The law relating to dogs is complex. This article does not intend to go into great detail, rather give some indications of where to look for the correct information if any queries arise relating to legal requirements during your dog ownership. I would like to thank Godfrey Sands-Winsch, for his book Dogs and the Law as it has been a great asset over many years of dog ownership.

1. Dog ownership in law is considered to be the same as other inanimate objects we possess like the TV or car.
2. Ownership is retained when the dog strays or is lost.
3. Anyone who takes a dog without the owner's permission may be sued for the return of that dog. The owner may also retake that dog from the person who is holding the dog.
4. Where a person has been feeding and caring for someone else's dog, that on its own does not permit the retention of the dog.
5. Puppies are owned by the person that owns the bitch.
6. The theft of a dog is subject to the Theft Act 1968, and if the dog has been taken with the intention of permanently depriving the owner of it; the owner has a remedy in law.

Dog owners have certain responsibilities.
Animals Act 1971, states that the keeper of a dog will be strictly liable for the damage caused by the dog. ('keeper' is a person who owns or has possession of it, or the head of the household if the owner of the dog is under16 years old). Certain circumstances allow for the keeper to be excused if,

The damage was wholly due to the fault of the person suffering it

The person injured voluntarily accepted the risk of injury

The dog is not kept for protection (guarding) purposes; or the dog was kept for protection, and the purpose was reasonable.

The rules in negligence cases are based on common law. Liability depends on the injured party being able to satisfy the court that the person whose dog caused the injury or damage owed him/her a duty of care. Failure of that duty of care caused the injury or damage.

Diseases and dogs
If a dog has an infectious diseases the owner will be responsible for any damage or injury caused by the disease if;

The infected dog is allowed to mix with healthy animals and they become infected.

A person becomes infected after handling an animal and the owner was aware of the danger.

If the dog is sold with a warranty that it is free from disease, whether you know that it is ill or not.

If the dog is sold at a market, fair or private sale while infectious and the owner knowingly allows it to be put near other healthy animals.

The roads and dogs
The Animals Act 1971 provides that owners of animals and those who have control of them have a duty to take reasonable care to see that the animal does not stray onto the road and cause injury or damage.

Reporting accidents involving dogs
The Road Traffic Act 1988 lays down the rules for conduct when a dog and certain other animals are injured in an accident that involves motor vehicles on the road. The rule does not apply when the dog is in a vehicle or trailer pulled by it.

The driver must stop

If the driver does not stop or refuses to give his/her name to the dog's owner at the time, the driver must report the accident to the police within 24 hours of the incident. Failure to do this renders the driver liable for prosecution.

Nuisance
If an animal is causing a substantial discomfort to the public in general or a particular person (excessive barking), this constitutes the civil wrong of nuisance. The remedy is found in the courts where damages or and injunction may be awarded.

Dog collars
Dogs must wear a collar with the name and address of the owner inscribed on it or a tag attached to it while in a public place or on a highway. If a collar is not worn the dog can be seized and treated like a stray. The owner or person in charge of the dog is guilty of an offence unless they had lawful authority or excuse.

Stray dogs
Police or an authorised officer of the local authority have the power to seize any dog found wandering in a public place which is considered to be a stray. The animal may be detained until the owner has claimed it and all expenses incurred while it has been detained are paid. If the owner is known a notice should be served informing that person that the dog is being detained and that the owner has seven days to collect the animal. Animals not claimed will be taken to a rehoming centre or destroyed.

Cruelty to dogs
The Protection of Animals Act covers the instances in law that relates to cruelty. The Act covers,

Abandonment

Carriage of dogs

Dogs as draught animals

Drugs and poisons

Experiments

Fighting and baiting

Operations and anaesthetics

Other cases of cruelty (beating, kicking, ill-treating, tortures or terrifies a dog or permits suffering).

Rules about killing or injuring a dog
There are situations regulated by law that makes the killing of a dog not wrongful.

Acting to protect livestock

Entitled to protect livestock

The police are informed of the incident within 48 hour of its occurrence

The person who kills a dog within these criteria has to fulfil all of the above conditions.

Trespass and dogs
Trespass is deemed to be when a dog is on property where it has no right to be or where its owner has no right to allow it to be. Special rules apply when a trespassing dog injures or kills livestock. If a dog worries animals on agricultural land, its owner or the person in charge of it is liable and guilty of an offence and can be prosecuted.

Further reading. Dogs and the Law,
by Godfrey Sands-Winsch (BA Cantab)
Publishers, Shaw and Sons 1990