Forums > General Discussion   Shooting the breeze...

Dog attack laws

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Created by Sham1984 > 9 months ago, 7 Apr 2012
Sham1984
VIC, 415 posts
7 Apr 2012 8:25PM
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Anyonw know much about the local WA laws on this?

We are staying at a dog friendly accom and our staffy attacked the neighbours dog. Now I'm 100% against this. But our dog has never done this before in his 5 years. He plays great with all other dogs.

Now this dog, a small white fluffy wandered into our yard and my dog went over to say hello. All of a sudden the little one growled and my dog attacked it. I got him off pretty quick but not before the owner of the other dog went into histerics (understandably)

I felt sick that it happened but we stopped it pretty quick, and I offered to pay the vet bills (as they wanted to have their dog checked out) and after the vet visit teir dog was fine. (a small puncture mark so they gave it some antibiotics just incase)

Anyway the lady wants all my details, not really sure I wanna give er them.

What's the go here? Could I get in trouble? Should I bail in the middle of the night and not come
Back? ha

Sham1984
VIC, 415 posts
7 Apr 2012 8:27PM
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Also to add, my dog goes to day care once a week for the last 4 years and plays with all sorts of dogs, never had I have a complaint from them. They love him there.

He's also at the beach with other dogs every other night. This is the first time he's shown any aggression! I feel terrible for her but at the same time, my dogs not dangerous and I don't want him to suffer for one mistake

GypsyDrifter
WA, 2371 posts
7 Apr 2012 7:16PM
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Well for starters...your dog...is not in your yard during day care or when he is at the beach..there for he has no territory to protect...
Fluffy dog came onto his territory...your pup did what alot of dogs do..defend there home and people...it's bread into them to protect the pack..
But as far as the law goes I don't know...

busterwa
3777 posts
7 Apr 2012 7:17PM
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Make sure you dog is on a restrained leash If its a dangerous dog you wil require a fluro yellow collar.
Must keep the dog on a leash for legality.
I used to own rottweilers and they seem to have the same streak when it comes to dealing with other dogs.
Both dogs off a leash= irresponsible owners.
Unless there are witnesses and your dog was on a restraint none of the 2 parties (including yourself have a case).will have a win in court
He said /she said no witnesses say her dog attacked first etc blah blah blah.

no parties were restrained and it wasnt a direct attack on a person/bite to child/children i think your clear.

worrier
WA, 726 posts
7 Apr 2012 7:17PM
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"her dog in your yard".
Id say its a no brainer and she has no case against you.
W

lotofwind
NSW, 6451 posts
7 Apr 2012 9:24PM
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Small white fluffy dogs always think they are 10 foot tall.

GypsyDrifter
WA, 2371 posts
7 Apr 2012 7:24PM
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Take a look at the provacation bit...this is WA laws.

Dog attacks
$10,000 fines for dog attacks
A dog attack is a very serious matter. If your dog attacks a person or another animal, you will be held responsible even if you are not there at the time. The only exemption is where the dog was provoked to attack (see provocation section).
A dog attack includes a dog aggressively rushing at or attempting to attack a person or animal, as well as tearing clothing, biting or causing physical injury.
There are penalties of up to $10,000 for a dog attack and/or 12 months' imprisonment for inciting a dog to attack.
Local governments may seek a court order for a dog to be destroyed if it has attacked and caused injury or damage.
The dog's owner is also liable for any injury or damage resulting from a dog attack. A person who has been attacked may take private legal action for any injury or damage.
Provocation
Many people have dogs to help protect their homes. They feel safer when they have a dog and the law recognises their rights in this area.
The Dog Act provides a defence, in certain circumstances, for a dog owner to claim that their dog was provoked to attack.
For example, provocation may apply if your dog attacks someone who is on your property “without lawful excuse”, such as a burglar.
A defence of provocation may be claimed if your dog attacks another animal that enters your property or behaves in a threatening manner towards you.
Provocation may also be a defence if your dog is in a vehicle and it attacks someone intruding into

