Dangerous Dog Baxter's Field

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cipollottax
Posts: 21
Joined: 19 Jan 2014 00:00
Location: United Kingdom

Dangerous Dog Baxter's Field

Post by cipollottax »

This is the green space between Kirkdale and Thorpewood Avenue and is popular with local dog walkers.
The last 2 times I went there with my dog I came across different people warning me their dog had been attacked by an out of control brown and white dog (possibly a Staffie). On one occasion it would appear that the dog even turned on it's owner when he tried to pull it off another dog and bit him very badly.

Please beware folks. If I witness it I will report it but I'll be avoiding walking my dog there at all for the foreseeable. Please beware.
Robin Orton
Posts: 3380
Joined: 9 Sep 2008 07:30
Location: London SE26

Re: Dangerous Dog Baxter's Field

Post by Robin Orton »

Thanks for the warning, cipollottax. I too regularly exercise my dog in Baxter Fields, and I shall certainly keep alert.

I'm not sure though who one could report any incident to? My impression is that if a dog only attacks other dogs, rather than humans, there is not much anyone can do, other than remonstrate with the owner. Am I wrong?
cipollottax
Posts: 21
Joined: 19 Jan 2014 00:00
Location: United Kingdom

Re: Dangerous Dog Baxter's Field

Post by cipollottax »

Hmm, good point, I will look into it. I believe the law states that you should have your dog under control which he clearly doesn't. To be continued...!
cipollottax
Posts: 21
Joined: 19 Jan 2014 00:00
Location: United Kingdom

Re: Dangerous Dog Baxter's Field

Post by cipollottax »

From the government website:
"1. Overview
It’s against the law to let a dog be dangerously out of control anywhere, eg:

in a public place
in a private place (eg a neighbour’s house or garden)
in the owner’s home
The law applies to all dogs.

Some types of dogs are banned.

Out of control
Your dog is considered dangerously out of control if it:

injures someone
makes someone worried that it might injure them
A court could also decide that your dog is dangerously out of control if:

it injures someone’s animal
the owner of the animal thinks they could be injured if they tried to stop your dog attacking their animal
A farmer is allowed to kill your dog if it’s worrying their livestock."

The lady I bumped into just after her dog had been attacked was absolutely terrified; no doubt whatsoever that she was worried for her own safety as well as her dog's.
bensonby
Posts: 1656
Joined: 18 Jun 2008 12:28
Location: Kent

Re: Dangerous Dog Baxter's Field

Post by bensonby »

If the dogs aggression is purely directed at another dog or cat then it would be pretty hard to prove it is a "dangerous dog" within the meaning of the Dangerous Dogs Act 1991. It has been previously accepted by the courts that dogs can and do attack other dogs and it can be inherent in their nature.
cipollottax
Posts: 21
Joined: 19 Jan 2014 00:00
Location: United Kingdom

Re: Dangerous Dog Baxter's Field

Post by cipollottax »

I think you're right Bensonby, it would be very hard to get it declared a dangerous dog, but I it may well be possible to prove that the dog is dangerously out of control which is an offence in itself?
http://www.legislation.gov.uk/ukpga/1991/65/section/3
bensonby
Posts: 1656
Joined: 18 Jun 2008 12:28
Location: Kent

Re: Dangerous Dog Baxter's Field

Post by bensonby »

Under s.10 of the same act the meaning of "dangerously out of control" has to include some element that the behaviour is directed at a person. It need not injure the person but a person must reasonably apprehend that the dog is going to cause them harm. So as I said, if the behaviour is purely directed at another animal then there is no offence under the act.

Section 10: http://www.legislation.gov.uk/ukpga/1991/65/section/10
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