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Thread: Who is Responsible?

  1. #1
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    Default Who is Responsible?

    In an off leash dog park, Who is resposible if one dog attacks another and causes Injury?

    I ask because if I take my son to a shopping centre and he smashes a vase off the shelf, I have to pay. If My daughter scratched someones car with her barbie doll I have to pay. All In public places..

    So If my Dog bites another dog in a dog park do I have to pay for the vet bills?
    Last edited by Bulldog_Lover; 06-08-2011 at 09:25 AM. Reason: Spelling..

  2. #2

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    Yes. If your dog instigated and caused the damage you are morally responsible for the other dogs vet bills as well as your own if any.

    However if the other dog started it and yours finished it I'm not sure how that would change things?

  3. #3
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    The reason i ask, I stupidly sat down on the floor at my dog park and this dog came running and jumped on my head ( Playfully) Ruby ran at the dog and they had a bit of a tiff. I noticed Ruby had a bit of a nick on her lip. Like more of a scratch haha

    So It got me thinking, what if it was more serious. Ruby started that fight and in someway came off second best but what if a dog actually was seriosuly hurt or killed at a dog park?

  4. #4
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    that's a very interesting question, I think morally the person whose dog starts it should be responsible, but legally....I don't know.

    hypothetically - what if a chihuaha attacks a rotty and the rotty retaliates?

    chihuaha = dead

    Rotty declared dangerous or PTS plus owner recieves probably 1000's in fines and costs.

    yet, morally it was the chihauha/chihauha owners fault.


    hmmm, very good question

  5. #5
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    Theres an older thread about this that went into some detail if you wanted to check it out

  6. #6

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    Your dog must be under your control at all times even in an off lead park... so if your dog is sitting with you and another dog comes over and starts a fight they are responsible even if your dog fights back... If their dog comes over and doesnt start the fight and yours does it may be different and hard to prove.... if your dog is on lead and the other off, regardless of who starts it the owner of the off lead dog is responsible...

    However having said that, it can be hard to prove... who is responsible...

    Recent case - three dogs off lead... two got into a fight one died... the remain two dogs were confiscated and eventually declared dangerous, even thou the dog that died actually started the fight the only witnesses were the owners... the legal bills last time I heard were around the $16,000 mark...

    I never let my dogs off lead unless they are secure...

  7. #7
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    In NSW

    In a public place a dog may not harrass or attack another dog - whether or not damage is done. Such a dog can be reported, and declared dangerous.

    Dogs in off lead parks are still subject to that law. Dogs in off lead parks are supposed to be under effective control.

    However - there are a bunch of things that went wrong in your story.
    1. you sat on the ground making yourself vulnerable to any dog in the place.
    2. this attracted another dog that came and jumped on you - that dog is breaking the law in several ways but you invited it by sitting down.
    3. your dog arguably came to your defence - given that you were sitting on the ground - your dog is more likely to do this than if you had been standing up. So your dog, it could be argued was legally protecting you by attacking the other dog.

    But when it comes to proving anything, if you don't have video, you could be in trouble when the ranger is faced with evidence of one damaged dog and one undamaged dog, the undamaged dog is usually blamed. And the damaged dog's owner usually has a very rose coloured view of how perfectly behaved their dog is. Ie it would never harrass another dog or person and it was minding its own business when your viscious dog attacked it for no reason at all.

    And that would be why I don't like fenced off lead parks.

  8. #8
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    Quote Originally Posted by Hyacinth View Post
    In NSW

    In a public place a dog may not harrass or attack another dog - whether or not damage is done. Such a dog can be reported, and declared dangerous.

    Dogs in off lead parks are still subject to that law. Dogs in off lead parks are supposed to be under effective control.

    However - there are a bunch of things that went wrong in your story.
    1. you sat on the ground making yourself vulnerable to any dog in the place.
    2. this attracted another dog that came and jumped on you - that dog is breaking the law in several ways but you invited it by sitting down.
    3. your dog arguably came to your defence - given that you were sitting on the ground - your dog is more likely to do this than if you had been standing up. So your dog, it could be argued was legally protecting you by attacking the other dog.

    But when it comes to proving anything, if you don't have video, you could be in trouble when the ranger is faced with evidence of one damaged dog and one undamaged dog, the undamaged dog is usually blamed. And the damaged dog's owner usually has a very rose coloured view of how perfectly behaved their dog is. Ie it would never harrass another dog or person and it was minding its own business when your viscious dog attacked it for no reason at all.

    And that would be why I don't like fenced off lead parks.
    Haha Trust me soon as My ass hit the ground I knew I shouldn't have sat, Unfortunately with the weight my ass carries I Cant get up too quickly LMAO

    I Love dog parks, I think there should be more of them. I love the social aspect for both me and Ruby,. Naturally dogs are pack animals and you really see it come out when they are all running around together and they all herd the new dogs that enter. I See alot of natural behavior coming out that I dont usually see in her! I Love it!! PLus there is not many places I can talk dog, and how perfect my one is hehe

  9. #9
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    I love parks where dogs can be off lead too. I just don't like the fully fenced sort. Ie the one where your dog can't get away from the other dog if it needs to or vice versa and the owners get slack about what their dogs are doing because the dogs can't escape - or so they think.

    I go to two or three different ovals in my area - and walk laps around with my dog and our friends...

  10. #10
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    This is a good question.

    On year we went to the beach for my dads birthday. At the time I had Chevy and Lennox (who are both over the birdge now) whom we took with us. My guys were super well behaved and always stayed at our area of the beach off lead (this was allowed at ths particular beach). Thjey would hang round our blanket and only go off with one of us.

    Anyway, I was sat on the blanket with my sister and my daughter who was one at the time. Chevy was lying behind me jammed against my back and Lennox (staffy/boxer x) was lying kinda behind me but between me and my kid if that makes sense.

    This bull terrier (in case of confusion I am referring to the often white roman nosed dogs - gorgeous) came over and walked right onto our blanket. He was very near to my kid. He then growled....nothing particularly vicious but it wasnt playing either.

    I didnt even get a chance to react because as the growl was still escaping the BT's lips, Lennox was at him. He ripped a big hole in the BTs leg before I could even get off my butt. Anyway, the owner came over and started going crazy about how our dog had mauled his dog . And I almost felt I should be responsible because my dog damaged his, but I think Lennox was just protecting his family from a "threat".

    Anyways, my dad came over and staunched the other guy out and he left LOL

    Lennox always had a thing for BTs though...he was a bit racist. I think this was due to being attacked by one when he was younger and he had his leg ripped open.

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