It is an awful situation if your dog has been attacked by another dog. Apart from your natural concerns about any injuries your pet may have sustained, you may also be worried about the costs of any veterinary treatment. Sadly, dog attacks towards other dogs are fairly common. So while we all hope for the best, it’s worthwhile knowing the law and what you can do to support your pet.
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Technical liability for a dog attack
If a fight between two dogs occurs, the person who usually becomes liable for the vet’s fees is the owner of the dog which is deemed to be at fault. So it is worth ensuring that your own dog is always under control when you are out and about.
Ideally, your pet should be well socialised and obedient to recall commands from you. If you know your pet does not like other dogs it would be wise to walk them in places or at times when they are less likely to meet other canines. Not only will these measures help you to avoid any liability, but they will also help to prevent an attack from occurring in the first place.
Sometimes there is a limit to what we can control. If your dog has shown signs of aggression, use a leash in areas where you’re likely to encounter dogs. But like many car collisions, proof of liability can be difficult, unless there is clear evidence or one party is willing to accept blame. Equally, just as you insure your car, getting good cover for your pet can ensure you’re able to cover the bill – whatever the situation.
Fighting between dogs, what should you do?
If, despite taking precautions, you are unfortunate enough to find yourself in a situation where your dog is being attacked, it can be extremely distressing. No matter how upset you are, do stay calm and do not try to intervene or attempt to separate the fighting individuals.
Fighting dogs are often in a state where they will bite at anything or anyone who gets in the way. If you get involved in the general melee you may sustain a serious bite injury yourself. Even your own dog could bite you severely in this type of scenario.
When things have calmed down, take time to assess your dog for injuries.
Dog bite injuries range from minor scrapes to life-threatening wounds. Even if your dog seems to be relatively unscathed it is worth contacting your vet and asking them to check your pet for you.
Bite wounds can often look fairly minor, with just a few puncture wounds being visible on the skin. However, a dog’s jaws are incredibly powerful and the shearing forces on the underlying tissues can be quite large. Your vet will be able to check your dog and ensure that any underlying tissue damage or more serious injuries do not go undetected.
If your pet’s skin has been punctured or wounded there is always the chance of an infection setting in later. A dog’s mouth carries a large bacterial load, so veterinary advice and care is always to be recommended after a dog attack.
Once you have checked your own dog, now is the time to take the details of the other dog’s owner.
Ask for their name and contact details. If they have pet insurance for their dog request details of this too. If there is any difficulty in obtaining contact details, you may wish to consider reporting the incident to the police or the local dog warden. Remember, if a dog is “dangerously out of control” this may make it a police matter anyway.
If there are any witnesses not directly involved in the incident, it is worth asking for their contact details too. If they are willing to give a statement about the attack this may help you to recover any veterinary costs if your dog was not at fault. All evidence could be valuable if you need to make any kind of claim for costs later on.
If you have your phone or a camera with you, do consider taking photographs of both animals and any injuries they have sustained as evidence of the incident. Once you have taken all the details and evidence you can obtain, take your pet to your vet to be checked and treated as necessary.
Following a dog attack both owners are often upset. Sometimes the owner of the dog at fault may offer to pay for the veterinary costs in respect of injuries inflicted upon your pet. In this situation, the two parties are often able to reach an amicable agreement. You should take care to request itemised invoices from your vet once treatment has been given so that the other owner has clear evidence of the amount to be paid. If the other party has pet insurance and their policy provides third party liability cover their insurance company may be able to pay for any vet’s fees arising from the incident, provided their dog was the one at fault.
What happens if nobody accepts liability?
In situations where there is doubt or an owner isn’t willing to accept liability, the situation could become a little more awkward. In this type of situation, you may decide to make a claim through your own insurance company or pursue a claim against the other owner through the small claims court.
If you decide to make a claim through your own insurance policy for veterinary fees you should be able to submit your claim in the normal way. Your insurance company will assess your claim and make any payments due, in accordance with their normal procedures and your individual policy with them. They may subsequently decide to pursue a claim against the other owner themselves if they feel that it can be proved they were legally liable.
