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Ben89

Legal advice on defending your dog

32 posts in this topic

Ben89   

Seeking advice on my current situation.

 

Becoming extremely frustrated with another aggressive dog owner who I happen to walk past everyday morning or afternoon regardless of the time or day or route taken.

Seem as though he is retired and walks his dog all day.

 

He has a huge American staffy 'bigger than my rotty and looks like it's on steroids'.

He walks his dog on a long leash 'no muzzle' and on the right side of the footpath which means when I walk past it lunges directly across my body at my dog. Invading both of our personal spaces.

I can easily control my boy and keep him safe as I have a short leash and keep his head next to my left leg.

 

There is no disciplinary action from this owner. He will just say to his dog 'you can't do that' in a positive reinforcing tone that really implies 'good boy'

 

I'm just over it! I'm tired or resisting the urge to take physical action to defend myself and my best friend.

 

I'm not looking for advice like

'call police or council'

'Take a different route'

'Talk to the owner'

'Get a GoPro and compile evidence'

 

Am I aloud to push this dog back myself or do I have to wait to it makes contact?

 

Surely someone else has been in a similar situation.....

 

 

543784f11fad952211901b35ea9a4a0b.jpg543784f11fad952211901b35ea9a4a0b.jpg

 

 

 

 

Sent from my iPhone using Tapatalk

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Gretel   

Can you avoid him by going to the other side of the road? I certainly wouldn't try to push him back. No idea about the legality but I'd be concerned he'd grab you!

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Ben89   

Why should I change my routine for one other negligent buffoon?

The footpaths around my suburb are winding forest type tracks with trees immediately on either side of the footpath so there is no option to veer off to the side.

Some times I'll get lucky by hearing it try to attack another dog in the distance so I get a chance to turn around and walk in the opposite direction.

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My suggestion is to leave your dog at home, take a couple of treats and confront the dog in a friendly manner, make it sit (using your treat) then make the comment that thats how you train a dog.

 

The other option is a lead hearing aid for the owner, but that tends to be frowned upon in modern society

 

Smokey

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Ben89   

Thanks for the suggestions smokey.

Although I'm in no way looking to help this person or there dog.

I believe that everyone who has a dog that is capable of being aggressive or causing harm intentionally or unintentionally has a responsibilty to either train or at the very least be able to handle there dog.

I have always owned rotties and basic obedience and training is without question. So for me there is nothing more frustrating when I see someone with a big and strong dog that isn't obedient in the slightest.

 

If someone is silly enough to get a huge dog that they can't hang onto, then silly enough to take it out in public without first being trained, then that is just beyond me. 

People that 'silly' cannot be reasoned with.

 

Just looking for a very simple answer to if a situation arises what I am legally able to do or who to contact regarding laws.

 

My intentions are first and for most timo protect my dog and myself.

 

 

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Ben,

The best way to protect yorself and your dog is to make friends with the other dog and it's human.

 

Legally, if it attacks you, fight back and send it home, but dont follow them home and then attack them.

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Whether you want to hear it or not, the correct thing to do is to report the dog/owner to the council for lunging at your dog.  Take a photo or video evidence if you have to, but I'd not be putting my dog in potential danger to do it that way.  Let the council know how often this has happened.   They can't act on something if no one has reported it.

 

Personally, I wouldn't walk in the area if he seems to be around all the time and doesn't seem to care about his dog lunging at yours.  Do you actually talk to the owner when it happens?   Tell him that it's not acceptable behaviour?    Is the dog lunging at yours in an aggressive manner or just being overly playful and the owner has no control?

 

It seems really strange that you won't change your route, or cross the road when this dog is clearly not being controlled by its owner, it makes no sense.   I know it's frustrating, but report the idiot owner and as a last resort, in the meantime carry a big stick and a water squirter and if it lunges at your dog again, give it a good blast with the squirter, and have the stick as back up.   Not sure of the legality but if a dog was continually lunging at my dog, it'd get a foot up it's backside and the owner would get a mouthful as well.

