I don't really want to get into a legal debate, I do understand where you are coming from but personally I would say that with both dogs being off the lead both owners should be aware of the likilhood of this type of incident occuring and take appropriate measures to prevent it ie recall or leashed.

I'm not saying it makes things right, In my opinion do think the lady owner should have had the aggressive dog leashed, in this particular case the incident may still well have occurred, who knows; and yes dog owners would be liable for any third party damages.

As you will know negligence has to be proved. It may be that in this case it could be but judging from the first post it didn't read like that to me, as both dogs were off the leash both owners were negligent, which was why I suggested if a claim was to be pursued she takes free legal advice first.

I'm hopping mad that a puppy has been hurt as I am sure many forum members are and incidents like this has happened to most of us at sometime or another.

It happened to me only two weeks ago, there was a hill I couldn't see over, it was throwing it down with rain, what other person would be around - yep a large GSD, Duke was off fortunately they played like puppies and both me and the other owner got drench because they ran through every muddy puddle they could find - that's what you expect when dogs meet but it doesn't always turn out like that.

As I wrote in my first post keep your dog safe and keep yourself safe too.

Sue

NB I will read the case law quoted just for my own personal reference