Okay can anyone clear this up for me whats the "law" regarding dog bites a neighbours dog has bitten the little lad of another neighbour :-( The dog in question is rarely if ever in the front garden normaly, just occasionaly he potters out when his owner is watering the hanging baskets he never strays and is never out off lead, he is about 6 or 7 I think and a X breed with a little spaniel I think in him, well it appears the neighbours lad hung over the mans fence trying to stroke the dog who nipped/bit him hard enough to draw blood and the lad (11) has been taken to hospital.

Is there a "law" regarding dog bites the lads parents have reported the dog.

The lad it seems just appeared and started hanging over the fence while the man who owns the dog was walking back up with his watering can - the incident had happened before the chap could call to the lad or his dog. :-(

He is heartbroken.

Karen

Oh heck thats a shame, i 'thought' if it happened on private property then the police can't prosecute?

I really don't know i hope for your neighbours son and the neighbour with the dog gets sorted asap it must be very distressing for both parties.

Isn't there a 'one warning allowed' rule?

There is afaik, no such rule.

However given the child was annoying teh dog over the fence, i think the parents of said child would be extremely unreasonable to take any action!

Em

Me too, i do hope common sense prevails. Our dogs should be safe in our own homes, surely.

Lindsay
x

Behave :D when did our laws ever show common sense :(

True... :P

Unfortantly this doesn't look to be going on the side of the dog, the dog drew blood and therefore will be deemed as dangerous in the eyes of the law :(  The situation will unlikly be taken into account :(  Poor dog, stupid boy, unreasonble parents   I dislike this world!

As others have said there is no such law.  If someone breaks into your house and one of your dogs bites them the dog will get done and you could get sued!

The British Law System is so stupid in many respects!

The law under the Dangerous Dogs Act (1991)
Section three - all breeds

>It is an offence for a dangerously out of control dog to be in a public place. We can take action before a dog has bitten anybody. If the dog acts in a way in which someone thinks they will be attacked, the offence has been committed. You could be fined up to £5,000 or face six months in prison.

Magistrates may also order that your dog is destroyed.<

Dogs Act 1871

>Under this Act a magistrate's court may, upon the complaint of any person that a dog is dangerous and not kept under proper control, order the owner to keep the dog under proper control or may order the dog to be destroyed if the evidence proves that it is, in fact, dangerous<

However if the child was on the property of the owner without permission this is trespass( which can be tresated as a criminal offence)by the child

Bear in mind that there was a president set when a St Bernard attacked a police officer on the owners land(the police officer was on the way to the owners front door)& the case was thrown out. This incident would not be covered by the DDA as the dog was not in a public place so it falls under the 1871 Act & for this the CPS must prove that the dog is dangerous, unlike the DDA which owners can be prosecuted if someone states that they were fightened :rolleyes: by the dog(this was used to sieze the blind, deaf toothless peke that resulted in her elderly owner dying from the shock & the dog being destroyed because the owner was dead)

Actually if someone breaks into your house and your dog bites them THEY are breaking the law by tresspassing.

Tresspass is not a criminal offence, a person can only be prosecuted if they cause damage to your property.

Absolutely not the dogs fault. Little kids should not be touching strange dogs , it was his own fault and his parents for not informing him, in other words HES DUMB!. I assume its only a rule if the dog is not under the owners control and lashes out randomly.

I really hate little kids that come running up to me waving there arms around yelling "DOGGY DOGGY" , i wouldn't give a damn if my dogs bit them (they wouldn't) because they should learn some manners. ESPECIALLY when they try to pet them and my dogs try to lick , they move there arms around yelling stop stop (assuming they are biting). Dumb kids!

That may be so Sharon but it is not automatically the case that you can be prosecuted for having a dangerous dog if it bit a burglar for example. If somebody comes onto your property uninvited and then gets bitten by your dog the police cannot do anything about it. If you choose to have the dog PTS that is up to you but they cannot force you. The parents in this case need a good kick up the backside There are unfortunately still some people in this world that think a dog should put up with anything regardless of what it is when in fact they have a limit to their tolerance just as people do and with every one it is different.

