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Topic Dog Boards / General / What if this dog causes an accident? (locked)
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- By Carla Date 15.11.04 18:52 UTC
I normally hack Joshua into the village on a Sunday morning with my friends riding 2 of my other horses. We go down a lane in the village with houses on both sides which the occasional car comes up. We have to go past a secluded gate and s*ds law states that at that point there is normally a car waiting to come past. The problem occurs if the dog that lives there is in the garden - it hates horses and comes out of nowhere and barks very loudly and growls and goes beserk trying to get at them under the gate. This is getting to be very dangerous with cars on one side and spooky horses.

Apparently the owners take no notice when they are in the garden and call the dog back rather pathetically.

They are going to cause an accident - anyone got any ideas? I will suggest to them that they keep it out the way when I see them - but out of interest what would happen IF the dog caused an accident?
- By tohme Date 15.11.04 19:07 UTC
You would have to be very careful as if, for example, you were going to try and prove that this animal's behaviour was to blame, say for your horse jumping in front of a car, the argument could be made that your horse should not be out on the road as it was not safe enough; there was a similar case quite a while ago now, i forget the details but it took years and the horse rider lost.

I will try and see if I can find the case.
- By Carla Date 15.11.04 19:16 UTC
Hmmm - luckily, mine wouldn't jump out in front of a car - that said it gives us all a mild heart attack. But I could imagine some horses would.

It also does this to passing pedestrians.
- By Daisy [gb] Date 15.11.04 19:08 UTC
If the dog is behind a gate - I can't see that it would be at fault. Perhaps you should get off your horse and lead it past this house.

Daisy
- By Carla Date 15.11.04 19:14 UTC
You are joking - right? What about the rights that people have to pass the gate on a public road without being made to jump out of their skin??!
- By Daisy [gb] Date 15.11.04 19:22 UTC
No - not joking at all. If the dog is secure, I don't think that there is much that you can do about it :(

Daisy
- By claudia [gb] Date 15.11.04 19:23 UTC
I understand what you are saying Cloe, but isn't it a dogs natural instinct to bark when someone is passing, most dogs i have seen do this, but i do understand how you feel.
- By claudia [gb] Date 15.11.04 19:26 UTC
I would say that Daisy is right, if you got off your horse then that would avoid an  accidents.
- By Carla Date 15.11.04 19:54 UTC
Aaaahhh - but how do you suggest I got back on again? Not easy with a 16.2hh! :D
- By Carla Date 15.11.04 19:26 UTC
Thnis isn't just barking - this is scrabbling under a big of wood against the gate, biting at the gate and going beserk to get out.

Normally go to see the local bobby for a cup of tea when we go for a hack - might ask him :D
- By tohme Date 15.11.04 19:28 UTC
Under the DDA  'dangerously out of control' means that there must be grounds for reasonable apprehension that the dog will injure a person, whether or not it actually does so.

So a lot is down to individual interpretation.
- By Carla Date 15.11.04 19:58 UTC
I wouldn't want to involve anything legal I don't think - I just think that they should take more responsibility. Folk don't like dogs going beserk at them on a nice Sunday morning walk through the village - on horseback or not :( Why not just put a decent gate on!
- By claudia [gb] Date 15.11.04 19:35 UTC
Chloe, i wish i lived in your village, i would love to go for a cup of tea with my local bobby( love the uniform)ah ah ah
- By Carla Date 15.11.04 19:47 UTC
:D I might ask him to have a chat with them. He's very good - we all ride past and knock on the window and he comes out for a chat :D

PS - although the bobby is nice - the local firemen are better :D :D
- By Golden [gb] Date 15.11.04 21:17 UTC
LOL, they are being responsible.  The dog is on their own property and secure behind a gate!  If you are not happy riding past may I suggest you get off and walk past.
- By Carla Date 15.11.04 21:21 UTC
its behind a very unsecure gate Golden. why should I dismount when its their dog trying to bite my horse thats causing the problem?
- By Golden [gb] Date 15.11.04 21:28 UTC
The dog is in THEIR garden on THEIR property.  Hardly irresponsble?
- By D4wn [gb] Date 15.11.04 21:32 UTC
Surely you don't ride your horse so close to the gate that the dog 'could' bite it?
As you say your horse wouldn't 'jump in front of a car' then surely you shouldn't have a problem with the dogs barking.
As others have siad if the dog is inside his own property then there isn't a lot you can do about it. It's not up to the dog owner to 'cow tow' to you just because you decide to ride by their house on your horse.
Can I ask? Are the owners of the dog new to your village?

By the way I have horses as well and I wouldn't have the audacity to expect someone to take their dog indoors, when it was in their garden, just because I was going past with my horse.
If you dont' like it then take another route.
- By Lindsay Date 15.11.04 21:57 UTC
Is part of the problem that you are concerned the dog could get out?
If the dog is scrabbling very hard and furiously at the gate, i can understand this would cause some alarm.

