There is apprehension of injury to a person. The dog in question is a large German Shepherd. In fact there are 2 of them.
How do I go about bringing a claim myself, and what would the approxiamate cost of this be to myself.
On the occasion of the first attack I was within 3 feet of the dog when it pinned my friends dog to the ground. It was baring its teeth and snarling at the other dog as it ran at her.It only backed off a little when it saw me enabling my friends dog to get back into the house.
On the second occasion I was in the house when the attack happened.I ran outside with my friend, her dog managed to escape to us in the doorway followed by my neighbours dog. My friend and myself were no more than 6 feet from the dog when the owner appeared. On the first occasion there was another dog in the garden that I was looking after for the day. On the second occasion there were 2 other dogs in my garden,my own dog and my friends boyfriends dog.I don't know what happened on the previos three occasions as I was not here but the owner of attacking dog freely admitted that she had been in my garden when my own dog was in the garden on three occasions.
I didn't know about the first 3 occasions until sometime after the 4th occasion.
The first attack that I witnessed was in July 2011 and the 2nd attack happened on Tuesday of this week.
I didn't go to the police because on the occasion of the first attack the owners wife promised to have a fence erected on their side of the boundary, also this is a very small community and we have to live next door to each other so I thought we could work it out between ourselves and amicably, that is obviosly not the case as I have said no such fence or any other remedy has appeared in nearly 12 months
My friend was here on both occasions and his wife came into my house on the first occasion to see if the dog was injured.He admitted the first 3 occasions in a pub full of people.
He is not repairing the fence and has no intention of doing so.
Surely it his legal responsibility to ensure his dogs are kept on his property.
I erected my fence to keep my dog in not his dogs out. My dog has never escaped from my garden onto his or anyone elses property.
He told me he was erecting a fence after the first attack. It never materialised
You would be surprised at how few people would report anything concerning this couple and their dogs.One bit his step-daughter and bruised her arm badly last year, nobody reported that.
So basically, I erect another fence at my own cost.
Can you give me a ball park figure of a civil action
In your opinion what is my best course of action, do I attempt to involve the police or wait for another incident which could have more serious consequences.
The local authority have said they will send them a letter explaining that it is their responsibility to ensure that their dogs are secure, I am in no doubt that this will be ignored.
Should my friend report it to the police or local authority as it was her dog that was attacked.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).