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binx44 · May 26, 2009, 12:20 PM

I live in Nova Scotia where there is a leash by-law.. technically by law all dog owners have to have their dogs on leashes if they are off their own property. I take my carolina dog for walks on the dykes by the ocean almost every day and there are always people letting their dogs run loose... While walking our dog yesterday (he is ALWAYS on leash as he is a wild breed natural born small mammal hunter and there's tons of ducks on the dykes, and he's a runner) We had one dog stalk us for over half an hour, rushing up behind our dog and nipping at his feet. We stopped walking him and called the dogs owner over asking for them to leash their dogs (there were two but the younger dog was the one causing problems) she said she couldn't leash them as she can't hold on to them both at the same time. But she told her dog to stay and from then on they stayed by her. Now the last instance that the dog came running up behind us it got too close and scared our dog causing him to spin around and snarl... we calmed him down, and kept going... not 15 minutes later I hear the sound of a bell jingling and the wildest growl I've ever heard. As I spun around I had to grab this completely strange dog to prevent it from ripping into mine. There was almost a full blown dog fight when that happened. Its owner came walking along ever so slowly not even caring that her dog was trying to attack mine. After (I admit I was a little rude but I was really mad by that point) I told her to get her dog under control I noticed that it didn't listen to a word its owner was saying. It wouldn't even come on command. What I was wondering was (since I cannot seem to get a straight answer from law enforcement here... maybe I should have called animal control.) If you are in a place where there is a leash law and your dog is not leashed and it attacks and bites either another dog or that dogs owner (while they are preventing their dog from being hurt) who's fault is it. I have been told that if my dog bit the other dog because it was attacking him that I would be at fault. But wouldn't it be the other owner and dog that would be at fault because it was not leashed nor was it trained well at all. And who's fault would it be if the attacking dog bit me as I was protecting mine

shazamataz · May 26, 2009, 01:32 PM

You would not be at fault at all.
The owner of the dog that was off leash would be.

Here if a dog attacks another persons dog it can legally be ordered to be put to sleep. (if charges are pressed)

I would be calling animal control and getting them to enforce this area!

Sorry for the short answer, I have to jump offline now :)

binx44 · May 26, 2009, 08:38 PM

Thanks shaz :D Its all right I understand

Fr_Chuck · May 26, 2009, 08:47 PM

Well it is not always black and white, while yes they are in violation of the leash law,

If your dog was the agresser, and bit the other dog, even though it was not leashed, it will depend upon case law in your nation.

Here in the US, it coul be a issue that may or may not win, esp I civil court

shazamataz · May 27, 2009, 02:55 AM

Thanks for the info Chuck, I'm very fuzzy on US law.

Yes, if Binx's dog was the aggressor then it would probably be a different story.
But then again, like you said, it's not black and white... because the other dog ran up because it was offleash you could say that was the reason for the attack...

I would lean more towards the dog offleash is at fault no matter what but I could be wrong.