dog was attacked by another dog - how best to seek justice?

[Jock04]

My dog was attacked by another dog at the weekend, and has been left with a deep gouge in her back, and she is clearly sore in other areas.
Mrs Jock took her into the vet this morning & the upshot is the dog has to stay there for most of the day to receive treatment. This will cost us €200 plus Mrs Jock has lost a chunk of her working day, which she won't be paid for. She also has nasty scratches on her hand from trying to get the attacker off our dog.
We spoke to a Guarda after the attack - the 3rd time it has happened to our dog and other dogs have been attacked too. He's visiting the owner today "to tell him to get rid of the dog."
Now, the owner is a well-known local ne'er-do-well who exists on welfare payments & would surely show any court that he can't afford to recompense us. I know he's going to lose 1 of his 3 dogs, but this will soon be replaced by another, going on previous trouble he's been in because of dogs. I still feel that he should be made to pay in some way for continually failing to control a savage dog. I'm also obviously aggrieved at the financial loss we have endured because of this.

I'd appreciate any guidance as to whether it's worth pursuing this in a small claims court. If so, what's likely to be involved?
Or is there any other legal way to both punish the owner & claim recompense?
Thanks in advance...

 

[Caveat]

Re: Dog attacked - how best to seek justice?

Hi Jock

No real experience or knowledge with this, but maybe if you contact the ISPCA? maybe not within their remit, but they might have some experience of your predicament and input/advice on the best way to proceed.

There may even be an animal welfare aspect to this anyway.

 

[rmelly]

Re: Dog attacked - how best to seek justice?

If this is the third time, can you ask the Guard to push for all the dogs to be removed from him and that he be banned from having any animal?

 

[Jock04]

Re: Dog attacked - how best to seek justice?

If this is the third time, can you ask the Guard to push for all the dogs to be removed from him and that he be banned from having any animal?

Good point, and one I've already raised. He had all his dogs taken from him once before due to maltreatment, however I don't know whether he was banned from keeping dogs again. It certainly wasn't too long before he replaced them in any case.
I'd actually have mixed feelings about having his other dogs taken away as they are no bother at all, but if I knew they were going into a home rather than being put down, I could certainly live with that.
I think I'll give the Guard another call to push for all the dogs to be removed. I'm already pretty much resigned to losing out on the financial side of this unpleasant situation.

Thanks for the comments so far, gents.

 

[truthseeker]

Re: Dog attacked - how best to seek justice?

Disgraceful, I suggest that as well as speaking to ISPCA you speak to your local dog warden, this man may not have all dogs licensed and dog warden can seize them if thats the case. Dog warden may also be able to advise you on other issues.
No dog should be allowed out unsupervised.

 

[Satanta]

Re: Dog attacked - how best to seek justice?

I'd actually have mixed feelings about having his other dogs taken away as they are no bother at all

Given the facts outlined by the OP, I understand where you're coming from with this. It's not the dogs fault, it's down to the owner.

However, in the current situation the dogs are a threat. They (one of the current, and previous animals from the limited information provided) already attacked other animals, with the potential for them to attack young children in the future.

Obviously that might never happen, but the way the animals are currently being "cared" for (or not as it appears) does open up the possibility of this happening.

 

[Jock04]

Re: Dog attacked - how best to seek justice?

Good shout, Satanta.
The 2 "OK" dogs are actually offspring of the vicious one. I am a bit concerned about how they'll react when their mother is removed.

The incident actually happened in our garden. Our dog was on it's leash, Mrs Jock & her brother in law were about to take it & her 4 year old nephew to the beach, when they saw the 3 dogs approaching, so turned back to let them pass. However, the attacker came straight into the garden & attacked our dog from behind. The other 2 followed it in, but did not join the attack. Thankfully, the child was quickly removed from the scene, but I shudder at what might have happened, especially given the injuries to my wife.
I just don't see removing this dog - or dogs- as a long-term solution. As stated before, he's already had dogs taken from him, and clearly hasn't learned from the experience.
Getting more angry about this by the minute, I'm really wishing now I had dispensed my own justice. And I know that's wrong.

 

[Complainer]

Re: Dog attacked - how best to seek justice?

Would his house insurance public liability cover the damage caused?

 

[Jock04]

Re: Dog attacked - how best to seek justice?

Would his house insurance public liability cover the damage caused?

