# Need some advice regarding my dog biting somebody



## ZiggyB (Oct 16, 2014)

I really need some advice, earlier on this year, while on private land owned by my father (which is completely fenced off and also has a dangerous dog sign on entrance). A man known by our family came on to the land uninvited where I, my boyfriend and my father were. Also, my dog was on a long chain attached to the garage. He started talking to my father and was quite obviously drunk. And then he proceeded to go towards the dog. I told him not to go near the dog (as the dog is scared of him because he has hit the dog with a stick in the past) but he didn’t listen to me and he shouted at the dog, he then raised his hand as if he was going to hit the dog, I shouted for him to leave the dog alone while running towards the dog. By the time I got there, my dog had bitten the man’s arm which he had raised to hit the dog with, as soon as it happened the dog cowered on the floor. Knowing he had done wrong, in my view it was just natural instinct to defend itself against a person that is threatening and tried to attack the dog. The man has now denounced me because of the dog bite. What rights do I have concerning this issue? As the dog was on private land and he had a chain on. There was also a sign on the gate stating the existence of dangerous dogs. I have been given a letter by the police saying that I have to be in court this december. What should I do? Thanks a lot


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## jonmlb748 (Oct 30, 2011)

probably looking for a payout.i think you need to speak to a lawyer.good luck.


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## larryzx (Jul 2, 2014)

If it was as you have explained, I would think the judge will throw it out. However, I believe if it was a dangerous dog within the meaning of the law, then it must have a muzzle at all times, when outside the home. Private land ?? Anyone know for sure ?

The problem is that the complainant has probably given a different description of what happened, so it’s his word against the three of you. 

I personally would not waste my money on a lawyer, but then I have little confidence in them on the whole.



Good luck, Larry


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## Expatliving (Oct 21, 2013)

If that had been me, especially if I was female, which I'm not ... I would have called the Old Bill and suggested he (drunk) was trying to assault me. Sometimes, you really need to think quickly, that type of insurance chaser exists in the UK as well. Obviously, dubious vehicle accidents are the most popular, but if you run a business they (dodgy person) will know almost certainly that you have public liability insurance ... Or household insurance, which includes a level on insurance cover for accidents on your property. 

Now I know why lots of houses/villas in Spain look like Fort Knox!


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## Pesky Wesky (May 10, 2009)

Expatliving said:


> If that had been me, especially if I was female, which I'm not ... I would have called the Old Bill and suggested he (drunk) was trying to assault me.


Seriously?
That's what you would have done?

It wouldn't even have passed through my mind, and even if it had....


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## AllHeart (Nov 22, 2013)

I got bitten really hard on the lip tonight by a kitten. I would like to report her to the Extra Cute Authorities, but I'm having trouble finding such an organisation in Spain. (I'm new in Spain.) I do admit that it could have been my fault. I fell in love with her at first sight. She lives on the ground floor, under my apartment. On my loud days, I hang off the front balcony to smoke, and on my quiet days I hang out the interior window to smoke, and that's when I see her and talk to her. So I was visiting with her human mom tonight. I was holding the kitten, and kissing her over and over again, then paused to talk to her human mom, when the kitten took a quick blow with her sharp kitten teeth to my upper lip and chomped down. I'm pretty sure I heard a kitten laugh afterwards.

So is there any such thing as Extra Cute Authorities in Spain? Or is there some other organisation I can report her to? I want to report this kitten before too many hearts get swept up in my neighbourhood. Her name is Missa.


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## DizzyInSpain (Oct 4, 2014)

Hi, 

I own a German Shepherd and can imagine that this is very stressful for you/SNIP/

Your dog is only required to be tied up if the land is not enclosed. The dog only needs to be muzzled if he is outside the home. As the dog was tied up and on private land and the person acted against the instructions of the owner, you _should_ not be liable. 

However, you should *always* get legal advice on legal matters. In the UK anyone who gives advice which purports to be legal, can be sued if the receipient acts on the advice and it is incorrect, causing harm. And it is expressly illegal to give certain types of advice without qualification eg immigration law. Far too many on this site dress up their view/opinion as fact. When it comes to the law, that is not acceptable.

Here is the updated law in Spain, which varies slightly depending on the region.

boe.es/buscar/doc.php?id=BOE-A-2002-6016

Starting point for you is to contact your insurance company of either your household or 3rd party cover as they sometimes include legal cover, since it is in their interests to fight cases which would result in a pay out from them.

Good luck, hope you get a favourable resolution.


