Attacked by dog whilst mistakenly cycling on private country lane

twister_teddy

I was cycling with my family (wife, 8 year old son and 3 year old daughter) and mistakenly entered a private farm country lane (unclear signs). Half the way through on the country lane heard someone shouting at us and come running from a house (~20-30 meters away) along the lane. A dog and his owner appeared running toward us saying "you're on private land !". As soon as we heard them we obviously stopped and as soon as he reached close to us we told him that we didn't see the private road sign and asked how do we get out of there. The dog owner continued shouting instead of accepting the apology of being there by mistake and whilst he was shouting his dog took a bite on my leg. I immediately notified the dog owner that I've just been attacked by his dog however he couldn't care less and continued saying that we're trespassers and he's not responsible for anything his dog does to us. The dog obviously sensed his owners behaviour and as such the attack was very much provoked by the owner on to us. My wife and kids were absolutely shaken by the incident and we obviously left the private lane ASAP. The bite caused heavy bleeding and a nasty wound and as such I had to be treated and took the medical assistance as soon as I safely could. 

Next day, I reported the incident to police and gave the dog owner a chance to apologise and conclude the matter. The police attended the dog owner and after speaking to him he refused to give an apology, the doing owner says we were trespassing and we were argumentative which provoked the dog. We were obviously shook and just wanted to get out of there having two young kids with us however I understand its our word against his words. The police now want official statements from both parties, charge him with the offence and take the matters to the court.

My question is, how will the law treats us if the matter goes to the court. Given that we were attacked by dog on a PRIVATE country lane and as such classed as trespassers, not to mention we ended up there by mistake and with absolutely no intention to cause any malice or damage etc. We were simply on the way to home and took a wrong shortcut. Stayed totally calm and simply asked for instructions about how best to quickly leave his land when stopped.

Mojisola

twister_teddy said:

I was cycling with my family (wife, 8 year old son and 3 year old daughter) and mistakenly entered a private farm country lane (unclear signs).

It would be worth getting a photo of the current signs - before the dog owner has the chance to put up large, clear signs and claims you obviously knew that you were going onto a private road.

twister_teddy

Mojisola said:

twister_teddy said:

I was cycling with my family (wife, 8 year old son and 3 year old daughter) and mistakenly entered a private farm country lane (unclear signs).

It would be worth getting a photo of the current signs - before the dog owner has the chance to put up large, clear signs and claims you obviously knew that you were going onto a private road.

Thanks for the feedback. The police officer who visited the dog owner has noted the signs in place.
I have been told by the police that despite that we were trespassing (a civil offence) it still doesn't give the dog owner to let his dog attack and as such he will be charged with a criminal office. 
I would like to get more insight on where does the law stand on this point. 

elsien

If they are looking at a prosecution under the Dangerous Dogs Act, it doesn't matter that the attack took place on private land. That would only be a defence if the dog attacked an intruder in their house.
Summary here.
https://www.rspca.org.uk/getinvolved/campaign/bsl/dda

twister_teddy

The case is proceeding to the court once the police statements are complete. Any advise in anticipation of that would be useful please. 

KxMx

If you have concerns it may be an idea to consult a solicitor for proper legal advice. That way you know your rights and how the legal process should progress. 

boxer234

You have had good advice from the police and it seems they are taking it seriously.  It is a shame the owner wouldn’t sort this out out of court.  Really they could have avoided this and maybe put up more signs.  

pphillips

twister_teddy said:

Mojisola said:

twister_teddy said:

I was cycling with my family (wife, 8 year old son and 3 year old daughter) and mistakenly entered a private farm country lane (unclear signs).

It would be worth getting a photo of the current signs - before the dog owner has the chance to put up large, clear signs and claims you obviously knew that you were going onto a private road.

Thanks for the feedback. The police officer who visited the dog owner has noted the signs in place.
I have been told by the police that despite that we were trespassing (a civil offence) it still doesn't give the dog owner to let his dog attack and as such he will be charged with a criminal office. 
I would like to get more insight on where does the law stand on this point. 

The law is simple - trespassers are owed a duty of care and you must take reasonable care not to injure trespassers on your property. Trespass is usually a civil wrong only and therefore the trespasser can be sued for any financial loss caused by the trespass, the trespass does not however negate any of the trespasser's claims for personal injury arising from the land owner's negligence.

The question that might be interesting to find out is what criminal offense/s the land owner will be charged with. It might be classed as an assault occasioning actual bodily harm or perhaps a dog related offence.

Owain_Moneysaver

Just because it's private land and a private road doesn't mean that it's not also a public right of way for pedestrians, cyclists and horse-riders. Might be worth asking the local council to check the definitive map they should hold. If it is a right of way it may also be an offence to display signs deterring its use. 

twister_teddy

Owain_Moneysaver said:

Just because it's private land and a private road doesn't mean that it's not also a public right of way for pedestrians, cyclists and horse-riders. Might be worth asking the local council to check the definitive map they should hold. If it is a right of way it may also be an offence to display signs deterring its use. 

That's an interesting point as the both ends of this private lane connects public roads on either side. So I think its a valid point to check with local council. 

twister_teddy

pphillips said:

The question that might be interesting to find out is what criminal offense/s the land owner will be charged with. It might be classed as an assault occasioning actual bodily harm or perhaps a dog related offence.

According to police, the charges will be Section 3 Dangerous Dogs Act 1991. We entered the private land unknowingly and with no malice intent so even trespassing charges will unlikely result in anything as far as I understand . 
In the recent statement to police the dog owner in question is trying to backtrack and trying to wriggle out that he never saw the attack taking place at all however there is substantial evidence (the wound, torn clothes, calls for medical assistance, prescribed medications etc) and not to mention the my wife who witnessed the whole assault from a meter away. Police know he's lying and have asked me to keep hold of all the evidence if needed in court. 
If it really comes to a stage that any of the above evidence is somehow unacceptable and challenged, can the dog's DNA be matched from clothes or wound, or is there anything else that prove the dog bite. I am not sure what evidence court will likely demand.