I know it sounds absolutely crazy, but there are still people who believe the old wives tale that ‘every dog is entitled to one bite’.  So I can dispel this very quickly.  The answer is NO because for the purposes of the criminal law, a dog’s first bite could result in serious criminal consequences for its owner and, if different, the person who was in charge of the dog at the time.

It is a legal myth

For the purposes of dog bite criminal law, under Section 3 of the Dangerous Dogs Act 1991, modern criminal law has moved away from the myth that there is a ‘one bite rule’.  Nowadays, the expectation is that a responsible dog owner will ensure that their dog is sufficiently trained and socialised so that it never injures someone but, if it does, the outcome for the offender and the dog could be very serious.

This part of the Dangerous Dogs Act 1991 applies to any breed of dog.

What happens if my dog has bitten someone

If the incident has been reported to the Police, there is a risk that:-

• Your dog could be seized
• You could be questioned under caution at the Police Station (+ you could potentially be arrested)
• You may be offered Community Resolution or prosecuted
• If convicted it could lead to prison, an unlimited fine and/or compensation
• For the dog, there is a presumption that it shall be destroyed

Also, separate civil proceedings could be brought for additional compensation (where the dog’s previous history could be relevant as to whether there is liability).

Our website www.doglaw.co.uk gives more information on when a dog is regarded as being ‘dangerously out of control’ and the sentencing options available at Court and also explains how we can help if you’ve received a letter claiming compensation.

At Cooper & Co, we have been acting in this kind of case since 1994 and we have a lengthy track record of successfully representing dog owners who need legal help.

Trevor Cooper, Solicitor

How we can help

If you need specialist legal advice in relation to your dog (or cat), please call us at Cooper & Co Solicitors on our landline number of 01227 20 33 20 during normal office hours.  Subject to a conflict check, we can usually offer a fixed fee telephone call for £75 + VAT for up to 20 minutes.

If you’ve received a summons to attend at a Magistrates’ Court under Section 3 of the Dangerous Dogs Act 1991 we usually provide initial phone advice for free.

 

DISCLAIMER

This blog is provided for general information and does not constitute legal advice.  You should always seek tailored advice from a suitably qualified and experienced lawyer.  We do not sell insurance nor do we recommend any particular insurance provider or policy.

Cooper & Co Solicitors, 19 Palace Street, Canterbury, CT1 2DZ.

Tel : 01227 20 33 20
Email : admin@doglaw.co.uk 
Website : www.doglaw.co.uk

Regulated & authorised by the Solicitors Regulation Authority | SRA 258139