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## xabiaxica (Jun 23, 2009)

DizzyInSpain said:


> Hi,
> 
> I own a German Shepherd and can imagine that this is very stressful for you/SNIP/
> 
> ...


just to be clear - no-one on this site is giving legal advice - it is a forum where people share their experiences & opinions


we will often link to official laws & govt websites - but NO-ONE is purporting to give legal advice


in fact - there is this Legal Notice at the bottom of every page 


> By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


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## larryzx (Jul 2, 2014)

DizzyInSpain said:


> Hi,
> 
> 
> Your dog is only required to be tied up if the land is not enclosed. The dog only needs to be muzzled if he is outside the home. As the dog was tied up and on *private land *and the person acted against the instructions of the owner, you _should_ not be liable.
> ...



In UK the law often includes as a 'public space' to a space which the public have access. An example: a driver does not need insurance if they on private land, unless the public have access to it, in which case they must have insurance.

Do you know what the interpretation is in Spain on the point you make ? i.e. in this case the person bitten had access. 

And 'should not' Is that just your interpretation / gut feeling ?


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## mrypg9 (Apr 26, 2008)

xabiachica said:


> just to be clear - no-one on this site is giving legal advice - it is a forum where people share their experiences & opinions
> 
> 
> we will often link to official laws & govt websites - but NO-ONE is purporting to give legal advice
> ...


As you say, it's very important to be aware of this and act accordingly. I don't know the situation in Spain but it is true that in the UK a person giving poor, misleading and therefore possibly injurious legal advice can be sued. That's why advice bureaux and trades unions have accredited trained advisors and only they can take on casework.

I was accredited when I was working for my trades union but no longer am and therefore do not give advice apart from: 'Consult a reputable lawyer'.


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## AllHeart (Nov 22, 2013)

DizzyInSpain said:


> Hi,
> Your dog is only required to be tied up if the land is not enclosed. The dog only needs to be muzzled if he is outside the home. As the dog was tied up and on private land and the person acted against the instructions of the owner, you _should_ not be liable.
> ....
> Here is the updated law in Spain, which varies slightly depending on the region.
> ...


 The only real 'legal advice' I see in this thread is in this post.


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## AllHeart (Nov 22, 2013)

DizzyInSpain said:


> Your dog is only required to be tied up if the land is not enclosed. The dog only needs to be muzzled if he is outside the home. As the dog was tied up and on private land and the person acted against the instructions of the owner, you _should_ not be liable.
> 
> However, you should *always* get legal advice on legal matters. In the UK anyone who gives advice which purports to be legal, can be sued if the receipient acts on the advice and it is incorrect, causing harm. And it is expressly illegal to give certain types of advice without qualification eg immigration law. Far too many on this site dress up their view/opinion as fact. When it comes to the law, that is not acceptable.
> 
> ...


 Oddly enough, that's the only real 'legal advice' I see in this thread.


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## WestCoastCanadianGirl (Mar 17, 2012)

AllHeart said:


> I got bitten really hard on the lip tonight by a kitten. I would like to report her to the Extra Cute Authorities, but I'm having trouble finding such an organisation in Spain. (I'm new in Spain.) I do admit that it could have been my fault. I fell in love with her at first sight. She lives on the ground floor, under my apartment. On my loud days, I hang off the front balcony to smoke, and on my quiet days I hang out the interior window to smoke, and that's when I see her and talk to her. So I was visiting with her human mom tonight. I was holding the kitten, and kissing her over and over again, then paused to talk to her human mom, when the kitten took a quick blow with her sharp kitten teeth to my upper lip and chomped down. I'm pretty sure I heard a kitten laugh afterwards.
> 
> So is there any such thing as Extra Cute Authorities in Spain? Or is there some other organisation I can report her to? I want to report this kitten before too many hearts get swept up in my neighbourhood. Her name is Missa.


I'd keep an eye on the bite on your lip, Allheart... if it gets red or swollen, I would advise that you go to your nearest ER/A&E to have it looked at. Cat bites can potentially be dangerous to humans... I know this for a fact because I used to work in a hospital in Canada and in the ER department, they had a cat bite treatment kit used to treat people who had been bitten by a cat and subsequently ended up with an infection at the bite site.

I don't mean to be alarmist... the bite you encountered may turn out to be nothing, but if you find yourself in the worst case scenario, then you should get it checked out.


