Friends dog bit someone

Haze said:
Hi, not really after legal advice, just people's experience. Basically a friend is being sued, as a lady posted mail thru the wrong door and tried to get it back by sticking her hand through the letter box and his dog nipped her finger , any idea where he stands?
Click to expand...
Has he received anything from her solicitor?
 
As usual, peoples "opinion" on this matter (which is worthless) and the actual law (which is the important bit) are two different things.

Dogs biting peoples hands through the letterbox is covered in the Dangerous Dogs Act 2014 - Which now applies to all breeds from a Rottweiler to a chihuahua - and it's not limited to RM workers

Ensure that your dog cannot bite someone’s hand through the letterbox

As any postal worker will tell you, some dogs get a real bee in their bonnets about the mail delivery, and some dogs will even try to snatch the mail or any stray fingers through the letterbox. While postal workers are trained not to put their fingers into a letterbox, the onus is not on the delivery officer to prevent your dog from biting them through the letterbox; this responsibility is on you.

If your dog is apt to try to bite or snatch through the letterbox, install a mesh cage on the back of the door, to keep your dog’s teeth a safe distance from both your mail, and other people’s fingers.
Click to expand...

https://www.pets4homes.co.uk/pet-ad...ct-2014-what-all-dog-owners-need-to-know.html
 
Also comments like "effectively trespass" and "attempted break-in" - none of this would wash in court for even a second.

Courts and judges generally use what is "reasonable" when making judgements, and it's "reasonable" to be expect to be able to post a letter without a dog biting you, and it's reasonable to expect this would not be considered an attempted trespass or break-in
 
Freakbro said:
As usual, peoples "opinion" on this matter (which is worthless) and the actual law (which is the important bit) are two different things.
Click to expand...

And you expect anything different on a public forum? If the OP expected 'the important bit' they wouldn't have posted here. So they after the 'worthless' part. :D

Lopéz said:
and it's "reasonable" to be expect to be able to post a letter without a dog biting you, and it's reasonable to expect this would not be considered an attempted trespass or break-in
Click to expand...

Posting a letter and sticking ones arm through the letter box to retrieve post is something different..
 
SC0TTRS said:
Posting a letter and sticking ones arm through the letter box to retrieve post is something different..
Click to expand...

Irrelevant, she wasn't doing anything illegal, and even if she was it would still be irrelevant, as the owner hasn't taken measures already to stop the dog biting anyone through the letterbox, by putting a cage on the inside of the flap

x-st said:
Can't see any specific reference to this in the DDA
https://www.legislation.gov.uk/ukpga/1991/65/contents
Click to expand...

That's not the updated 2014 one?
 
Lopéz said:
Also comments like "effectively trespass" and "attempted break-in" - none of this would wash in court for even a second.

Courts and judges generally use what is "reasonable" when making judgements, and it's "reasonable" to be expect to be able to post a letter without a dog biting you, and it's reasonable to expect this would not be considered an attempted trespass or break-in
Click to expand...

This is true, but she did post the letter through without getting bit. She only got bit when she had her arm in there trying to steal the mail..... actually once the mail had been posted in your letterbox does it become "yours"? like when you put it in a post box it becomes the queens?
 
MooMoo444 said:
Besides, I couldn't imagine going rummaging in someones letterbox, might be traces of faeces in there :(
Click to expand...

Nearly spat my 10AM orange juice everywhere!

If the dog isn't going to be put down, this is hilarious. So she put some post for someone in the incorrect door, and then she wanted it back? What an idiotic thing to do. Any neighbour would drop your post round anyway when they realised it wasn't for them, surely.
 
Is this what this country has come to? Did the dog even draw blood?

If I were the judge in this case I'd award her £1.50 damages for a pack of plasters and charge her £500 court costs
 
Building Candy said:
This is true, but she did post the letter through without getting bit. She only got bit when she had her arm in there trying to steal the mail..... actually once the mail had been posted in your letterbox does it become "yours"? like when you put it in a post box it becomes the queens?
Click to expand...
No, because it wasn't handled by RM.

She wasn't trying to steal anything, she was trying to retrieve something put there in error. It's a huge difference and any court would laugh "attempted theft" out of the door.
 
MooMoo444 said:
So reaching into someones property is all fine and dandy?
Click to expand...

Did she do anything illegal? Not sure it would even matter if she did as the law would see it you haven't taken steps to protect any member of the public

Another example is your dog out in the garden and it savages the next door neighbours kid because he came round to fetch his ball back without asking first, ok the kid did wrong, but unfortunately you and the dog would still suffer the consequences
 
Going into someones garden and reaching into their presumably locked house (otherwise she could have just knocked) is a bit different.
 
MooMoo444 said:
Going into someones garden and reaching into their presumably locked house (otherwise she could have just knocked) is a bit different.
Click to expand...

Not in the eyes of the law as the DDA removed the necessity to keep your dog under control in just a public place - this now covers within your home as well
 
Freakbro said:
Did she do anything illegal? Not sure it would even matter if she did as the law would see it you haven't taken steps to protect any member of the public

Another example is your dog out in the garden and it savages the next door neighbours kid because he came round to fetch his ball back without asking first, ok the kid did wrong, but unfortunately you and the dog would still suffer the consequences
Click to expand...
And equally - the kid retrieving his ball is not guilty of theft for retrieving his football.
 
I don't think changes to incorporate private property into the Dangerous Dogs Act makes a material difference to someone reaching through your letterbox to retrieve things. It's absolutely trespassing. As long as there is a 'beware dog, sign displayed at the front of the house (and possibly even if there isn't), then there's no issue. A dog is allowed to protect your property.
 
You must log in or register to reply here.
Back
Top Bottom