How your dog could get you in trouble with the law

We are famously a country of dog lovers, with around 12.5 million pooches in the UK in 2021.

2nd March 2022

The recent story of a postman seeking compensation after he claimed a dog bit part of his finger off has raised questions about owners’ responsibilities over damage caused by their pets. 

Can man’s best friend get you in trouble with the law and what are the legal rights of pet owners and those who are fed up with other people’s nuisance pets? Nicole Rogers, solicitor from DAS Law, tells you what you need to know.

If my dog bites someone or another dog, can I be sued or be forced to put my dog to sleep?

Dog owners have a duty of care to ensure that their animal is kept under control.  If it can be argued that as a result of a dog being out of control it has caused an injury to a person or another dog, the owner can face action as a result of the injury to the person or damage to the dog.

If a dog is known to bite others or act in a particular way when startled, the owner has a duty to ensure that these acts are avoided. A dog can even be deemed to be out of control whilst it remains on the lead. As well as civil action, if the matter is referred to the Magistrates Court and they determine that the dog was dangerously out of control they can make a destruction order for the dog to be put down. 

Is it a legal requirement for a dog to wear a collar on walks?

In short, the answer is ‘yes’. The Control of Dogs Order 1992, states that, (subject to very limited exceptions) any dog in a public place must wear a collar with a tag with the name and address of the owner engraved or written on it.

Under the Road Traffic Act 1988, it is considered a criminal offence for a dog to be on a public road without being on a lead. You can be fined for such an offence.

Certain dogs are exempt from having to wear a collar with a tag; these include registered Guide Dogs, emergency rescue dogs and dogs that are part of the Armed Forces, HM Customs and Excise or the Police.

Whilst there are legal requirements which you must comply with, it is also advisable to check with the Local Authority as it is possible for a council to impose additional requirements.

Can I be prosecuted if I don’t clear up after my dog during walks?

If you fail to clean up after your dog you can be given an on-the-spot fine. The amount varies from council to council. It’s often between £50 to £80. Many local authorities also have their own rules around dog fouling and can insist that dog owners carry poop scoops or doggie bags to evidence that they are able to clean up in the event of their dog fouling.  Fines can be issued for merely failing to carry a poop scoop or doggie bags.

If you refuse to pay the fine, you can be taken to court and fined up to £1,000.  Fines, however, do not apply to those who are registered blind and have an assistance dog.

I can’t enjoy my garden because of a neighbour’s dog, is there anything I can do?

It may be possible to argue that a neighbour’s dog may amount to a nuisance if it is producing excessive noise, or if your neighbour fails to properly clean up after their dog creating noxious smells or attracting an excessive amount of flies. However, whilst all this may be an annoyance, it needs to be regarded as an unlawful interference with your ability to enjoy your property for it to be deemed a nuisance.

Is it illegal to use sprays or deterrents to keep other people pets out of my garden?

There is a risk to any person who uses sprays or deterrents to keep animals out of their garden. If the spray or deterrent causes harm or unnecessary suffering to an animal there is a risk of being held liable for a criminal offence against animal welfare for which you may be prosecuted.

It is advisable to give serious consideration to the use of any potential spray or deterrent and to ensure they are being sold legally and that they won’t cause any harm or suffering to an animal.

About DAS Householdlaw

DAS Householdlaw can help policyholders create a range of documents such as ready-to-sign contracts (with built in e-signature functionality), agreements, policies and letters.

Customers can also access guidance on a wide range of legal matters such wills and probate, consumer rights, property lettings, divorce, contesting parking tickets, holiday and flight compensation, neighbour disputes and identity theft & fraud.

How to register

  • Visit dashouseholdlaw.co.uk
  • Enter the voucher code found in your policy documentation into the ‘First time using DAS Householdlaw?’ box and click ‘Validate Voucher.
  • Fill out your name, email address and create a password, and then validate the confirmation email sent out.

Disclaimer: This information is for general guidance regarding rights and responsibilities and is not formal legal advice as no lawyer-client relationship has been created. Note that the information was accurate at the time of publication but laws may have since changed.

What can you do when a flatmate turns into flat hate?

How to deal with housemate drama? Nicole Rogers, legal adviser at DAS Law, tells prospective flatmates what they need to know.

September 2019 Learn more
What you need to know to buy a puppy responsibly

Larna Mason, legal adviser at DAS Law, gives us the key facts on the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018.

September 2018 Learn more
When a dog bites another dog

What can you do if your pet is attacked by someone else’s dog, and what can you expect if your dog harms another?

April 2018 Learn more
Offences and punishments under the Animal Welfare Act

The Animal Welfare Act 2006 is a piece of legislation which aims to ensure that animals are not mistreated by humans, whether through improper care or sheer cruelty.

April 2018 Learn more

Read more from the DAS Law blog

General advice , Protecting your business 5 things you need to know about missing the self-assessment tax return deadline

With 31 January deadline fast approaching, time is ticking for the UK’s 5.4m tax payers to submit their Self-Assessment tax returns.

January 2024
General advice , Motorcycling What to do if the council won’t fix the potholes on your road

Corey Evans, Associate at DAS Law clarifies the legal position around damage caused by potholes and the possible repercussions for those who seek to resolve them themselves.

January 2024
General advice , Employment disputes Be on your best behaviour at your work Christmas party

Charlotte Ellis. Legal Adviser at DAS Law, looks at the rules surrounding the office Christmas party.

December 2023
General advice , Property disputes How far you can legally go to stop someone from playing a trick on you this Halloween

Halloween is generally a ‘spooktacular’ time for all but a few bad apples can spoil the fun. So what can you do if someone chooses to play a trick and damages your property?

October 2023
General advice Facial recognition cameras – what your rights are

Where does the law stand on the use of facial recognition software? Elisa Ribeiro, legal adviser at DAS Law, tells you what you need to know.

May 2023
General advice , Motorcycling Motoring offences: drivers need to keep up to speed on the rules of the road

Breaking any speed limit (including temporary speed limits) is an offence, and it is the driver’s responsibility to be aware of the law.

April 2023
Road traffic accidents , General advice Highway Code updates for autonomous vehicles

As the emphasis on electric vehicles (EVs) increases and the technology behind automated vehicles evolves, the Highway Code has been updated to include key guidance on the new types of vehicles on our roads.

September 2022
General advice Let’s get this royal street party started!

Many people across the UK will be celebrating the Queen's Jubilee with a fun-filled street party, but what do you need to consider in preparation for the big day?

May 2022
General advice , Property disputes Everybody needs good neighbours. But what can be done if someone refuses to be neighbourly?

What happens when a neighbour’s plant is growing across onto your property? And what can be done if a neighbour’s tree is blocking the light into your garden?

May 2021
General advice , Covid-19 NHS Covid-19 Test and Trace App: What happens to our personal data?

Legal adviser Chloe Williams explains how much we know about how the app works and what happens to the personal information we share.

November 2020
General advice , Covid-19 University tuition fees and accommodation costs in a Covid-19 world

Universities have switched to online lectures and some campuses are imposing strict social distancing measures – what rights do students have?

September 2020
Road traffic accidents , General advice What the new rules have to say if you are planning to ride your own e-scooter

E-scooters may have become commonplace on our streets over the last few years but technically they are illegal…that is until now, sort of. But what do owners and riders need to know?

July 2020
General advice , Motorcycling What you should know about cycling laws

Where does the law stand on helmets, safety cameras and cycling offences? Chloe Williams, Legal Adviser from DAS Law, has the answers.

June 2020