They are good dogs but they don’t like to be carried or disturbed too much. Our own children don’t pay them much attention.

We recently had a party for my daughter’s 10th birthday and had a few classmates.

We threw the party in the garden just outside the house, with a bouncy castle, and told them all to stay out of the yard..

We were very clear about this and warned our daughter to make sure they follow all the rules as not all children will be used to farms.

The garden gate to the courtyard was closed, but not locked.

Either my wife or I were in the garden all the time, but somehow the friend escaped us and went into the yard to see the dogs. She went into the shed where we had put them for the duration of the party, and one of them bit her.

She had a good pinch and was very upset. My wife is a nurse and washed the wound, put on cream and bandaged it. She said it was a minor injury that did not require further treatment.

When the mother of the child came to pick her up, my wife explained what had happened and asked when the girl received her last tetanus shot.

The mother was going to be fine but the father called me that evening and told me that he would send me the bill for a hospital visit and that he was considering taking legal action.

I am happy to pay the visit to the hospital to keep the peace between the neighbors, but he defended me with the threat of legal action.

There was no real harm to the girl and she had been warned to stay away from dogs. What is my exposure?

Reply:

The law is clear: the owner of a dog is liable for damages caused during an attack on any person by the dog.

“Strict liability” is imposed on the owner of a dog – this means that the injured person need only prove that, first, they were injured and second, that a particular person’s dog was responsible for that injury to file a claim for compensation for bodily injury and other damage sustained by the bite.

The only exception to this strict liability is when a dog attacks an intruder – a person entering a dog owner’s property without invitation or permission.

An intruder, if he is bitten and injured, must prove that the dog in question had a “mischievous propensity” –the owner, given the dog’s past behavior, might predict that he might bite / attack someone.

You don’t say what breed your dogs are. Are they part of the category of “dangerous dogs” as stated in the dog control regulation?

Ten races – including Rottweiler, German Shepherd (Alsatian) and English Bull Terrier – are subject to additional checks. For example, they should be kept on a leash by someone over 16 who is able to control them, and they should also be securely muzzled when in a public place.

There are a number of issues in your claim that would be factored into any legal action.: that the injured child was repeatedly warned to stay away from dogs; you put the dogs in a shed in the yard far from the children.

It would appear that the child contributed to the injury she suffered by disobeying party rules and leaving the garden, looking for the dogs and essentially, encroaching on their territory.

However, since you had invited the children to your property, it was your responsibility to take every precaution to prevent dogs from coming into contact with children, especially when you were aware of this child’s tendency to seek out dogs.

And if your dogs have a “mischievous propensity” or fall under the definition of dangerous dogs, then your obligation in this regard is even greater.

Homeowners with dogs are strongly advised to take out a home insurance policy that covers compensation in the event that their dog bites someone.

It is important, when taking out the insurance contract, that you act with the greatest good faith in answering the insurer’s questions.

If your dog has a “mischievous tendency,” you will need to let your insurance company know, otherwise they may seek to cancel the policy due to non-disclosure.

Every dog ​​owner must obey the law when it comes to dog control; otherwise, an insurance company might not pay.

You should seek advice from your lawyer before engaging further with the child’s parents.

Deirdre Flynn comes from an agricultural background and practices as a lawyer in Tralee, County Kerry.