Hi there I am new to this site - my 5yr old dog (a terrier) was in my back garden which is fully enclosed with a wooden slatted fence ... my next door neighbour started mowing their lawn and my dog got a bit excitable barking at the noise ... i got told later on that a child (toddler) who was visiting my neighbour was in her back garden and bent down to pet my dog while it was excitable and was allegedly bitten by my dog causing a cut on a finger - i am pretty sure my dogs muzzle does not fit through the wooden fencing and that the child must have put their hand through the fence and was bitten accidentally while my dog was barking ... does anyone know where i stand if the parents try to blame me or my dog and does anyone else have any experience of this type of behaviour and have any idea how i can stop this from happening again ? any help would be greatly appreciated thank you

Legally, there isn't much they could do if they didn't take the kid to hospital or report it to the police.

BUT, in practical terms they could make your life a nightmare. So - increase the height of the fence so no one can lean over, and block up the slats so fingers cannot be poked through (don't think of this as keeping their kid safe, think of it as keeping your dog safe).

If they mention it to you again, do NOT admit that your dog could have done this, even accidentally, be nice and sweet and polite and just state that you will ensure fingers cannot be poked through the fence in future as although you are sure your dog did not do this, it is better to prevent such things occurring.

To raelly drop you in it they would have to be able to prove that not only did your dog definitely bite the child, but that you were aware it was possible and likely (ie, the dog has a history of it) and failed to take action.

Since they cannot prove it, and up until now you had no reason to suspect your dog would do this, nor that it was possible - they really can't do anything but be a pain in the rear.

Good fences make for good neighbours, so first thing to do is to make ABSOLUTELY sure that it is IMPOSSIBLE for  your dog to bite anyone when it is in your garden; which means ensuring that it can not go through, over or under any barrier.  If funds are tight and you cannot replace panel fencing then put somthing in FRONT of existing fencing eg bamboo shading you can buy or netting which ensures that this cannot occur.

If your dog is going nuts at a mower, maybe it is best to ensure that it is indoors during this short time so that his arousal levels are not sent sky high.

It could be that the noise of your dog is the real issue here.........................

If the child was bitten by your dog as it is on private property nobody can haul your dog off (unless they use trespass) but as this is a civil offence and is decided on the balance of probabilities rather than beyond reasonable doubt that is not going to happen either.

If your dog is insured it is vital that you inform them that you have been ACCUSED of this, failure to mention any occasions such as this can invalidate your insurance.

another thing you may wish to consider is to do some proactive training so the likelihood of your dog biting a finger is minimised.

Even though it was on private property you can be prosecuted under the the act of 1871 which states that any dog unless muzzled and on lead is out of control. However the polioce hardly have a clue what is what and unless they report the incident nothing can be done.

They must identify the dog concerned. Get a solicitor if it goes any further, look up Trevor Cooper dog law.

>the act of 1871 which states that any dog unless muzzled and on lead is out of control.

Could you link to where it says that in the relevent law, please, regarding the dog being on the owner's property?

> Even though it was on private property you can be prosecuted under the the act of 1871 which states that any dog unless muzzled and on lead is out of control

Isn't that only relevent in a public place?

Recently a toddler had it's eyelid partially bitten off while it was in the dog owners garden. (BBC news article here).
The article goes on to say:
A police spokesman said: "In this incident, the Dangerous Dogs Act does not give the police powers to take any further action.
"This is because the attack took place on private property that belonged to the dog's owner.
"We have advised the family they may wish to consider civil action.".

To the OP. In addition to the advice allready given re. trainng and securing your garden, I persaonlly never leave my dog unatended while he's in the garden so I am always present to see for myself what he's up to. I don't think he is a danger, but you never know what little toe-rag will antagonsie your dog and then try to cause trouble for you.

I didn't think it did say that Jean tbh.  My understanding of that particular Act is that should a control order be made under that particular Act/Law, then one of the conditions could be that the dog has to be under control by way of muzzling and/or on a lead (I think it could also include keeping the dog away from specific places too).

That's my understanding of that Act/Law anyway! :)

> Could you link to where it says that in the relevent law, please, regarding the dog being on the owner's property?

JG, I've just found something, here.
This says the 1871 act applies also to private property, but it is a civil matter.

>> Even though it was on private property you can be prosecuted under the the act of 1871 which states that any dog unless muzzled and on lead is out of control
> Isn't that only relevent in a public place?