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Dogsfevr   

Why would any sane dog owner want to not walk around the dog & ask about legal advice on defending when you don't want to report to counc??

You have plenty of options to keep your dog safe ,utilize them.If your trying to prove a point to this person then its not going to happen .

If you feel you can explain your concerns in a civilized fashion to this person then do so without your dog .

 

You can't be a bigger person yet not want to do anything,if you feel this dog is a danger to anyone walking there dog then report it .

 

 

 

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karen15   

the only bodies that can give you advice on your situation are the council and a lawyer. If you don't want to contact either and are happy to take suggestions from unknown people on the internet, then the outcome for you and your dog may not be the one you desire.

 

It's your responsibility to keep your dog safe. While you shouldn't have to alter your route, if you care for your dog, why would you deliberately put it in harms way? There's no point being right if your dog gets mauled.

 

ETA I've been in the same situation with aggressive labs (the lunging, dragging its owner, teeth gnashing, trying to kill you aggressive type - 5 in my local area). If we couldn't cross the road, I would get as far as possible off the path up driveways where we could, park my dog, and very bluntly tell them to keep their dog away from us. As my dog was parked, I could keep me between him and the other dog and break its line of sight. Once we'd encountered a dog like that, I'd change routes as I wanted to keep my dog safe and enjoy our walks.

Edited by karen15
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Ben89   

No need for aggression!

 

I should of specified in my initial post.

 

The footpaths are in a winding fashion within a lot of bush/park type areas. 

It's not like I have an opportunity to see the oncoming idiot. 

We will be walking around a corner and then BAM dog lunging at you.

dog before the owner as the dog is on a long leash.

Its so easy to say oh just talk to the owner but when you have a 45kg male entire Rottweiler in one hand and are pulling him back from a 50kg entire male American staffy it's a bloody tense situation. Adrenaline is pumping the last thing on your mind is to stop and have a civilised conversation with some moron who doesn't give two shits about what you have to say and never will.

 

I don't care about reporting it.

I don't have the time nor the energy. I was simply asking whether or not anyone knew whether I am physically aloud to stop the dog for coming at me regardless of making contact.

 

So there is no need for anyone to contribute to this thread unless you are knowledgeable in the field or have had a past experiences.

 

 

 

 

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Maddy   

OP is happy to put his own dog at risk for the principle of it, complains about irresponsible dog owner. Okay then.

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Rebanne   

OP just wants us all to say go ahead and kill the dog. Doesn't have the time or energy to report it but has the time and energy to physically stop it.

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Ben89   

haha stuff you guys! 

Doesn't matter how many times I explain I can't take a different route or I can't avoid the dog. 

I'm still the bad guy yeah?

I'm irresponsible?

My dog is at risk every time he leaves the house so therefore i will leave my dog inside and never let him out of my site, and then and only then I'll be responsible enough to post on your precious forum.

 

I never said I wanted to hurt the dog... get real!

i just wanted to know if I had to push it away with my foot and give it a shuv in the act of defence whether I would get fined for it.

But that's irresponsible aswell so what do I do, follow them home to find his address then report him?

Stap my iPhone to my head 'go pro styles' and film the incidences?

 

Is this a helpful community forum???

if not please delete my post and ban me.

 

 

 

 

 

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I think everyone is giving helpful solutions in this forum - you just dont want to listen to them?

 

In terms of what you are allowed to do - best is to talk to your council and discuss the situation with them.

 

I have walked dogs who were leash aggressive (in the very distant past) and often got approached by off leash dogs (despite only taking them to on leash areas). In that situation my council said that if the dog with me was to attack an off leash dog in a place that was not designated as off leash, then i would not be at fault 

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Purdie   

I had a similar situation years ago with a guy down the street that found it amusing to let his big  dog approach any other dog out walking and have it lunge and bark at the dog at which point he would abuse the other dog owner if the other dog barked back or just stood there laughing.He also led his dog up driveways to annoy resident dogs and allow his dog to defecate there and if you told him off he just laughed and went on his way.