He doesn't have a house, he lives in a very run-down mobile home. Chances of him having insurance - nil.
I'm resigned to losing the 200 odd euro on the vet's bill & Mrs Jock's lost wages, and I can live with that. I just feel that I want him to suffer some sort of punishment for continually failing to control his dog.
The Guard phoned Mrs Jock on Tuesday to say he would be visiting the owner that day & would let her know how the matter had been dealt with. Surprise, surprise, last night he was out last night with his 3 dogs as usual. Not a peep from the local Guard.
I'm calling the Dog Warden today because I want that dog off the streets. Maybe I should have called them first, but because Mrs Jock was injured I felt the Guards were the right people to deal with this.
Very disappointed at the lack of action, the Guards here aren't exactly over-run with crimes to solve. Really feeling now that I should have dealt with it myself.

 

[truthseeker]

Re: Dog attacked - how best to seek justice?

The Guards should be treating it as assault if your wife was injured.

Best bet is the dog warden, there has been a lot of hassle re dogs in my area and the guards were always useless but calls to the dog warden had the offending mutts removed.

 

[Marathon Man]

Re: Dog attacked - how best to seek justice?

Would his house insurance public liability cover the damage caused?

Apparently this guy hasn't got a house, and so probably doesn't have house insurance (might have public Liability insurance on his cover for the mobile home - if he has any cover at all)

Nevertheless:

Dangerous Dogs, per control of dogs act; If they are in a public place and are NOT on a lead and/or NOT muzzled and/or NOT under the control of a person aged at least 18, then P.L. cover on house insurance policies does NOT cover.

All other dogs: House insurance P.L. policy will cover it.

 

[csirl]

I was under the impression that if a dog attacks and injures a person, it can be put down at the request of the victim?

 

[Caveat]

I was under the impression that if a dog attacks and injures a person, it can be put down at the request of the victim?

That's what I thought too TBH, but maybe it's one of those 'barstool' theories...

 

[Jock04]

latest news - we got a call from the Guard on Saturday to say he had been busy but was going to see the dog owner that day. He had said in his previous call that the dog would probably be put down.

Well, Monday afternoon now & still no call, and the dog is still at large.
So, over a week after a dog bites a person, a dog with a history of aggessive behaviour, nothing has been done.
Gives you a nice warm feeling inside, eh?

 

[Brendan Burgess]

Have you called the dog warden?

Brendan

 

[Jock04]

Hi Brendan

As said earlier, I had intended calling the dog warden at the weekend.
However, having received another call from the Guard, I felt it best to let them deal with it, rather than cause any confusion or indeed annoyance by bringing in another official body.
If there's no call from the Guard by this evening to say the matter's dealt with, I'll certainly be calling in the Dog Warden first thing tomorrow.

 

[Jock04]

So, having spoke to the Dog Warden, if we put our complaint in writing, the dog will be removed. The fact that a Guard saw Mrs Jock's scratched & bleeding hand did our case a lot of good, I think. The letter is already in the post.

Anyway, another day or two & a dangerous dog will be off the streets. I'm delighted about that, if a little disappointed it took so long. Someone could have been badly hurt in the last 10 days.

 

[truthseeker]

Good work.

In the event of future issues perhaps be best to tell the Gardai up front that you intend calling the Dog Warden without delay or call the Dog Warden first (depending on time of day) - at least that way the dog would be removed faster and the Gardai have no cause for annoyance/confusion.

 

[Jock04]

Good work.

In the event of future issues perhaps be best to tell the Gardai up front that you intend calling the Dog Warden without delay or call the Dog Warden first (depending on time of day) - at least that way the dog would be removed faster and the Gardai have no cause for annoyance/confusion.

Thanks, TS
The Dog Warden wouldn't have been working as it was a Bank Holiday weekend. Although, tbh, I didn't even think of that at the time. My dogs' back was ripped open & Mrs Jock had nasty looking gashes on her hand & was very shocked. I only knew that if I didn't report it to someone, I'd have taken my own justice........and come off the worse in the end.
I'm actually quite pleased with myself that I didn't lose the plot.....probably means I'm getting old or something!

 

[truthseeker]

Thanks, TS
The Dog Warden wouldn't have been working as it was a Bank Holiday weekend. Although, tbh, I didn't even think of that at the time. My dogs' back was ripped open & Mrs Jock had nasty looking gashes on her hand & was very shocked. I only knew that if I didn't report it to someone, I'd have taken my own justice........and come off the worse in the end.
I'm actually quite pleased with myself that I didn't lose the plot.....probably means I'm getting old or something!

Thats something I find annoying about the Dog Warden, there was an unattended Rottweiler outside my home recently at 5.10pm and I phoned the Gardai as there were children playing nearby, no collar, no leash, no muzzle, no owner about etc....it is illegal to have this breed in public without proper restraint and I was told that if I called the Dog Warden at 9am next day he would deal with it?!?!?

No surprise you didnt even think of it with the upset, but at least its being sorted now.

Ah youre not that old Im sure - its maturity not age