Yesterday my GSD bitch got into an altercation with a neighbours dog sadly. Fortunately neither was hurt and no damage was done but i'd like to know for my own piece of mind where i stand legally. My girl was on on our front garden off the lead (she had just followed my husband out to the car) when the neighbours daughter from next door but one was walking her dog. She had her dog on a leash but it wandered onto our garden.It growled when it saw my girl and my girl then ran towards her and went toward in an attacking mode. When called back by my husband, she did immediately. However, were we in the wrong for having our dog uncontrolled or was it not right that that the other dog came onto our property even tho it was on a leash?

I would very much appreciate any opinions.

Just sounds like one of those things, no big deal. I don't think anyone was really in the wrong, your dog has every right to be in her own front garden and I doubt any of us could honestly say that our own dogs hadn't strayed a foot or so into someone elses garden once on a walk - these things happen with dogs.

there isnt any law covering this.

why are you even worried? doesnt sound like a big deal, nothing appeared to happen?

If MP Angela Smith gets her way there could soon be a law that will affect all of us as dog owners.
She is seeking an amendment to the Dangerous Dogs Act - that dog owners will be responsible
for their animals on all private land (your garden/home/private lanes or roads etc) so if a dog attacks
and is deemed dangerously out of control then 'we' could face a 2 year jail term and unlimited fine. I suppose
this would be worse case scenario?

The test case is being heard this week in the courts re the 2 Rottie's and the Postman the attack happened in a private lane.
The Postie was badly mauled and the owners had been warned by other people that their dogs behaviour was
not acceptable as they'd already got out of gardens and bitten a Great Dane and a Lab.

Not saying for a moment that we all have dangerously out of control dogs but it is something that we need to be
aware of. 

If your front garden isn't fenced then it's not safe for your dog to be out there not on lead.
As it is upto us as owners to make sure that our dogs are safe at all times. Not all people are
responsible when walking dogs on lead or off lead, some have no clue at all.

At the moment Id say it was an unfortunate incident but in future would make sure that your dog
is on lead at all times in your front garden. As you never know when an on or off lead dog will next stray into your front garden.
On lead dogs are considered 'under control' whereas off lead the dog is deemed 'not under control' even though the dog could be fantastically
obedient and the on lead dog not really under control. Its upto us as dog owners to minimise the risk to our dogs.
Sadly as today it doesn't seem a society tolerant of dog owners nor of commonsense or logic.

I think it depends on your garden, for example I walk my dogs past some lovely houses who have no fences. Their gardens are grass up to the path. There's many a time my dogs and me have "wandered" onto these gardens by moving over to let someone else pass or just accidentally. It's been no more than putting a paw or foot on the grass.

If that's what the girl and her dog did then I'd say you/your dog is in the wrong because your dog would have reacted the same if they were two inches further away not touching your garden. Maybe your dog would have reacted the same if they'd been on the other side of the road? If the girl let the dog actually into your garden and towards your dog then she'd be wrong.

I expect my dogs to ignore growling, barking, teeth baring dogs unless that dog is charging towards them in an attack and then it's completely normal they might feel the need to defend themselves.

Legally is another matter, I don't know. That's all just my opinion.

Not sure about what is legal in this but for your own and your dog's protection, I'd never allow her out front if there is no fence.

Dogs generally, even labradors and non guarding breeds (my own lab x whippet did it many many years ago to a neighbour walking past our front garden, which was walled but  no gate!) will take exception to other dogs walking past, as they will usually protect their own territory.

Best wishes

Lindsay
x

I think this also depends on your breed and the temperament of your dog  , my dogs ignore other dogs they look at them as if to say 'whats your problem' if they are growling or barking at them.
I dont allow my dogs to roam into other people gardens but accidents can happen, so I see it as a case of know your dog and act accordingly ie: if you know your dog would react to protect then dont put them in that position its not fair to them or the dogs happily walking past.

We dont have gates on the drive but I dont allow my dogs onto the drive without leads on (busy road close by)

This is a problem situation that I could easily have  so I sympathize with you. My gsd doesn't ignore other dogs walking past the house and if he were out the front would run up and bounce on them barking, obviously frightening others. I feel it is a bit of a grey area if the dog had come on to your garden ,  if like me you have an open plan garden I always feel the blame/responsibility lies with me if my dog should rush up barking etc In  fact almost had something similar this morning my dog was on the doorstep in a sit stay I was opening the car to put him in for his walk when he started barking and trying to move.  Luckily I went back to him and took his lead as I did I saw directly across the road another dog on a lead. Fortunately he didn't run off and I took his lead  and the owners just smiled it could have been so different. With my dog unfortunately he is inclined to behave like this despite all my efforts and as you say starryeyes it also depends on the breed and the temperment of the dog my flat coat wouldn't have moved and if she had been close enough would have sniffed and licked very gently  but a very different dog.
I am begining to feel that being a dog owner seems to mean whatever you do someone thinks you are wrong.    