You need to go walking without your dog and speak to him and see if he is reasonable enough to agree to restrain his dog away from you if you encounter each other on walks and you should agree to do the same with your dog.

If he will not cooperate and be responsible then you can either report him to council or take steps to avoid him, perhaps drive to another area and walk your dog.I know you shouldn't have to but it could save a lot of anxiety for you and your dog and let you walk in peace without always watching out for the other dog;mind you when out walking any dog owners need to be watchful of other dogs around and learn to read dog body language .

 

What good would it do to kick or hit the other dog;you could end up charged with assaulting his dog or  get bitten yourself or have your dog in a fight with you in the middle.  It is not the dogs fault it is the owner who has not trained his dog well or taken steps to restrain him.

If the dog was off lead and attacked you or your dog then yes you are allowed to defend yourself but i doubt you could fend off an angry

30 / 40 kilo dog..Unless he is willing to take proper control of his dog then i would avoid him at all cost..

 

 

 

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Purdie   
50 minutes ago, Ben89 said:

haha stuff you guys! 

Doesn't matter how many times I explain I can't take a different route or I can't avoid the dog. 

I'm still the bad guy yeah?

I'm irresponsible?

My dog is at risk every time he leaves the house so therefore i will leave my dog inside and never let him out of my site, and then and only then I'll be responsible enough to post on your precious forum.

 

I never said I wanted to hurt the dog... get real!

i just wanted to know if I had to push it away with my foot and give it a shuv in the act of defence whether I would get fined for it.

But that's irresponsible aswell so what do I do, follow them home to find his address then report him?

Stap my iPhone to my head 'go pro styles' and film the incidences?

 

Is this a helpful community forum???

if not please delete my post and ban me.

If you push or hit the dog away yes you could get fined if the guy wants to go down that track.

It is your word against his if there is a confrontation and a whole lot of angst to go through as a result.

why not try something that is sadly lacking these days and communicate with the guy about his dog and you never know it could all be resolved.

Also try not to be so defensive and take note when people are giving you sound advise.

also i believe spell check is a very helpful tool.Cheers and i hope it gets resolved for you and your dog.

 

 

 

 

 

 

 

 

 

 

 

 

 

50 minutes ago, Ben89 said:

 

 

 

 

 

 

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If you want to shove the dog with your foot, speak to the council, they will know the bylaws.   No guarantee that the dog won't react badly to being shoved either, it might just be a case of having your foot in the wrong place at the right time, as in re-directed aggression.

 

No need to get stroppy with people trying to help you, sometimes it's easier to avoid the situation if it keeps happening, like a lot of other people (me included) would either report it or quite simply find a different place to walk their dog safely, even if that means driving 5 mins from home and then walking the dog.  Much more enjoyable experience for both you and the dog, even though yes, you shouldn't have to.

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6 hours ago, Ben89 said:

 

 

I'm not looking for advice like

'call police or council'

'Take a different route'

'Talk to the owner'

'Get a GoPro and compile evidence'

 

Am I aloud to push this dog back myself or do I have to wait to it makes contact?

 

Surely someone else has been in a similar situation.....

 

 

543784f11fad952211901b35ea9a4a0b.jpg543784f11fad952211901b35ea9a4a0b.jpg

 

 

 

 

Sent from my iPhone using Tapatalk

 

Sounds like you know the answer. Why be pig headed and put yourself & your dog in in physical or legal danger. Not to mention any other dogs who cross his path. 

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griff   

walk your dog at  a different time to the staffy,   go  for a walk with  out your dog    have  a   talk  to  staffy owner  over your concerns ,

find another safe walking area   ,:walkdog:

 

It is  up to you   to make  the first move  with keeping  your rotty safe  ,because    to  me it sounds   like  all hell /  can  /   will  just might   break loose. !

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