Legal News

City of York Council has prosecuted the owners of a dangerous dog, which attacked and seriously injured two other dogs.

The mastiff-type dog – named Sally – attacked a black Labrador and a Yorkshire terrier, who nearly died as a result of its injuries.

The first attack was witnessed by two council officers on 25 August 2016 in the area of Kingsway North in York, when they saw a large American bull terrier crossbreed biting the neck and back of a Labrador, which was on a lead held by an older man.

Owner Wayne Martin, 27, who was accompanying co-owner Kelly Coxon, 37, while walking Sally, tried to pull the bull terrier by the scruff of her neck, while Coxon stood by – one of the council officers tried to intervene and was bitten.

The elderly owner of the Labrador was in shock and was driven to a vet with his dog by a witness. The Labrador had severe injuries to the neck and throat, but has made a good recovery.

Coxon and Martin were invited for interview twice, but failed to attend or make contact.

On 1 December 2016, a woman was walking her neighbour’s Yorkshire terrier along Kingsway North, when the same American bull terrier cross – again without a collar or lead – attacked the terrier.

On this occasion, two cyclists stopped to try to help, until Coxon arrived and pulled Sally back to her house without speaking to anyone involved.

A local resident drove the woman and the terrier to a vet, where the dog had surgery to his significant wounds. He stayed with the vet for nearly two weeks and was not expected to survive.

Coxon and Martin were invited in for interview and again failed to attend.

Less than a fortnight later, Sally was found straying and was taken to the RSPCA. As the owner, Coxon was informed – but she claimed she had sold the dog and it was no longer hers.

Sally was never claimed and, because of her aggressive behaviour towards staff and other dogs, was put down.

On Wednesday 24 May at York Magistrates’ Court, Coxon and Martin – both of Kingsway in York – pleaded guilty to two charges under the Dangerous Dogs Act 1991.

The court imposed a nightly curfew from 7pm until 7am every day for four months. Both were ordered to pay £300 compensation for the distress caused to each of the dog owners – £150 from Coxon and £150 from Martin to each owner.

In addition, the court imposed a disqualification order against both, prohibiting them from having custody or ownership or control of any dog for a period of five years – with neither able to apply for the disqualification to be lifted for a minimum period of three years.

After the hearing, director with responsibility for community safety at City of York Council, Martin Farran, said:

“With dog ownership comes responsibility for its welfare and control – owners who take their duties seriously should not be in fear other dogs

“We will prosecute those who fail to control their dogs which then become a danger.”

Attacks by dogs on people should be reported to the police.

Duncan Lewis Personal Injury Solicitors

Duncan Lewis Personal Injury Solicitors can advise those who suffer injury in unprovoked dog attacks on how to make a no win no fee claim for compensation.

Dog bite claims have to be made within three years of injury – children can claim compensation for injuries sustained in dog attacks up to the age of 21.

In some cases it may be possible to claim compensation from the Criminal Injuries Compensation Authority if a criminal conviction is obtained against the dog’s owner.

Duncan Lewis can also advise on claiming compensation for injuries sustained in unprovoked police dog attacks.

For expert legal advice on no win no fee Dog Bite Claims, call Duncan Lewis personal injury solicitors on 0333 772 0409.