Dogs attacking dogs Legal?

[Magic 1]

I cannot find a relevant section for this query. I was walking with my 2 very small dogs along a private lane, which is a public right of way, and leads  to a number of fields  The lane has one or two houses on each side.

As I proceeded down the lane two large dogs from one of the houses, and known to me, ran silently up behind me, and attacked my dogs with total surprise.  In this instance it was not serious except that it frightened me.  As this occurred on a private road would the law support me if I complained and can I expect the offending owners to take any action ??  Would I have any redress.

[woofgang]

Not sure, but I think so. You could Google on "dangerous dogs act" for help

[Hgrove]

As far as I know whether the road was private with right or way or otherwise does not matter. What matters is whether the dogs have ever been aggressive in the past.  I think basically, the first time a dog is aggressive you have no redress against the owner (he could not have known the dog had aggressive tendencies) but after the first time the owner has a duty to ensure it does not happen again.  In practice you have not suffered any injury so I suspect all you can do is write a letter to the owner asking he restrains the dogs in future.  (This could have gone in Animals and Nature I think). 

[woofgang]

I have just been and had a look at the dangerous dogs act (1991) on the defra website and by my reading, things have changed. There no longer seems to be any defence that the owner was unaware of what the dog would do, and the emphasis seems to be that the attack or threat (because it clearly says that the dog does not have to have attacked) took place in a public place.

[woofgang]

went back to cut and paste the relevant bit but its too long. Here's the link

http://www.defra.gov.uk/animalh/welfare/domestic/dogs.htm

[Greggo]

Dogs attacking other dogs is illegal only for the owner and not the dog.

The offence is not keeping proper control of a dog.

Usually if a dog is out of control and bites a human more than twice, the police can apply to the courts to have the dog destroyed, however if a dog attacks another dog, cat or domestic rabbit, it connot be destroyed as it is deemed in law to acting "naturally" that is following its natural instincts.

This is not written in the Dangerous Dogs Act but has come about through stated cases. These are past cases where judges have ruled on points of law, after which their findings must be followed by other courts and judges.

[hugnie21]

Report it to your local dog warden or environmental health section at your council. If this happens again to you or someone else, they will then have a record of the dogs' behaviour.

[doghandler]

The dangerous dogs act reads;

If a dog is dangerously out of control in a public place the owner; or (if different) the person for the time being in charge of the dog, is guilty of an offence.

My understanding of the law is that a public place is any place open to the public, so despite it being being a private lane as far as traffic is concerned it would still be deemed as a public place.

[nrmatth]

I'm in the u.s. but from reading this website i believe most laws are very similar.  My dogs were tied out in my yard to go to the bathroom, and my neighbors kids came over and taunted them.  once they got within reach the kids were nipped.  Even though my dogs were leashed on my property I had to pay to have them quarentined, and was told that i could of had to pay for any medical expenses if the mother presseed charges (thank goodness she didn't, since i've spoke to her kids before about staying away from the dogs)  so since those dogs weren't leashed, that should be a case in itself, most places have leash laws, and private drive or not, the law protects your safety from animals like this.