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## AllHeart (Nov 22, 2013)

WestCoastCanadianGirl said:


> I'd keep an eye on the bite on your lip, Allheart... if it gets red or swollen, I would advise that you go to your nearest ER/A&E to have it looked at. Cat bites can potentially be dangerous to humans... I know this for a fact because I used to work in a hospital in Canada and in the ER department, they had a cat bite treatment kit used to treat people who had been bitten by a cat and subsequently ended up with an infection at the bite site.
> 
> I don't mean to be alarmist... the bite you encountered may turn out to be nothing, but if you find yourself in the worst case scenario, then you should get it checked out.


Hi WestCoastCanadianGirl. I love your name! What a treat to see a fellow Canadian here!

That's so sweet of you to be concerned. You're right that cat bites (and scratches) can be quite serious. The bite hurt like heck, since the lips are so sensitive. But I'm okay, as it was only a love bite - she didn't pierce my skin. She's one of the craziest kittens I've ever met! She was up visiting my apartment with her human mom today and got into absolutely _everything_, yet not a single thing was out of place when she left. How can cats manage to do that?! LOL! 

Cool that you worked in Canadian ER departments. I'm a medical transcriptionist (currently disabled, though), and I've worked for a lot of Canadian hospitals throughout Canada. My last stretch was on the west coast for the Fraser Health hospitals. Did you ever work for them? 

I see you're in England. Do you miss Canada?


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## WestCoastCanadianGirl (Mar 17, 2012)

My last two gigs in Vancouver were for Fraser Health... I used to joke that I was the personification of a Fraser Health girl, given that I was born at Burnaby General, lived in the catchment area for two F.H. hospitals and ended up working for FHA.

I've been in London since Canadian Thanksgiving '12 (I married an Englishman). I do miss the Coastal Mountains and the Pacific (nothing compares to them), but I have been able to get back (to Canada) once per year so far. My cousin got married in Richmond (BC) last year and I'll be in Toronto over the Christmas/New Year holiday, as my husband (a newly minted Vancouver Canucks/hockey fan) got us tickets for the World Junior hockey tournament.


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## VFR (Dec 23, 2009)

WestCoastCanadianGirl said:


> My last two gigs in Vancouver were for Fraser Health... I used to joke that I was the personification of a Fraser Health girl, given that I was born at Burnaby General, lived in the catchment area for two F.H. hospitals and ended up working for FHA.
> 
> I've been in London since Canadian Thanksgiving '12 (I married an Englishman). I do miss the Coastal Mountains and the Pacific (nothing compares to them), but I have been able to get back (to Canada) once per year so far. My cousin got married in Richmond (BC) last year and I'll be in Toronto over the Christmas/New Year holiday, as my husband (a newly minted Vancouver Canucks/hockey fan) got us tickets for the World Junior hockey tournament.


White cliffs of Dover & the English Channel girl. 

I was watching you fellows take the match in Sochi against the USA and the place was packed with Russians cheering your team on (quite amusing)


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## AllHeart (Nov 22, 2013)

WestCoastCanadianGirl said:


> My last two gigs in Vancouver were for Fraser Health... I used to joke that I was the personification of a Fraser Health girl, given that I was born at Burnaby General, lived in the catchment area for two F.H. hospitals and ended up working for FHA.


 Well, Fraser Health Girl, you must be one heck of a gal! Fraser Health was the best job I ever had in my 30 years of medical transcription. The office staff and dictators were over the top. The last 20 years I did freelancing with many different hospitals in Canada and the States, so I've got a lot to sample from to say that. The agency I worked with for Fraser Health is an agency that I worked with on and off for the past 20 years, and they have finally perfected transcription software. I was over the moon with that job! 



WestCoastCanadianGirl said:


> I've been in London since Canadian Thanksgiving '12 (I married an Englishman). I do miss the Coastal Mountains and the Pacific (nothing compares to them), but I have been able to get back (to Canada) once per year so far. My cousin got married in Richmond (BC) last year and I'll be in Toronto over the Christmas/New Year holiday, as my husband (a newly minted Vancouver Canucks/hockey fan) got us tickets for the World Junior hockey tournament.


 Congratulations on your marriage! My One And Only is still in Canada and I miss him terribly.  He's perfect.

I've never been to BC, but I too am drawn there by the mountains and ocean, as well as the temperate rain forests. In fact, if I didn't make it to Spain, BC was Plan B. 

Again, what a small world, because I lived in Toronto for 11 years, followed by just outside of Toronto for the last 14 years. I kept my Toronto friends and doctors when I moved, so I've spent a lot of time in Toronto - basically half my life, now that I look at the numbers. I never thought of that... Anyway...

A message for your husband: Shame on you for going to Toronto as a Canucks fan!


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