What legal options are available?
If the other owner is not insured or if there is any dispute which cannot otherwise be resolved, civil law allows you to make a claim through the small claims court. You could claim against the other dog owner for your financial losses, together with any other reasonable expenses associated with the incident.
When making a claim through the small claims court you will have a better chance of success if you have evidence. This might include itemised invoices from your vets, perhaps a copy of the clinical history which your vet could provide, witnesses to the attack who are willing to give evidence and photographs of the injuries sustained by your pet. In these types of claims, it is often not economical to request the help of a solicitor or lawyer; however, the situation may be different if you have been injured yourself during the attack.
Most dog owners can benefit from the peace of mind which having a good pet insurance policy can bring. Vet’s bills do not have to be a cause of stress if the unexpected happens. Do check your policy is the right one for you and that it will provide the cover you need in the event of a dog attack.
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Discussion
My dog was attacked by an XL Bully and a staffy. The other dog owners have admitted and said they take full responsibility. Their insurance will not pay as the XL Bully was unmuzzled and witness have stated the staffy did not cause the injury the Bully did. They have said they are not paying the almost £4000 vet bill. Is it worth going to small claims?
I’m afraid that’s a legal question, not a veterinary one! I would strongly advise taking legal advice on this.
If a friend brings a dog to your home and the friend sees your dog barking when they pull up, is told to get their dog, and doesn’t ask permission to bring the dog to your house, and your dog attacks the friend’s dog. Who is responsible?
I think that’s something you’d need a lawyer for, I’m afraid!
Hi
I was walking my clients dog. I was not insured at that time. The dog run off to say hello to other dogs, bashed into the smaller dog and accidently broke his leg.
Who needs to pay vet bills.
The dog walker or the dog owner which consent to walk her dog off lead and didn’t warn about the dogs behaviour.
Thank you.
I’m not a lawyer, and I can’t be sure, but I wonder if it would be the dog walker, as the person who had control of the dog at that time. However, this sounds like it needs proper legal advice!
So my puppy was bite by a stray would I have to pay the bill
Yes, if your puppy required veterinary treatment.
Hi, we were looking after a friends dog and as it had attacked another dog previously, I asked if I should keep him apart from a visiting dog. I was told “no he will be fine”. However, he badly bit the other dog. The owner has refused to pay the vets bill saying that it’s my fault as I was in charge! Is that true?
I’m not a lawyer I’m afraid, so I can’t give you a definitive answer. However, in general, a dog is held to be the responsibility of the person currently “in charge” of them.
My dog got out and bit another dog. This was days after my dog was attacked. He had been acting different since his attack so when he attacked I made the heart rendering decision to put him to sleep as I have 1 yr old twins and was concerned. I have since paid 300 of the 487 vet bill of the other dog as they don’t want to claim on their insurance. I don’t have dog insurance as I’m currently going through debt programme. I have said I am not in a position to pay any more monies than I have already with paying out for putting my dog to sleep and the 300 paid to them. They have now filed to small claims for the rest of the monies. Should I legally have to pay the balance?
I’m not a lawyer, I’m afraid – but I would imagine that yes, once you signed a contract to pay, you are liable for the full fee. It might be worth having a chat with local animal charities or even the PDSA or Blue Cross to see if they cna help, or agreeing a payment plan with the vets.
Hi,
Our dog has been attacked and badly bitten by another dog. My daughter was walking our dog,he was on the leash and with the muzzle, another dog got out of the house because owners left front door and gate open and he straight away attacked our dog.What is the legal actions against the owners of the dog who attacked our dog.?
The owner of the loose and attacking dog had it “dangerously out of control” and this could be a criminal offence, and certainly I would expect them to have some civil liability. However, I’m not a lawyer, so you will need to speak to one!
Hi I have a question who’s responsible for if the other persons dog got scared and tried to bite my dog so my dog bit it in reaction.