thanks everyone for your advice. Ive been very upset about the incident and am just so relieved the little dog wasnt hurt. Our gates were actually shut, but the dog came onto our garden thru the neighbours gates, (our front gardens are shared) I'll certainly make sure she doesnt go on the front again unless she's on a leash and I thank you all for your help

xx

I sympathize with you completely Furriefriends. My GSD is exactly the same, luckily he is obedient, but he is very territorial around home. We are open plan, at the front, obnoxious neighbour next door, who lets his dog walk all over my front garden when he comes home from the pub in a taxi. My dog pinned his last dog down on my front lawn, she had thrown herself at my wrought iron gate at the side of the house. My dog was in the back garden, so he launched himself at the gate & it opened. He was only doing his job, he didn't bite her, just held her down. The neighbour still does it, I have to have eyes in my back-side! The gate now has an extra security lock on it.

We play with a dog every morning for the past two years. we went past its house, its owner said hi and it bit my dog!!
Its was guarding its owner and its den, natural behaviour.

We let a rottie and owner in our garden,knew them for years Jake did not see Audrey! (rottie) come in when he did he went for her really aggressive, could it also be a shock for them to see a dog in an area where they are the only dog?

But nothing to worry about, the other dog should not have been there.IMO

i dont see that you or your dog have anything to reproach yourself for, especially if your gate was shut.
just sounds like dogs being dog to me - sometimes i think we lose sight of that.

I dont see why you or your dog have anything to reproach yourself for, especially if your gate was shut?
Just sounds like dogs being dog to me - sometimes i think we lose sight of that.
There was no actual aggression, just canine bluster, so i dont understand why your own dog should not be allowed in its own front garden off lead - accompanied, granted, but why on lead?
Especially as she demonstrated a good recall during the situation?
She and your husband were great.
How many dogs actually recall when confronting another dog?
If you put her on the lead just because she 'may' respond to another dog that confronts her first, even though you can interrupt her behaviour, then that would, by logical extension, mean she should always be on the lead everywhere.
So i would say keeping her on lead in your garden based on this one incident would be the wrong decision because:
a) its unnecessary
b) its unjustified
c) it could make her more defensive.
As she may feel she has no means of escape, and you could inadvertently make her worse thru defensive handling due to applying your anxiety down the lead. whereas, off lead, she feels happy and secure enough in the situation to remove herslef on command and trust in your husband to care of her and the deal with the 'threat'. 

Is your reproach of yourself and your dog inspired by the fact the other dog was small and your dog big?
If so, i dont feel that is relevant.
The only person that should be questioning or reproaching themselves are the owner of the dog that is able to overpower its handler and pull into a strangers garden to growl at their dog.
For example, from the details given, one question that springs to mind is how old is the daughter and is she appropriate for walking this dog?

If worried, could you put a fence between you and your neighbours garden?
And maybe take yourself and your girl to training classes, so you have the control that your husband has? That might help calm your worries?

Just sounds like dogs being dog to me - sometimes i think we lose sight of that
Krusebuster[sp] Thank goodness for common sense - in context.  I know there are extremes - I've had problems with my youngest son [now, at 16yrs,  a 6Fft + rugby player] being bullied when younger and it was said that 'boys will be boys' - there's got to be limits wichever way you look at this problem - or any for that matter.  Kids, dogs and adults will get into confrontational situations but, with an element of common sense [as above] by EACH party problems could be much reduced and certainly much less upsetting for all those involved.

thanks for those words Heidi

dont worry about the spelling - at least you didnt call me krusestalker!

Krusewalker, thank you for your excellent advice! My girl is very protective in the home, but outside she loves to run on the front garden. Our neighbours (joined to us have 4 children under 10) and she happily runs along with them and plays with them on the odd occasion she is on the front. However, I must add this is very rare, she only goes out the front when why husband has just come home and is emptying the car and she is pleased to see him, she has a quick dart about and immediately comes back in the front door. The child walking the dog was only 8-9 years old. The had it on a flexi lead so it strolled through our next doors neighbours garden, onto ours, and my girl caught sight of it.

My main concern was that I thought i was in the wrong as my girl wasnt under control as such (ie on a lead) and the other dog was, even tho it had ventured into our garden.

I was very proud of her that she recalled immediately, but still, I dont like any sort of controntation and it did break my heart that the incident happened at all.

Thanks everyone for your support

xx