Dog Bit A Person

[Atanquin]

Gosh it is just one drama after another with the dogs in y life at the momet.

Me and OH was taking zorro for a walk and we walked past OH mums place and rusty the ( GSD x ridgeback) was running up and down the fence line so OH went and got his lead to bring him along to.

Anyway as we walked along some of OH customers where outside doing the gardening so they came over to say hallo, and the man went to pat rusty OH told him not to but he stuck his hand over his head anyway and well rusty bit him. OH was so upset he was so worried lucky it was just a scratch but was apologizing and was offering to pay any medical expense if he needed it seenig, too and told him that's why rusty is always locked out back when he came over.

Anyway OH rang tey man back later to check if he was okay, and to apologize again. And OH mum went around this morning to apolagize yet again and the man was fine about it and said it was his fault as OH told him not to touch him.

So thank dog. I have had enough drama for now to last me the year.

[Salukifan]

I think a muzzle might be a good investment for Rusty. I'd take this as a warning. Yes, you can tell folk until you're blue in the face not to pat your dog but it won't stop some of them.

[Tralee]

Best thing is to have a witness.

Here in NSW the Companion Animlas act allows for certain incidents.

I expect QLD would be similar

16 Offences where dog attacks person or animal

(1) If a dog rushes at, attacks, bites, harasses or chases any person or animal (other than vermin), whether or not any injury is caused to the person or animal:

(a) the owner of the dog, or

(b) if the owner is not present at the time of the offence and another person who is of or above the age of 16 years is in charge of the dog at that time--that other person,

is guilty of an offence. Maximum penalty:

(a) 50 penalty units except in the case of a dangerous or restricted dog, or

(b) 300 penalty units in the case of a dangerous or restricted dog.

(1A) The owner of a dangerous dog or a restricted dog is guilty of an offence if:

(a) the dog attacks or bites any person (whether or not any injury is caused to the person), and

(b) the incident occurs as a result of the owner's failure to comply with any one or more of the requirements of section 51 or 56 (as the case requires) in relation to the dog.

Maximum penalty: 500 penalty units or imprisonment for 2 years, or both. Conviction for an offence under this subsection results in permanent disqualification from owning a dog or from being in charge of a dog in a public place. See section 23.

(2) It is not an offence under this section if the incident occurred:

(a) as a result of the dog being teased, mistreated, attacked or otherwise provoked, or

(b) as a result of the person or animal trespassing on the property on which the dog was being kept, or

© as a result of the dog acting in reasonable defence of a person or property, or

(d) in the course of lawful hunting, or

(e) in the course of the working of stock by the dog or the training of the dog in the working of stock.

(3) This section does not apply to a police dog.

You could argue that the dog was mistreated as the person had been instructed not to approach the dog, since you were aware of the dogs temperament, and the person breeched reasonable expectations.

Best thing is to get the dog a muzzle.

Arguing on the grounds of section (2) is extremely difficult without witnesses

Regards

[persephone]

agree - Rusty needs to be prevented from making a mistake ..a nice basket muzzle for walks ...

[m-sass]

Best thing is to have a witness.

Here in NSW the Companion Animlas act allows for certain incidents.

I expect QLD would be similar

16 Offences where dog attacks person or animal

(1) If a dog rushes at, attacks, bites, harasses or chases any person or animal (other than vermin), whether or not any injury is caused to the person or animal:

(a) the owner of the dog, or

(b) if the owner is not present at the time of the offence and another person who is of or above the age of 16 years is in charge of the dog at that time--that other person,

is guilty of an offence. Maximum penalty:

(a) 50 penalty units except in the case of a dangerous or restricted dog, or

(b) 300 penalty units in the case of a dangerous or restricted dog.

(1A) The owner of a dangerous dog or a restricted dog is guilty of an offence if:

(a) the dog attacks or bites any person (whether or not any injury is caused to the person), and

(b) the incident occurs as a result of the owner's failure to comply with any one or more of the requirements of section 51 or 56 (as the case requires) in relation to the dog.

Maximum penalty: 500 penalty units or imprisonment for 2 years, or both. Conviction for an offence under this subsection results in permanent disqualification from owning a dog or from being in charge of a dog in a public place. See section 23.

(2) It is not an offence under this section if the incident occurred:

(a) as a result of the dog being teased, mistreated, attacked or otherwise provoked, or

(b) as a result of the person or animal trespassing on the property on which the dog was being kept, or

© as a result of the dog acting in reasonable defence of a person or property, or

(d) in the course of lawful hunting, or

(e) in the course of the working of stock by the dog or the training of the dog in the working of stock.

(3) This section does not apply to a police dog.

You could argue that the dog was mistreated as the person had been instructed not to approach the dog, since you were aware of the dogs temperament, and the person breeched reasonable expectations.

Best thing is to get the dog a muzzle.

Arguing on the grounds of section (2) is extremely difficult without witnesses

Regards

If there are no witnesses, what happens if the dog owner denies any knowledge of the incident when it results in one saying the dog bit him and the other says it didn't, where does council take it from there?

Edited April 2, 2012 by m-sass

[Guest Willow]

Gosh it is just one drama after another with the dogs in y life at the momet.

Me and OH was taking zorro for a walk and we walked past OH mums place and rusty the ( GSD x ridgeback) was running up and down the fence line so OH went and got his lead to bring him along to.

Anyway as we walked along some of OH customers where outside doing the gardening so they came over to say hallo, and the man went to pat rusty OH told him not to but he stuck his hand over his head anyway and well rusty bit him. OH was so upset he was so worried lucky it was just a scratch but was apologizing and was offering to pay any medical expense if he needed it seenig, too and told him that's why rusty is always locked out back when he came over.

Anyway OH rang tey man back later to check if he was okay, and to apologize again. And OH mum went around this morning to apolagize yet again and the man was fine about it and said it was his fault as OH told him not to touch him.

So thank dog. I have had enough drama for now to last me the year.

sounds like a man with some common sense (if not enough to leave a dog alone, at least enough to recognise it was a bad move!)

[Atanquin]

Wel I'm just glad there was no big deal made of it, the one time we take rusty further than the end of the street. ( he has really bad hips) Our council Law says if someone is bitten but the dog was properly restrained ( on a lead) then the worst that could happen is rusty is declared a DA.

OH's mum tired a muzzle on him but he wouldn't move he just stood there scared she is just sticking to walking him to the end of the street as everyone knows not to pat him. we don't know how much longer he will last with his hips.