If the dog did get out, do you feel it would attack? It may be that it is being a bit territorial and would not do anything once outside its own property; however, no-one can say for sure can they; it might alarm the horses.

Lindsay
X
- By Carla Date 15.11.04 22:56 UTC
Firstly, its a single lane track with a car on one side and the gate is onto the road - so yes, sometimes I am forced to ride closely.

Secondly, i don't expect anyone to "cow tow" to me, thank you, but seeing as I have a public footpath through my HOUSE and I am not allowed to let the dogs even BARK at someone choosing to go through it I hardly think i am being unreasonable suggesting they do not let their dog try to bite their way through a poxy bit of wood when I am passing through.

Finally - I wouldn't choose to be a pain with my dogs. I would put up a decent gate and be done with it.
- By Lady Dazzle [in] Date 15.11.04 22:12 UTC
To be honest Chloe, there is not a lot than anyone can do about it.

It does seem unfair but the dog is in their garden, not on the public highway.  Not much difference to riding past a field full of young bullocks, when you are riding past on a spooky horse, you just have to deal with it. :-( 

If an accident happened god forbid, it would be considered to be just as much your fault as theirs for not being in control of your horse.

I have a friend who lives alongside a much used bridlepath in the Shropshire Hills, her dogs greatest game in life is to run from one end of the fence to the other barking at anything that is going past.  Very much a territorial thing.

Jayne
- By hefinjones [gb] Date 15.11.04 22:44 UTC
I have to say I agree with the other members, If you rode past my farm and my dogs didn't react they wouldn't be doing their job.
Have some respect dear and get off your horse and walk it past. You are not only causing undue distress to your horse but also to members of the public if your horse was to react in the prescence of the public.
- By Carla Date 15.11.04 22:58 UTC
As it happens, my horses are excellent - even under this kind of pressure. However, if someone takes a child along there and is NOT aware of it, on their heads be it "dear".

oh, and fyi - last time a farm dog ran out on the road and attacked my horse it got a good belt with my whip - which I only carry for these purposes.
- By hefinjones [gb] Date 15.11.04 23:05 UTC
I can't see your point, I would not let any child of mine onto a road as it where and they would only be allowed to stick to 'safe' bridle paths as I would have walked them first.
If your horses are excellent what is your point?
- By Carla Date 15.11.04 23:08 UTC
my point is this is a discussion board - so i put up a point to discuss. I won't bother in future, I'll just ask the police their opinion - they are far less patronising than some on here.
- By Carla Date 15.11.04 22:59 UTC
my point is that you can usually see a field of bullocks and pre-empt it. this dog comes from nowhere, right next to a road, and could cause a major accident if it got out under the board.
- By tohme Date 15.11.04 23:03 UTC
But surely using this same analogy a) you KNOW this dog is there, it is in a garden it is not "coming from nowhere" so why can you not pre-empt it? and b) a motorist could think exactly the same about you and your horse eg you could cause a major accident if you fell of your horse...............
- By Carla Date 15.11.04 23:04 UTC
My point is that i DO pre-empt it - what about those who don't know? I haven't once said that my horses are the ones that freak - but I will admit it makes us nervous.
- By tohme Date 15.11.04 23:07 UTC
But you would not "know" if a tractor, bulldozer, stag etc came round the corner would you.  When you are out riding you expect to come across all manner of things that may surprise you and the horse; that is just one of the hazards of horse riding!
- By Carla Date 15.11.04 23:10 UTC
Really? do you think?! I never knew that thome!! :rolleyes:

If you can't discuss a point without making it a personal nitpick then just don't bother. I put this here to liven it up a bit as frankly, no-one is asking any questions here any more and I can understand why.
- By tohme Date 15.11.04 23:12 UTC
But surely we have ALL livened this thread up ChloeH just as you wanted have we not.

Or do you only enjoy liveliness on your own terms? :D :D
- By Carla Date 15.11.04 23:13 UTC
whatever thome.
- By hefinjones [gb] Date 15.11.04 23:10 UTC
You belt farm dogs with a whip?
For people like you the only option is to show you the barrel of my shotgun as my dogs would only be protecting my property and alerting myself to any danger (also protecting my livestock which incase you have forgotten is many farmers livelyhood).
I really hope you do your research so you can arm yourself with good hard facts that will stand up in court should this 'problem' arise.
- By Carla Date 15.11.04 23:10 UTC
Your dog attacks me on a public highway - I'll hit it with my whip.

