I had a little problem when walking my dog recently. We were walking an a designated off lead park, when my dog got into a scrap with another dog. The owner of the other dog got bitten as a result.
Essentially we were walking along a path towards each other. Her dog was on a lead, mine what not (again, this is in an off lead area for dogs). Both dogs are small terriers which whilst certainly not dangerous dogs, are known for getting into a scrap with other dogs.
They got aggressive (both dogs about equally so). The other party pulled her dog via the lead into her legs, my dog followed. Before I could get there, she got a single small puncture on the inside of her calf. It obviously wasn't a deliberate bite and certainly not a bad one, but by her reaction you'd think she'd lost a leg.
I honestly can't say which dog actually made the bite, but because mine was off lead she's holding me responsible and has complained to council. I've made a statement to the council and whilst they haven't made any determination, it's been indicated that as her dog was on a lead I'm more at fault. At this point they're gathering evidence in the form of doctors reports.
If it's determined that I've done something legally wrong with the council by-laws, I've got not problems paying fines and taking the penalties. I'm more concerned that she's asking for compensation and trying to go through council to get it for her.
Had she simply approached me I would have been happy to come to an accommodation, but by involving the council I've been further inconvenienced and am thoroughly pissed off. I'm generally of the opinion that if a genuine accident happens, both parties should try to figure it out like adults and only get authorities involved if they can't reach an agreement.
I'll also add that the council demanded a statement from me, but refused to give me a copy of her statement or the complaint.
Does anyone know if the council can award damages to the other party in this type of case, or does that sort of thing need to go through a small claims tribunal or courts?
Essentially we were walking along a path towards each other. Her dog was on a lead, mine what not (again, this is in an off lead area for dogs). Both dogs are small terriers which whilst certainly not dangerous dogs, are known for getting into a scrap with other dogs.
They got aggressive (both dogs about equally so). The other party pulled her dog via the lead into her legs, my dog followed. Before I could get there, she got a single small puncture on the inside of her calf. It obviously wasn't a deliberate bite and certainly not a bad one, but by her reaction you'd think she'd lost a leg.
I honestly can't say which dog actually made the bite, but because mine was off lead she's holding me responsible and has complained to council. I've made a statement to the council and whilst they haven't made any determination, it's been indicated that as her dog was on a lead I'm more at fault. At this point they're gathering evidence in the form of doctors reports.
If it's determined that I've done something legally wrong with the council by-laws, I've got not problems paying fines and taking the penalties. I'm more concerned that she's asking for compensation and trying to go through council to get it for her.
Had she simply approached me I would have been happy to come to an accommodation, but by involving the council I've been further inconvenienced and am thoroughly pissed off. I'm generally of the opinion that if a genuine accident happens, both parties should try to figure it out like adults and only get authorities involved if they can't reach an agreement.
I'll also add that the council demanded a statement from me, but refused to give me a copy of her statement or the complaint.
Does anyone know if the council can award damages to the other party in this type of case, or does that sort of thing need to go through a small claims tribunal or courts?