In an ideal world we could all let our dogs off the lead to play happily together but it just doesnt work like that.
Even the friendliest of dogs can get into a fight and thats the risk you have to be willing to take if you allow your dogs to run freely.

I personally dont take that risk and put mine on a lead when I see other dogs aproaching.
That said if Someone saw me put mine on a lead and they still allowed theirs to run up to mine off a lead then they would get more than a mouthfull from me! Should my dog then bite the other dog, well thats their tough luck! Should have had control over it.

I think unless you are reasonably sure of how the other dog will react around yours then you should be cautious. Its common sense!

Of course dogs need to socialise and play so the responsible thing to do surely is to let the dogs meet on a lead (under control) and go from there?!

You wouldnt let your child run up to a strange dog you didnt know.

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Lifes roads are for journeys, not destinations!

.........I can give as good as I get!

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Lifes roads are for journeys, not destinations!

Thats just how i carry on !

Yes your quite right, your dog could have lost its life. From what you say the lady did not say her dog was predatory aggressive, your dog was the predator and the other dog reacted, the ladys dog had no interest in your dog, it did have interest in its own privacy & space.

Dogs don't say hello and even if they did there is no reason why another dog should say hello back if it's not receptive to having another dog interupt what's it's enjoying doing. The fact is your pup made an unwelcome nuisance of himself to one of his own species, the other dog reacted in canine language and in its own individual way.

Owners have two choices, they can ask the other owner if their dog is ok with strange dog running up to it or an owner can impose their dog on another dog and its other owner whether they like it or not, which is what you did, in other words some people think if dogs don't welcome interuptions then it should be compulsory to impose an interuption on the other dog. They are dogs and your dog could have been maimed, killed or badly bitten by another dog which was quite happy doing its own thing, it's never wise to let a dog run up to one strange dog, its more risky if its a pack (two dogs in this case).

So, please accept responsibility for the events, there is nothing in law to say that a dog must accept another dog imposing on it and nothing in your post suggests the other dog was predatory aggressive, which is a different thing entirley.

Hi I put the original post on as to making a claim, which unfortunately I didn't make very clear.

I didn't want to say outright there is no claim to be made, in this situation when your baby is in pain you feel someone should be made to be responsible. The lady owner was honest, I have come across hundreds of people who say Sorry he's never done that before.

Unfortunately it isn't pappycock Darren is right. Both dogs were off the leash neither were under control.

Even a hyperthetical scenario if the aggressive dog was on a leash (under control) the pup wasn't, the legal position is the same, the pup was not under control.

Had the pup been on the leash and the aggressive dog approached, then that should make a difference. However lets be realisic, I doubt a claim would succeed regardless of circumstances, and personally I wouldn't risk being out of pocket on principle.

Sue

I disagree, If the dog is know to be dangerous then the owner will owe a duty (Caparo v Dickman) to keep it on a lead/muzzle it. It is on the basis of this duty that the tort and any claim depend.

Sue, are you saying that the fact that both the dogs are off the lead will constitute a Novus Actus? The aggressive dogs actions are clearly reasonably foreseeable.

Let me know what you think?

If you negligently allow your dog to be the cause of a car accident whilst it is off the leash will you not be liable?

Coming from someone who does not know the difference between "weather" and "whether"… I hope you will forgive me for not taking your advice.

.........How superior you must feel for pointing that out!
Still, small things please small minds.

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Lifes roads are for journeys, not destinations!

With just 33 post ,your so friendly you wanna wind ya neck in buddy! cause your gonna make sooooo many friends with an attitude like yours!

I agree with what you're saying Alan but common sense has to prevail - my dogs dont get off lead if there is anyone within a 10 mile radius (ok thats an exaggeration!!) simply because they are black and tan!! People panic when they see adult Rotts running free - and lets be honest they are an awesome sight. Under the law (DDA) anyone could get prosecuted and ultimately their dogs could be destroyed for running up to someone off lead - the person only has to say that they felt threatened - the dog doesnt have to be acting in an aggressive manner. There are loads of people who like to walk in the countryside but dont like dogs - I wouldnt dream of allowing my dogs to go running up to someone to say hello - maybe that person doesnt want to say hello - and if they have a dog with them then maybe their dog doesnt want to say hello either!!!

So sorry your little Collie was hurt - I hope he heals well and this incident doesnt leave him worried/frightened of other dogs. Three times my young dog was attacked whilst he was on the lead - by a BC, a standard poodle and a staffy - all off lead, and all with little or no recall at all!!!!

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