Legal advice pls?

[JDC1982]

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Back in October 2018 I had a small birthday party at my house for my just turned 4 year old daughter. Along with a number of other children she played outside in the garden with my 7 year old Springer plus my brother’s 6 month old cocker (both are pets & house dogs)
Later that evening I wasn’t present but it appears my springer got into the house unnoticed. He crawled under the dining table and was followed in by a child.

Unfortunately whatever went on under the table resulted in a snap from my dog and the child with a laceration on her lip.

The dog was immediately removed, child was given first aid and taken to hospital. The wound needed to be cleaned and stitched up. I visited by the dog warden the following day after it had been reported and I was reassured he would not be seizing my dog, having it euthanised et.

To satisfy my own concerns I paid for a Dog Behaviourist to assess my dog given I have two young children, he has never done anything like this before. Dog Behaviourist after assessment has provided me with a report stating the dog has most likely displayed all possible signs prior to the snap and is not believed to be a danger to public safety, and more importantly to my children.

Four months later I receive a court summons to attend court. Having read the child’s mother’s statement, it does not tally up with other witnesses in the room. (She alleges she saw the dog come towards her child whereas other witnesses would say she was seated at a wooden dining table and the dog & child were underneath).

The child is fine, she has a small silver mark on her upper lip, am I wrong to contest her statement??

 

[JoanneF]

You might want to contact a specialist in canine legal issues - Trevor Cooper at Doglaw might be able to help

Cooper & Co |

 

[JoanneF]

Some reading that may be useful -

The Bite Scale

I Think My Dog Might Bite My Kids…And I’m Glad

The second link isn't as shocking as the title would have you think!

 

[Ari_RR]

2 cents from US (legal systems may work very differently across the pond)

Is this a civil case brought up against you by the family of the victim of the bite? Or is this the animal control authority enforcing some kind of action against the dog?

If it’s a claim against you by the family of victim, essentially asking for money, you may be able to settle this out of court. If you have insurance coverage - I would let them know as well, some policies may cover such accidents in case court rules against you.

If it’s animal control enforcement - then I think it’s worse, since I don’t know how one can negotiate with a municipal authority.

In either case, I would engage a legal counsel, and then decide what to contest, and how. IMO, there is nothing to be gained here, so my objective would be to dispose of the matter as quickly as possible, with the minimal financial impact, and of course without any constraints placed on the dog.

Situations like this frustrate me to no end. Accidents happen, kids get scrapes and bruises and cuts all the time, playing or doing sports, why would there be a court hearing when unsupervised child and dog ran into each other under the table...... I have to force myself to shut up, but I sympathize fully, this is very sad and frustrating, hope it comes to a quick and easy closure.

 

[JDC1982]

2 cents from US (legal systems may work very differently across the pond)

Is this a civil case brought up against you by the family of the victim of the bite? Or is this the animal control authority enforcing some kind of action against the dog?

If it’s a claim against you by the family of victim, essentially asking for money, you may be able to settle this out of court. If you have insurance coverage - I would let them know as well, some policies may cover such accidents in case court rules against you.

If it’s animal control enforcement - then I think it’s worse, since I don’t know how one can negotiate with a municipal authority.

In either case, I would engage a legal counsel, and then decide what to contest, and how. IMO, there is nothing to be gained here, so my objective would be to dispose of the matter as quickly as possible, with the minimal financial impact, and of course without any constraints placed on the dog.

Situations like this frustrate me to no end. Accidents happen, kids get scrapes and bruises and cuts all the time, playing or doing sports, why would there be a court hearing when unsupervised child ran into each other under the table...... I have to force myself to shut up, but I sympathize fully, this is very sad and frustrating, hope it comes to a quick and easy closure.

Thank you for your response. This is animal enforcement (dog warden) based on the statement written by my child’s mother.