Scotty88
4214 posts
7 Apr 2012 7:50PM
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I guess dog friendly doesn't mean friendly dog

Sham1984
VIC, 415 posts
7 Apr 2012 10:01PM
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Yea it's a definite he said/she said scenario. Her dog my yard, possibly provoked but no witnesses. The old staffs are dangerous breeds bulls***

I know she wants to take it further which is frustrating since I offered to pay her vet bill thinking it was the right thing to do. Her dog will be fine so that should be the end of it.

She gave me the vet bill and I'm happy to pay it.. But if she is gonna take it further I'm not paying s**t.


Sham1984
VIC, 415 posts
7 Apr 2012 10:05PM
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busterwa said...

Make sure you dog is on a restrained leash If its a dangerous dog you wil require a fluro yellow collar.
Must keep the dog on a leash for legality.
I used to own rottweilers and they seem to have the same streak when it comes to dealing with other dogs.


My dogs have never shown aggression before. I have them off leash most places (parks/beaches ect) they are both trained and will listen to my commands.


In vic, he used to sit on my towel while I surfed and waited for me. Always sweet.

I assumed that the dog wandering over was just sayig hi so let my dog go say hi. Jumped up and got him off straight away when it turned ugly

busterwa
3777 posts
7 Apr 2012 8:14PM
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My dogs have never shown aggression before. I have them off leash most places (parks/beaches etc) they are both trained and will listen to my commands.

Irrelevant if its not restrained on a leash in a public area there is no case no witnesses not worth persuing in a court of law..(there dog wasnt on a leash or restricted)That goes for your dog or the client you are in dispute with.

busterwa
3777 posts
7 Apr 2012 8:24PM
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i seen staffies rip the necks out of bulls and cows.

Sham1984
VIC, 415 posts
7 Apr 2012 10:26PM
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busterwa said...

i seen staffies rip the necks out of bulls and cows.


Charming.

I've seen golden retriever fattaly wound a jack Russell

Any dog can be dangerous.

But yea thanks for your previous post. That's what I thought!

Stitch
WA, 83 posts
7 Apr 2012 9:16PM
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Staffies are great dogs, but don't forget that they were bred specifically for dog fighting. Your staffie may not be a fighter by personality, but it is a breed characteristic trait, so there is always a risk that it may go for other dogs even if it has never done so before.

I don't know too much about the law, but it doesn't seem fair if you get penalized when it was in your yard. If you were out front though, it could be construed as the "public realm" if it is open to the street (i.e. no walls).

Sham1984
VIC, 415 posts
7 Apr 2012 11:43PM
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Stitch said...

Staffies are great dogs, but don't forget that they were bred specifically for dog fighting. Your staffie may not be a fighter by personality, but it is a breed characteristic trait, so there is always a risk that it may go for other dogs even if it has never done so before.



I think this is the saddest part of this event. The realisation that he is a staffy and this could happen. I've spent the last 4 years denying it. Proved wrong in seconds. Definitely changed my outlook on dog ownership

bobajob
QLD, 1535 posts
8 Apr 2012 9:03AM
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Sham1984 said...

Yea it's a definite he said/she said scenario. Her dog my yard, possibly provoked but no witnesses. The old staffs are dangerous breeds bulls***

I know she wants to take it further which is frustrating since I offered to pay her vet bill thinking it was the right thing to do. Her dog will be fine so that should be the end of it.

She gave me the vet bill and I'm happy to pay it.. But if she is gonna take it further I'm not paying s**t.





If you pay is that admitting liability?

gs12
WA, 399 posts
8 Apr 2012 8:06AM
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Dude - based on your account of the story (their dog in your yard & upset owner) and what others have said (possible 10K penalty) I would go & see a lawyer if I were you.
It will set you back couple of hundred $$$ but could save you couple of thousand $$$ and lot of trouble in the long run (IMO).

