Sem 2: DDA 2010 Flashcards
Scenario Qs- Colin,Bert and Arnold and the Dog
Relevant Facts
-Arnold and Bert share a flat
-Arnold’s dog has an aggressive nature
-Dog bites Dave on the leg
-Arnold owns a Staffordshire terrier dog
-During the attack, Bert did not call the dog off Dave, even though he knew the dog answered to his command.
-Colin released the dog’s lead and, pointing at Dave, said “Go on.”
2)Legal rules, principles and definitions etc, needed to analyse the legal liability arising from the facts:
Use DDA 2010
Application of the DDA 2010
-s.2 – Dog must be dangerous
-s.3(1)- If a dog is dangerously out of control, whether in a public place or not it makes them liable – aggravating offence
-s.3(2)- In the procedure to an offence under s.1, you can try and get someone off the hook
Final Decision
-Arnold isn’t liable for this as he as the owner isn’t present here at the time
-Bert is liable
-Colin may be liable