I really do agree with you, I’ve been hospitalised on numerous occasions due to my love of horses and it’s always been put down to experience. Not that I would wish any child to be bitten by a dog, I just feel the legislation is undeniably harsh in circumstances such as these. There is absolutely no defence it appears, you’d be safer owning a cat

 

[JDC1982]

Some reading that may be useful -

The Bite Scale

I Think My Dog Might Bite My Kids…And I’m Glad

The second link isn't as shocking as the title would have you think!

Thank you, I’ve always been wary with my own children and my dog. Not that he has ever shown aggression prior to this but I understand he’s an animal. Good reading and thanks for this x

 

[Mad Murphy]

Such a shame this has happened.
You cant call the person a liar , because you admit you were not there at the time.
But if you have other witness statements that do not tally with hers let those be your evidence. Dont be angry or defensive be apologetic but firmly state your case with all the evidence that you have done your utmost best to make sure it wont happen again and that experts have said your dog does not pose a risk.
As others have said make sure you get good legal advice and that the represenation you have is both professional and sympathetic.
In many cases guilt drives these things, the mother is angry her child is hurt and she is feeling guilty and angry that she was unable to protect her child. She needs to feel she has done her best and so she hits out.

You cant stop the court case because its being bought by local authority but you can prepare prepare and prepare. Good clear evidence, if you can afford it another expert would be great and a clear non emotional statement is best.

 

[Mad Murphy]

Some reading that may be useful -

The Bite Scale

I Think My Dog Might Bite My Kids…And I’m Glad

The second link isn't as shocking as the title would have you think!

Just a side note on this subject. People thought I was a monster when I told how I had pulled the hair of a neighbours child.

This child (age 6 or 7) and spoilt brat would visit with her mother, the child would call or attract Oscars attention (Border collie) and as he passed she would tug his tail. I told her not to do it, I told her she could get bitten, I told her mother, nothing stopped her. So one day she tugged Oscars tail I reached across the table and tugged (not savegly but firmly) on her pony tail, She screamed blue murder.. I innocently replied 'well you did it to Oscar so I thought you liked it'

The mother still said nothing but that child never laid a finger on my dog again and she did not get bitten so I saved her injury and possibly my dog or another dogs life because the child learned her lesson.
Sadly disciplining children and teaching them to respect animals seems to be out of fashion.

 

[JoanneF]

Thank you, I’ve always been wary with my own children and my dog. Not that he has ever shown aggression prior to this but I understand he’s an animal. Good reading and thanks for this x

You and your family might find the chart below helpful, although it would be better if named the ladder of anxiety rather than aggression.

Dogs give a series of signals that they are unhappy, but unfortunately most people don't recognise them because they can be quite subtle. To begin with there is often wide eyes, lip licking and yawning. There is also muscular tension in the body. Then the ones we sometimes do see - growl, snarl, nip then bite. If the early signals are not seen (or, in the dog's view, ignored) he won't bother with them because us stupid humans pay no attention anyway; so he may go straight to the bite. So it's important never to ignore the early signals. As a friend says, she would rather be told verbally to sod off than be smacked in the face with no warning.

So from your description it sounds like the dog in fact has quite good bite inhibition if he was provoked but still did minimal damage.

 

[Lennor Magill]

Thank you, I’ve always been wary with my own children and my dog. Not that he has ever shown aggression prior to this but I understand he’s an animal. Good reading and thanks for this x

This is so unfortunate after the Dog Warden said not to worry. Accidents do happen . No one really saw what happened under the table. The witnesses statements are important and you shouldget good legal representation from lawyers practising in canine law
Get in touch with Stan Rawlinson behaviourlist . He will be able to give sterling advice. He speaks in cases like this.
Enquiries@dodlistener.co.uk
You can Google him for more information.