I probably wouldn't rush into paying the vet bill either (if your story checks out) until consultation with the lawyer.

Disclaimer: I'm not trained in any way to provide legal advice, own two cats ( ) and not offering any views on what I consider responsible dog ownership.

Sham1984
VIC, 415 posts
8 Apr 2012 10:31AM
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bobajob said...

Select to expand quote


If you pay is that admitting liability?


Probably, but if it puts the matter to rest il do it.

Il wait and see if she has calmed down today and make a call

longwinded
WA, 344 posts
8 Apr 2012 9:17AM
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Don't sweat it too much, dogs will be dogs.

Paying the bill is not an admission of liability but an attempt to remedy (a potential) minor disagreement.

If you pay the bill, there wont be a claim to be made in court as you have already paid for all that the other owner could reasonably claim for. Any claim above that amount would be frivolous and I doubt Judge would entertain it.

If you are really worried about it, write a letter stating that her dog was in your yard, that there was a bit of play and that during this play her dog was injured due to it being an inferior breed ((proud staffy owner also) well maybe not the part about inferior breed) and that you are offering to pay the bill without prejudice and that acceptance of the monies prescribed on the bill will be considered as settlement of the matter. If she takes the money, very difficult to come back from.

Not a lawyer, but have seen too many courts of late and they are too busy for crap like this.

BarryDawson
WA, 175 posts
8 Apr 2012 3:03PM
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It was a Staffy that just cost me $850.00 after biting my Great Danes ear at the dog beach aggressively protecting a tennis ball. My Dane ran up to the Staffy at the fall off the ball to play and the Staffy attacked him instantly. My Dane went to retaliate but when he heard me shout to leave him he moved away.

My Dane needed about ten stitches in his ear to fix the tearing and had a eight hour stay at the vets. I was told that if it had been a "dog fight" then the price would have started at $1250.00.

You would not believe me if I told you how many times I've heard 'My dogs never shown any aggression before' only for the dog to attack my Dane when alongside me even on a lead.

Always be on guard with your dog no matter what the breed.

Sham1984
VIC, 415 posts
8 Apr 2012 7:58PM
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longwinded said...



If you are really worried about it, write a letter stating that her dog was in your yard, that there was a bit of play and that during this play her dog was injured due to it being an inferior breed ((proud staffy owner also) well maybe not the part about inferior breed) and that you are offering to pay the bill without prejudice and that acceptance of the monies prescribed on the bill will be considered as settlement of the matter. If she takes the money, very difficult to come back from.


I got the vet bill and paid it along with a letter that she signed.

I called the vet to get a run down since he didn't prescribe anything. He said the dog was fine and the 'puncture' wound was only superficial and didn't actually pierce the skin. So really nothing to it. I guess it sounded worse with the growling than it actually was

Cheers for the input guys!

GRunner
QLD, 238 posts
8 Apr 2012 8:38PM
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Offer to kill her dog yourself if you find it in your years again.

I have a guardian dog and have similar issues with neighbors allowing their dog to pish on my front lawn.

Macroscien
QLD, 6806 posts
8 Apr 2012 10:05PM
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If any other dog enter your property is instantly at fault. That's mean that their owner don't have control and contain dog on this enclosed property.
I have been reported to city council and warn to be fine next time will be outside my property fence or gate.
This is Swiss Shepard but law doesn't recognize actually what size or breed is it.
Outside = fault = fine
I bought electronic collar and have some quiet time since then.
What is obvious at this case that other dog was at fault (because wasn't contained properly and wondered into your property) regardless ( of the fight with your dog ) and owner should be prosecuted.






japie
NSW, 6931 posts
8 Apr 2012 10:31PM
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Dogs fight. This is an undeniable fact. When they come into contact this will occasionally happen. Any dog owner with half a brain should realise this.

