, they should have had it muzzled. For their protection, for their dog's protection and for others' protection.I've had dogs that aren't dog friendly, and I know it's my responsibility to keep other dogs safe and them safe.
OP - I think you would be within your rights to ask for the additional money but whether you'll get it is another matter.
You may not want to take it to court, but you could contact the local Dog Warden to report it.
Edited by moorx on Tuesday 15th December 17:35
Mexican cuties said:
also check if you have liability insurance yourself, as if say your dog runs out and causes a crash, or causes some one to fall, then that falls to the owner to cover the costs
Indeed. If you take out membership with the Dogs Trust, you can get third party public liability cover for just £25 per year:https://www.dogstrust.org.uk/get-involved/membersh...
bungz said:
As mentioned insurance would have helped here not only for the costs but the follow up of investigating the matter.
Should have been reported to police and the local dog warden as matter of course.
Glad the dog is ok.
Dog on dog attack isn't for the police to deal with (unless it's an assistance dog). Dog warden is who it needs to be reported to. Should have been reported to police and the local dog warden as matter of course.
Glad the dog is ok.
Whilst insurance may have paid out, I feel some liability ought to fall on the other dog owner.
Anyway, we have paid what we hope will be the final bill of £1,100 which is in addition to the initial bill of £700 that the other owner paid. Fingers crossed they will pay, but time will tell.
Anyway, we have paid what we hope will be the final bill of £1,100 which is in addition to the initial bill of £700 that the other owner paid. Fingers crossed they will pay, but time will tell.
Edited by LeadFarmer on Tuesday 15th December 19:35
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