 

[John Craig]

Such a shame this has happened.
You cant call the person a liar , because you admit you were not there at the time.
But if you have other witness statements that do not tally with hers let those be your evidence. Dont be angry or defensive be apologetic but firmly state your case with all the evidence that you have done your utmost best to make sure it wont happen again and that experts have said your dog does not pose a risk.
As others have said make sure you get good legal advice and that the represenation you have is both professional and sympathetic.
In many cases guilt drives these things, the mother is angry her child is hurt and she is feeling guilty and angry that she was unable to protect her child. She needs to feel she has done her best and so she hits out.

You cant stop the court case because its being bought by local authority but you can prepare prepare and prepare. Good clear evidence, if you can afford it another expert would be great and a clear non emotional statement is best.

Possibly the best advice you will receive. To my mind, the child's mother appears to be vindictive rather than guilty and if this is so it will not serve her well in court. Neither will her willingness to perjure herself should she choose to do so.

 

[JDC1982]

Thanks again for your responses. Unfortunately I’m in Northern Ireland and am finding it very difficult to get a solicitor to defend me. Cooper Law won’t toych it as the legislation is different that GB. I think I’m just going to have to take the wrap for it. I just don’t want my dog being euthanised. I have learnt from this never to trust a child with my dog. I appreciate nobody witnessed what happened but I’ve had him 8 years, 4 with my own kids and without incident. I really appreciate all the advice and support x

 

[Lennor Magill]

Thanks again for your responses. Unfortunately I’m in Northern Ireland and am finding it very difficult to get a solicitor to defend me. Cooper Law won’t toych it as the legislation is different that GB. I think I’m just going to have to take the wrap for it. I just don’t want my dog being euthanised. I have learnt from this never to trust a child with my dog. I appreciate nobody witnessed what happened but I’ve had him 8 years, 4 with my own kids and without incident. I really appreciate all the advice and support x

I sent you an email address. Please get in touch with him before you admit to sometime you shouldn't because someone wants money from. You should try every avenue. Stan may travel to Ireland to asscess your dog for the case . Hes an expert witness

 

[Lennor Magill]

Just a side note on this subject. People thought I was a monster when I told how I had pulled the hair of a neighbours child.

This child (age 6 or 7) and spoilt brat would visit with her mother, the child would call or attract Oscars attention (Border collie) and as he passed she would tug his tail. I told her not to do it, I told her she could get bitten, I told her mother, nothing stopped her. So one day she tugged Oscars tail I reached across the table and tugged (not savegly but firmly) on her pony tail, She screamed blue murder.. I innocently replied 'well you did it to Oscar so I thought you liked it'

The mother still said nothing but that child never laid a finger on my dog again and she did not get bitten so I saved her injury and possibly my dog or another dogs life because the child learned her lesson.
Sadly disciplining children and teaching them to respect animals seems to be out of fashion.

I have greyhounds. They are rather arresting looking when out, people are always wanting their children to pet them. I stop them and explain that they should always ask first as not all dogs like to be touched by strangers.

 

[Teddy560]

I have greyhounds. They are rather arresting looking when out, people are always wanting their children to pet them. I stop them and explain that they should always ask first as not all dogs like to be touched by strangers.

This!! My Mum has a really fluffy, cute little sheltie and children are always rushing up to her to try and stroke her. My mum always says, seis friendly but you should never stroke a dog without asking their owner first.

 

[JudyN]

I think I’m just going to have to take the wrap for it.

I am absolutely no expert, but don't admit, or give the impression of admitting, that your dog did something you doubt he actually did (i.e. bite when unprovoked). Point out that the fact that the dog and the children were together in that situation was an accident, that the mother's statement doesn't tally with other witnesses', that the dog has been assessed by a behaviourist as being safe, that he has never shown the behaviour the mother described despite living with children for years, but that you are determined to ensure that a similar situation could never arise again. No need to accuse the mother of lying - witnesses in general can be unreliable because our memories aren't perfect.

Then it is simply the word of one person against several others, and that one person is obviously emotionally involved and might even be hoping for financial gain (not that I would say that, but it should really occur to the judge).

Good luck.