Re: Controlling Dogs... : Thu Mar 28, 2013 2:24 pm
Durham Giant wrote:
I do think that the law should be changed so that owners are responsible for their dogs.
They already are. Animals Act.
Durham Giant wrote:
As i understand the woman who owned the dogs that killed the girl knew they were dangerous ( although not dangerous breeds) as did all the locals but did nothing.
She should be liable for their actions because her negligence was a contributory factor in what happened.
She should be liable for their actions because her negligence was a contributory factor in what happened.
I don't know what circumstances of negligence have been alleged. What's she supposed to have done? I haven't read of any allegation of any "previous" by any of teh dogs yet they don't seem like young dogs so on what basis? (I would agree that having young/youngish kids alone with a pack of bull mastiff/terrier-type dogs seems like exceptionally poor decision making but expect that it happens on a widespread basis on housing estates up and dow the land on a daily basis.
If she has fallen foul of the requirements of the Animals Act then she IS liable. (That is, to pay compensation). But it wouldn't be much, as the life of a young child isn't worth much in civil law.
If you mean she should be prosecuted, I don't know the full facts, it would seem the CPS have decided no offence has been committed. The criminal law on this subject has been a bit of a shambles for a while, though, but the government has seemingly little appetite to improve it.
Durham Giant wrote:
Even H & S law maybe appropriate
No, not at all relevant.
Durham Giant wrote:
Even a financial penalty although it does nothing to help this poor girl and her family would encourage owners to have to accept some reponsiblity for their pets.
I doubt it would make any difference, in the same way as kids TWOCCing and getting killed does absolutely nothing to teach a lesson to even their mates let alone future TWOCcers.
There is no answer to this if you are going to allow people to keep dogs. As others have pointed out there are that many dogs and that many owners that, whilst you can discuss licences, chips, etc. it seems plain to me that there isn't a cat in hell's chance of the resources which would be needed to adequately implement and constantly police and enforce any such scheme being available now or in the foreseeable and there is absolutely no point in schemes if there isn't the money to run them.
Better criminal law is possible, but I don't know that even a better framed criminal law could have avoided this tragedy.