Date: Sun, 25 Mar 2007 11:53

From: Michael Jones

Subject: John Murphy and more on animals

John,

You must be entitled to rely on self-defence / defence of others, even if the owner has not deliberately set the dog on you.

My father tells a tale of how he was once walking along a seaside promenade when a smallish dog (not on lead) started to attack a young child (not his). He ran at it and gave it an almighty kick, knocking it (according to legend) 20 yards or more. Others ran to look to look after the child, and he carried on his way. On principle, I cannot see any court in any jurisdiction in the world giving the dog owner a remedy in damages for injury to the dog in that situation (unless perhaps it was a Corgi at Buckingham palace ...).

Michael

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Michael A. Jones
Professor of Common Law
Liverpool Law School
University of Liverpool
Liverpool
L69 3BX

Phone: (0)151 794 2821
Fax: (0)151 794 2829
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From: John Murphy
Sent: Sun 25/03/2007 10:38
Subject: ODG: John Murphy and more on animals

Dear all:

Reading the stuff on animals reminded me of a question I was pondering some time ago. If Mr X has a nasty dog and the dog attacks me, my child or even a stranger while walking in the park, what right have I to kick/kill the dog without incurring liability to its owner who, for the sake of argument, kept it on a lead? I have right to kill a neighbour's dog if it strays onto my land and attacks my livestock; but what about if a person is the dog's victim? and does it make in any difference if we are in a public place?

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