The problem is is that some dog owners take it personally when their mutt gets farked up by another dog and then they enter into the realm of the irrational. If a heartfelt apology and an offer to pay for the repair of the animal is not received graciously I suggest going on the attack yourself. This need not be physical. In fact if you are likely to lose a physical contest it really ought to be avoided at all costs because then the tables get turned.

No, verbal is the best path to take. In my experience I have found short and sweet is best. And a raised voice goes a long way.

Like the clown who told me that George ought to be on a leash when his King Charles spaniel lost it, doing his best to break the leash to get at an animal four times his size.

George was free at the time and generally will pay no attention to other dogs as was the case this time.

"Your dog ought to be on a leash" he said.

" I beg your pardon" I said. ( I had my kite up and was somewhat preoccupied but not to the degree that I could not wonder at the logic that required my dog to be on a leash because his dog was out of control).

Your dog" he said, " it ought to be on a leash."

" Fark you" I said.

With feeling. In a raised voice.

lotofwind
NSW, 6451 posts
8 Apr 2012 10:38PM
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japie said...

Dogs fight. This is an undeniable fact. When they come into contact this will occasionally happen. Any dog owner with half a brain should realise this.

The problem is is that some dog owners take it personally when their mutt gets farked up by another dog and then they enter into the realm of the irrational. If a heartfelt apology and an offer to pay for the repair of the animal is not received graciously I suggest going on the attack yourself. This need not be physical. In fact if you are likely to lose a physical contest it really ought to be avoided at all costs because then the tables get turned.

No, verbal is the best path to take. In my experience I have found short and sweet is best. And a raised voice goes a long way.

Like the clown who told me that George ought to be on a leash when his King Charles spaniel lost it, doing his best to break the leash to get at an animal four times his size.

George was free at the time and generally will pay no attention to other dogs as was the case this time.

"Your dog ought to be on a leash" he said.

" I beg your pardon" I said. ( I had my kite up and was somewhat preoccupied but not to the degree that I could not wonder at the logic that required my dog to be on a leash because his dog was out of control).

Your dog" he said, " it ought to be on a leash."

" Fark you" I said.

With feeling. In a raised voice.


Sorry to say,and I disagree with it, but by council rules you are in the wrong, you cant leave your dog on the beach unattended while you go surfing/kiting.
I always have, but,
We had the ranger booking crew for leaving their dogs playing on the beach while the owners where in the water.
and this was on a leash free beach, in 20knots of wind in a rural area with no one else on the beach for miles??????

japie
NSW, 6931 posts
8 Apr 2012 11:11PM
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It is fortunate that I live in Stockton, which, to all intents and purposes, is an island and has that very healthy island mentality that the rules are there to be broken and we can take care of ourselves.

We have no resident coppers and both they and the Ranger have to do a round trip of thirty ks to get here so they leave us alone.

harry potter
VIC, 2777 posts
16 Apr 2012 5:50PM
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longwinded said...

Don't sweat it too much, dogs will be dogs.

Paying the bill is not an admission of liability but an attempt to remedy (a potential) minor disagreement.

If you pay the bill, there wont be a claim to be made in court as you have already paid for all that the other owner could reasonably claim for. Any claim above that amount would be frivolous and I doubt Judge would entertain it.

If you are really worried about it, write a letter stating that her dog was in your yard, that there was a bit of play and that during this play her dog was injured due to it being an inferior breed ((proud staffy owner also) well maybe not the part about inferior breed) and that you are offering to pay the bill without prejudice and that acceptance of the monies prescribed on the bill will be considered as settlement of the matter. If she takes the money, very difficult to come back from.

Not a lawyer, but have seen too many courts of late and they are too busy for crap like this.



I'm pretty sure longwinded is right....... you have paid the vet bill already .. there is nothing left to claim...she would have to show loss of some sort and you have covered that.



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Forums > General Discussion   Shooting the breeze...


"Dog attack laws" started by Sham1984