PS - watch what you are threatening on here.
- By katyb [gb] Date 15.11.04 23:15 UTC
blimey my horse would of had a heart attack!! i used to have to be very careful where i took him he was even scared of brollies!! i know what you mean about not getting off even at sixteen i had to use a mounting block!
- By liberty Date 15.11.04 23:17 UTC
Surely anyone using a public highway, either on foot or horseback, has the right to use it without being terrorised by an unruly dog.

liberty
- By hefinjones [gb] Date 15.11.04 23:16 UTC
So you would encroach my land to whip my dogs as they are doing their job protecting my property/livestock?(If we read back where does it say the dog in question was lose it is merely at it's gate protecting it's property is it not?)
I am watching what I am saying , apparently you aren't.
- By Carla Date 15.11.04 23:18 UTC
You're not watching what you are reading are you:

oh, and fyi - last time a farm dog ran out on the road and attacked my horse it got a good belt with my whip - which I only carry for these purposes. 
- By Lady Dazzle [in] Date 15.11.04 23:18 UTC
Not necessarily Chloe, they could be grazing very quietly until something excites them and brings them thundering up to a hedge (such as a horse riding past).

As someone else mentioned you never know what is round the next corner, and I would have thought that as you can pre-empt this particular dog, then you have the advantage.  Possibly arranging a different route.

Of course the dog running out of nowhere makes you jump, as it would anyone, but so do lots of other things. For example.

We had a sonic boom here in Norfolk last week, I was working in a garden next to the Gas Terminal and thought the whole lot had gone up!!!!! Goodness knows what would have happened if I had been riding at the time :-D
- By Carla Date 15.11.04 23:22 UTC
The point of my original post was to ask what would happen if the dog caused an accident - the lane is narrow and if A horse (not necessarily mine!) jumped infront of a car - what would happen. The lane leads to a bridle path so a lot of horses use it. My horses are used to dogs and it makes me jump more than them, but rather than relying on the "attitude" on here (you not included - I value your opinion) I will ask the local bobby tomorrow because its something that the horse owners here need to be aware of - if they are going to be held liable.
- By Lady Dazzle [in] Date 15.11.04 23:26 UTC
That might be worth a go Chloe, but I wouldn't hold your breath, unfortunately local bobbies are all very well, but this may well be something waybeyond his experience.

Personally I still think that responsibility still lies with you, as the rider, whatever the cause :-(

An analogy is, if you were riding a bike along a road, and a bird scarer went off on the other side of a fence, causing you to swerve and cause an accident.  There would be mitgating circumstances, but ultimately I think the bike rider would be the one at fault.
- By Carla Date 15.11.04 23:33 UTC
indeed. but I also understand that everyone has a right to go about their business without being threatened by someone elses dog.

no matter - i'd change my route if it was a problem - but I still think that the owners could find themselves in hot water - especially if a child walks past with a dog.
- By hefinjones [gb] Date 15.11.04 23:39 UTC
Please don't use the 'child' argument as it doesn't wash, as any responsible parent would not allow a child to walk a dog in an unknown area never mind ride a pony.
- By Carla Date 15.11.04 23:42 UTC
it washes here. I define child up to aged 14 and lots of 14 year olds and younger walk around this village - alone. whether the parents are responsible or not - it still happens.
- By hefinjones [gb] Date 15.11.04 23:47 UTC
Basically if a 14yr old cannot handle a spooked horse then the said child cannot be deemed responsible can it not? (Hence parent introduction)
- By Carla Date 15.11.04 23:49 UTC
I'm talking about the child walking a dog. Lots of them walk dogs here and this dog does the same then.
- By hefinjones [gb] Date 15.11.04 23:55 UTC
So the same principle applies doesn't it? I wouldn't put a child under 18 in control of my dogs never mind a horse which is surely a more powerful being.
In that case it's upto the parent to be responsible for the child and if this said dog alarms the child walking the dog what can you do? Nothing! It's not your responsiblity its the parents.
- By hefinjones [gb] Date 15.11.04 23:24 UTC
I have no need to get your back up but the dog is in the safety of it's own surroundings, If the gate fails then fair enough you may have grounds for proceedings BUT for a dog merely protecting it's property and alerting it's owner to the dangers, surely thats a good thing?
If the owner neglects to whip (Your prefered method not mine) the dog as way of punishment for frightening your beloved horse who are you to argue?
- By Carla Date 15.11.04 23:27 UTC
If the gate fails there is going to be a big problem. Not with my horses - but defintiely with some. Mine don't react to dogs nipping at them - but some would.

I smacked a collie because it ran out the farm and chased us down the road. I was on my own and it wouldn't go away. I told the farmer because he tops my fields for me and he said it was the best thing to do. Smack it on the nose and send it home. Happy now?
- By hefinjones [gb] Date 15.11.04 23:32 UTC
That is fair enough you have the farmers say so and many of us are approachable in this respect.
Have you not thought to perhaps have a friendly word with the owner of the dog to ensure his gate is secure enough and in future to perhaps avoid the home until your horse is sufficiently trained to deal with these issues?
Topic Dog Boards / General / What if this dog causes an accident? (locked)
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