It will depend on the specific laws in your location. Here in the UK, the owner or handler at that time would probably be liable for their own dog’s actions – in this case, I would expect each owner to be liable for the injuries that their dog inflicted on the other, as they had clearly failed to prevent the dogs from acting aggressively.
However, this could be a really complicated case even here, and the law in your locality might be different!
Hi. Quick ask – am I liable for my friends dogs actions when I walk it? Friends dog had cat jump out from beneath a parked car grabbing her dog by the face leading to a fight and the cats come off worse and is very badly hurt. My friends dog is regular visitor who gets on well with my own dog and cat and I’ll often dogsit her dog as I was doing when this happened. This happened on a public road, both dogs were on a short lead. Friends dog and I both got deep scratches and friends vet treated her dog. My dog didn’t play any part in this. Cat’s owner demanding their vets bill is paid in full and its reached nearly 3 thousand pounds in less than 24 hours and still rising as cats staying with the vet for now. My friends dog isn’t insured and friends already paid 460 for cat scratches and bites to be treated. Thank you.
Although you’d need formal legal advice, my immediate thought would be yes you would be liable, as you had charge of the dog at the time when the incident occurred. I’m not a lawyer, though, so please do contact one!
I tried hiring someone to board my dog overnight through a service that offers such. She encouraged me to pay her directly and not use the service. Her dog attacked my dog and he is injured on his face. She didn’t even mention it so I asked her what happened. That’s when she admitted what happened. What should I do?
I’m afraid you would need US-based legal advice for that – I’m a vet, not a lawyer, and I’m UK-based and not an expert on US law!
what happened if my small dog gets into the neighbor’s yard and his dogs attack my dog? We took him to emergency and paid $2500, he died the next morning. Paid another $600 for his ashes.
I’m really sorry to hear that. However, I’m afraid I can’t help with US law – although I think that’s a really difficult question morally, as it was your dog that broke into your neighbour’s property.
I’d love some advice. My dog was attacked by another dog. Both were on leads & the owner of the other dog gave the ok for them to both greet. All was fine until her dog became aggressive. My dog has never been in this situation before & has never shown any agression towards other dogs. She has a reputation as miss gentle at the dog park and dog school, interacts well with rescued dogs too. She whelped when the dog latched onto her face, I think more out of shock. The dog continued to lunge snapping at her so she retaliated. I didn’t hear the other dog whelp once, just aggressive sounds coming from him. She appeared to give him a warning snap & stopped as soon as I called her off. The other dog continued to attack my girl on the legs as I pulled her away as she struggled to get away. This dog was a small breed compared to mine. The owner continued to walk off, pulling her dog along due to it still trying to lunge at my dog that was now standing next to me, leaning into my leg. The following day, I received a txt from this ladies sister informering me, her sisters dog had to have surgery, needing stitches & a drainage tube. I believe she’s expecting me to pay out the money’s. Was confused as her dog showed no sign of such injuries at the time & she continued on with their walk. She never stopped to communicate with me either. It’s a white fluffy dog too, there had been no visible blood nor was it acting severely injured. And a drainage tube indicates an infection? yet he was apparently taken to the vet that very same afternoon it happened. I feel bad but should I be responsible for the aggressor, attacking my dog & apparently came out second best? My girl had a gash on her lip and a few small bite Mark’s on her legs, nothing too deep. Had cleaned them all with peroxide & applied a little antibiotic cream. She is healing well.
I’m afraid I cannot comment on the legalities of the case, especially in a different jurisdiction!
I just hope your dog is doing OK.
My dogs were wrongfully accused of attacking a neighbor’s dog. I had control and they were fine. The other dogs owner dragged her dog on his back down the street to get away from the situation. She showed up at my house with a relative demanding that I pay her dog’s vet bills. She wouldn’t listen to reason so I asked to see the bill for injuries. It was a bill for an office visit with no injuries listed. She was disrespectful, belligerent and just downright nasty. I chose to pay for the office visit to end this encounter. I think I made the correct decision, however, she had me apologize as well. I have a copy of the bill for 69 dollars.