Nope...

That is a matter of legal opinion not of fact… it would ultimately be for the court to decide…

Frankly as the puppy did not have a history of aggression or being attacked it seems likely that its owner would not have acted negligently but this is just a matter of opinion and it can be argued either way... that is the nature of the law...

Even if the owner of the injured dog was negligent (which i doubt) it would likely only result in a reduction in the damages and not the failure of the case…

Since the originator of the thread asked what their legal position was, that is the answer… you will notice that I have always said that legal action would not likely be practical… but that was not the original question.

Paula is right, I am sure we are all agreed that it is such a shame that your dog had to suffer regardless of blame. The psychological affect to your dog can be as bad as the physical.

As I said before, I hope that he is on the mend.

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hahhahaha ferret just got owned! PMSL

I agree it must have been very traumatic for your dog... will you be taking him out for a walk now or is he still confined to barracks?

As far as I can see IF Hutch decided to persue this through the courts it is a classic case of he said/she said - one persons word against anothers. There were no other witnesses to this woman admitting that her dog had shown previous aggression so all she has to do is deny saying it and it becomes a case of tit for tat - both dogs were off lead so neither would be classed as under control.

AMEN

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I absolutely agree that pursuing this case in court would not be the best course of action for a number of reasons including those that you mentioned.
The information regarding the legal situation was only ever tendered on a theoretical basis – it would seem that Hutch6 asked out of curiosity in the first place as I am sure Hutch6 was not planning on taking the errant dog owner to court.

However I am curious about allot of members referring to the dogs being “under control” which as I understand from posts means on a lead. As far as I can see this has no effect on liability for negligence at all and since this is the action a person would peruse to obtain damages in the circumstances I don't see what part it could or would play.

Perhaps a knowledgeable member could clarify where this is comming from?

By the way for those looking for qualified advice perhaps you might like Doglaw

hi

as others have said - putting everything else aside i think we will all be hoping your collie is doing well and that he recovers quickly....

hows the lil un doing today?????

im sure we'd all like to know - despite our many different opinions im sure we'd all agree on the fact that the main thing now is that your dog makes a speedy recovery and doesnt have any lasting problems....

please give us an update....., thanks susie and the gang

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ha ha ha very witty bullbreed and i also must agree with u

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I used to have a rescue dog called Prince who was extremely dog aggressive. Loved cats though, wierd! He did get off the lead but he had perfect recall and as soon as any other dog was spotted he was put on the lead. We only ever had problems with people who could not control their dogs. We got him when he was 10 years old and he had been very abused in the past, poor boy.

[quote=. FERRET.

However I am curious about allot of members referring to the dogs being “under control” which as I understand from posts means on a lead. As far as I can see this has no effect on liability for negligence at all and since this is the action a person would peruse to obtain damages in the circumstances I don't see what part it could or would play.

Perhaps a knowledgeable member could clarify where this is comming from?

QUOTE]



Are you for real

Is it fair to say that if a dog is on a lead it cant run upto another dog and cause a fight!? nor can it knock over an old lady or child!
Is it also fact that if a dog is on a lead it cannot run into the road and cause an accident!
It is also fact that if a dog is on a lead it is under reasonable 'control'!

Happy to clarify that for you.

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