No

Dogs Act 1871 Section 2:

This is a civil (not criminal) complaint-although heard at a Magistrates' Court, it therefore operates on a lower standard of proof - on a balance of probabilities It is important to note that the Act can be applied to both public and private places.

if the child was bitten they should have took her to hospital for a tetanus,also how do they no he/she didnt catch it on the fence.Surely if your in a garden you should supervise a toddler especially if theres a dog barking at the fence,id have  never let my children near a barking dog,! fence or no fence .To be safe in the future i would get some reed fencing and block up the slats its cheaper than replacing all the fencing.

I'd staple chicken wire to the inside of the wooden fence, so that there's no argument that the dog could have put his muzzle through the fence.

DDA 1991 applies to public places 1871 act is used for private property. Thats how pitbull attacks in the home can't be prosecuted under DDA, usually get charged with something minor.

That said if they have gone to hospital the hospital will report it to the police as a matter of procedure. I would be surprised if anything comes of it people tend to make a fuss but rarely take it further.

We have issues locally with dog on dog attacks and police won't prosecute, probably mainly cause the dogs belong to a policeman. Police don't know the law themselves usually. Had to amke a complaint about their procedure to get them to act when my dog was attacked in a public place, so covered by DDA. 

That said if they have gone to hospital the hospital will report it to the police as a matter of procedure.

No they won't. It is not up to a hospital to report such things. They may well advise the parents to do so but will not report anything themselves. Emergency departments do not report injuries to the police for any reason, though they may give information if requested by the courts of a solicitor.
Aileen

>Emergency departments do not report injuries to the police for any reason

I heard they were required to for gunshot wounds, although all personal details are withheld (going totally off-topic, sorry!).

Hospitals do not report dog bites per se, after all people are bitten by their OWN dogs! ;)

I couldn't quote chapter and book but I think it is not obligatory...but most would for something as serious as that. Kind of comes under the  Drs oath that anything that is said between them is  completly private. There is no requirement for anyone else to know why you are attending if you want to have a private consultation with a Dr. The only time we insist on a chaperone is if it looks like a dangerous situation, or if the patient needs an intimate examination.
If the police rang and asked if we had had a gunshot wound then we would probably say yes but that is all.
Aileen

I am not understanding this post at all?

Sorry Tohme it was in reply to JG !! ;-)
Aileen

thanks guys for all of your advice - the child was taken to hospital - it was a tiny little cut and it could very easily have been done cutting it on the wooden fence but the mother was a bit panicked - i am not too happy that the toddler wasnt supervised closely enough either - i would never let my children run about a garden while someone was cutting the grass and stick their hands through a fence to a rather excitable dog but that is not the case - i was distracted while someone came to my door and i thought my dog was safe in my garden but i have learned from this and will put some reeds or chicken wire up to make sure she cannot be accused of doing this again ... she does like to bark at loud noises and also the neighbours staffy which runs freely about their garden but i never expected a child to put its hand through the fence - thats my fault and i admit that so will make sure it cannot happen again - thanks once again for your advice its greatly appreciated :) - ps my dog is a scottish terrier and was attacked by a staffordshire when she was a puppy - my dog was on a leash and the staffy was being walked without one - the staffy ran over and grabbed her by the throat before i could lift her up (i was walking both my dogs at the time) and she has been very strange and nervous around other dogs and children ever since ... does anyone have any advice as to how i can help her with this as whenever u walk ur dog in a park (as most of you know) children are always coming over to stroke ur dog and the parents tend to wonder why you get nervous - my dog puts her head down, ears back and gives a low growl (i see this as a warning that she is kinda scared) but children and their parents dont take too kindly to you warning them off and think ur dog is weird and aggressive if they cant stroke it - strange i know ... but unless you are the owner of a nervous dog you just dont understand

You need a behaviourist to help you with what has happened already as she had the option in your garden to move away if I'mundertsanding it correctly but she choose not to,all be it that she was in a hyperstate. Tells you that she will follow through if pushed or if excitable needs very close monitoring and follow up.

It is procedure at my local hospital for police to be informed if a dog bite presents, possibly it depends on area. I know this as there have been several cases lately involving kids and dogs in bad attacks, none of which have made the news, as another client of mine is involved with social services and I'm contacted about the dog. Although usually they have been PTS by choice on the day of the attack by the owners.

http://www.legislation.gov.uk/ukpga/Vict/34-35/56

Probably better to read the document rather than other's interpretations.

Try someone from here

http://www.apbc.org.uk/
or
http://www.apdt.co.uk/local_dog_trainers.asp (trainers, but some have a behavioural interest)
or
http://www.capbt.org/

don't just get someone from the local paper, or similar, as they may make things worse.
People need theory and experience to do a good job :)