If a dog attacks a burglar it can be PTS although extremely unlikely as the burglar was inciting the dog to bite by his actions. (breaking &entering.) The law does draw a line at setting your dog on someone as this constitutes assault with a dog. The dog can also be classed as a weapon in this type scenario.
The boy should not have had his hand over the fence to touch the dog and the parents should have taught him not to touch dogs. However as the owner probably knows his dog is liable to bite then it could be argued that the dog was not restrained properly as it could reach members of the public.

Its a complete minefield.

http://www.askthe.police.uk/Content/Q524.htm

This young boy did not come onto the property. He leant over the fence, and the dog is not unknown to the boy, as he lives next door. It does depend on whether the hospital reports the incident, which is what they are supposed to do in dog bite incidents. Then it is up to the parents and the law to decide what to do next. If it goes to court, then it is up to the judge or magistrate to decide what to do. Hopefuly the law will be lenient and the owner of the dog will keep a better eye on the dog and the parents a better eye on the boy.

my youngest son got bit by a german shepherd about 2 years ago.
we were walking back from the dentist and the owner had the dog on a full lead and the dog just jumped and bit him,my son had a coat and fleece on and the dog managed to bit straight through them,i took him to hospital where he needed stiches,the hospital asked us to report it to the police as well as them doing it,
we had a visit from our local beat bobby and they asked us what we wanted doing about the dog,we said we didn't want it destroyed,but the owner educated on the danger of owning a dog that will bite and maybe if the dog could be muzzled in public.
the owner couldn't apologise enough but that didn't change the fact that my son was bit completly unprovoked,and has been left with a physical scar,and is very wary of strange dogs,a good thing i suppose.
apparently the police could have prosicuted the owner under the dda by having a dog dangerously out of control in a public place.

Trespass has been a criminal offence since the Criminal Justice and Public Order Act 1994 was amended

wrong again. only in england and wales

are you confusing that with the right to roam act? you can still be guilty of trespass in certain circumstances in scotland :-)

You just can't win can you.  If you put a sign on your fence saying beware of the dog, in order to stop such an event occuring, you are deemed to have a dangerous dog by doing so.  This is madness and needs addressing.  Even though my dogs are big soffties I never allow small children to pet them  because they are liable to snatch their hands away and dogs having enjoyed the attention may jump to get more. 

I thought having a sign would be okay as its a warning. I have a sign on my front door with a picture of a fully grown rottie saying 'I live here', would that be deemed as having a dangerous dog as I am only warning them that I have a rottie I am not saying he is a guard dog or dangerouse dog, just what breed I have and enter at their own risk. The law is daft, but I thought they changed it so that you could use reasonable force to protect your home and if that involves having a dog, so be it.

my friend had a gsd and was told by the police that if you put warning dog ...etc or beware of the dog... then u are admitting you have a dangerous dog.
the police man advised that a sign with doggys pic on it saying "hello i live here too" was perfectly acceptable as it let people know that dogs are on the premises without implying that they are dangerous. :-)

ooo i just had a thought, i had a sign which read " s*d the dog beware of the kids"
was i admiting to having dangerous children :D

Our front door mat says "Beware of the WIFE" - am I dangerous? :P

LOL. What could they do about dagerous kids :)

I thought about putting one of those dog flaps in the new house, but then I had the image of Ferris Buellers day off. Do you remember when the teacher crawled throught the door flap to be met by a foaming mouthed dog, well that would be breeze in a couple of years if a burglar attempted to come in that way. At the moment she would just bounce over to them and lick them but when her natural guarding instincts come out, heaven help anyone that breaks in to our house. At least my doggie pic sign is legal.

Well I have "caution do not enter dogs running free" on every gate & wall & fence & my dogs have no access to the front garden/drive, anyone entering(they would have to climb over the six foot gates/walls/fence)would be commiting criminal trespass as one person found out to his cost(no the dogs didn't eat him ;) )

I have got a sign saying beware of the dog and I have a Yorkie ha ha ha Its been on the gate since we had our staffy.  Saying that the Yorkie is more dangerous than the staffy.

You know I can help .........

Teri ;)