Hi! I have a question that you guys may or may not know the answer to. I am currently working with a dog who has a bunch of fear issues and things are getting better. Sometimes we go to places where it is technically allowed for dogs to be off leash so long as they are under control (often they are not really under control though)- we do not go to dog parks but rather regular hiking parks, some of which allow dogs off leash.
This question doesn't just apply to my dog but any others who may end up getting in a fight or biting if they feel threatended (which could be any dog)- if you are in an area where it is legally allowed for dogs to be off leash, and a dog comes up and pesters you and your dog, and you cannot get the other dog away, if your dog bites them, who would be in legal trouble? It just seems ridiculous that such irresponsible owners would get away with something like that but because it would be in an area where it's legal to have dogs off leash (stating that they must be under control, even though the dogs that pester you clearly are not), I am wondering what the legal turn out of that would probably be.
Now, this has not happened to me, and obviously I am doing all I can to keep my dog safe and not over threshhold. I am just asking in the horrible case of if for us or another innocent dog and owner this did unfairly happen. Thanks! Hope this made sense!
Off Leash Dogs Allowed Areas- Fights- Who Is to Blame Legally
Moderators: emmabeth, BoardHost
Re: Off Leash Dogs Allowed Areas- Fights- Who Is to Blame Legally
I think this might be a question for a lawyer. 
It's tricky. I personally wouldn't take my dog to an area with many off-leash dogs if my dog was reactive and might get aggressive. If I couldn't avoid the area, and I felt that danger was imminent and I couldn't my dog away, I would try to film myself saying "Please call your dog away," and showing that the other owner either was unwilling or unable to call their dog away. That way you can prove the other dog was not under control. But overall it's too big a risk IMO to put my dog at, if there are other options.
It's tricky. I personally wouldn't take my dog to an area with many off-leash dogs if my dog was reactive and might get aggressive. If I couldn't avoid the area, and I felt that danger was imminent and I couldn't my dog away, I would try to film myself saying "Please call your dog away," and showing that the other owner either was unwilling or unable to call their dog away. That way you can prove the other dog was not under control. But overall it's too big a risk IMO to put my dog at, if there are other options.Delta, standard poodle, born 6/30/14
Re: Off Leash Dogs Allowed Areas- Fights- Who Is to Blame Legally
I would recommend a GoPro camera, I bring it with me often on walks... I usually wear it on myself, but we also have a special harness so the dog can wear it too. It's fun to review the encounters during the walk after we come back... especially the ones that don't go well on the movie we can see some of the triggers or warning signs that we may miss otherwise.
on the movie we can see some of the triggers or warning signs that we may miss otherwise.
Re: Off Leash Dogs Allowed Areas- Fights- Who Is to Blame Legally
Great Idea, Ari!
Different laws in different countries. In UK, it would be on a case-by-case basis and you'd need a good lawyer even if your dog was on-lead.
OP I would be walking that dog somewhere else. The law and justice are not necessarily the same thing.
Different laws in different countries. In UK, it would be on a case-by-case basis and you'd need a good lawyer even if your dog was on-lead.
OP I would be walking that dog somewhere else. The law and justice are not necessarily the same thing.
A dog is never bad or naughty - it is simply being a dog
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Re: Off Leash Dogs Allowed Areas- Fights- Who Is to Blame Legally
Thank you for your replies, guys! I appreciate them. As it is, I do generally avoid these places except for when I know there will be less people with dogs around (like for example at some times there tend to be many joggers but not so many dog walkers around). However it seems like no matter where you go especially around my area you sometimes run into off leash dogs or even dogs that are on leash- usually on longer retractable leashes that are hard to escape.
The reason I continue to go to places where off leash dogs exist is because they are hard to avoid in my area at least and these places are really helping me work with my dog on overcoming her fear of dogs and people and loud noises, et cetera. And I'm being cautious. It would be great if off leash dogs weren't a risk but I can't travel for an hour every day to places I know there are going to be - probably- no dogs. I guess there is a small risk involved but at present time I think that is worth it. The good thing is all of the dogs I have seen as of yet are, while not under leash or cue control, just over friendly and at least not aggressive although it could be interpreted as a threat by another dog (like mine). I AM avoiding the times when there are more off leash dogs, don't worry.
The reason I continue to go to places where off leash dogs exist is because they are hard to avoid in my area at least and these places are really helping me work with my dog on overcoming her fear of dogs and people and loud noises, et cetera. And I'm being cautious. It would be great if off leash dogs weren't a risk but I can't travel for an hour every day to places I know there are going to be - probably- no dogs. I guess there is a small risk involved but at present time I think that is worth it. The good thing is all of the dogs I have seen as of yet are, while not under leash or cue control, just over friendly and at least not aggressive although it could be interpreted as a threat by another dog (like mine). I AM avoiding the times when there are more off leash dogs, don't worry.