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Liability


Lugeanjaam
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It seems like you could be doing more to prevent your dog being upset by what is happening outside your property, and to prevent it from hurting a very small child.

Put it in your back yard.

Think of it as a prevention issue instead of planning the attitude you will take if somebody else is hurt by your dog.

OP has already said the dog is in the backyard, child is walking up the driveway and sticking hand through fence.

OP has also said they are planning on blocking the fence, and in the meantime the dog is only allowed outside supervised. I think they are taking action, but still wanting to query liability, probably more out of curiosity than "planning their attitude". That's how I have interpreted OP's posts anyway.

ETA I posted at the same time as sujo :D

SNAP :D

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Ok, sorry, I missed the bit about where the dog was.

You have contacted child services, maybe one option is to call the police if the child enters your property again after being told to keep out.

I think you need to make sure that it is clear that the children do not have permission to be there and are not in your care. If you are seen to be walking one home by the hand, somebody might suggest that you are caring for it. Not sure, but that is what I would be worried about.

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Someone walking down a driveway isn't intruding. I'd call the police re: the child and perhaps pleas ignorance as to whom the mum is

Isn't walking onto someone's private property intruding?

I would fence off the front yard and also change the fencing in the backyard so the kids hand couldn't get thru.

Although I think it is unfair, I think there is the definite possibility that sujo would be found liable if there child were to be bitten :(

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Someone walking down a driveway isn't intruding. I'd call the police re: the child and perhaps pleas ignorance as to whom the mum is

It isn't until the person has been asked to leave. A person can do this, or it can be done with signage.

It's when a person hasn't been asked to leave that it might be implied that you gave your permission for them to be there.

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You don't need to plead ignorance as to knowledge of mum, you can (and should) report to police fill them in as to the ongoing situation and they will get family services involved, unfortunately a laymans opinion on child in danger doesn't mean as much as someone qualified/ who is a mandatory reporter. if your neighbors are also aware it's worth letting the police know so they can corroborate your story and push it through the system fast.

I agree with PP in that you/ the dog would be help liable, I have seen gag signs that alert people as to the presence of a dog without the implied dog is aggressive that comes with the standard. We are going with a please be aware dogs live here too so ask first and shut the gate behind you. (though I'm not sure that's much help with a child who clearly is being neglected and I would assume hasn't been exposed to how to safely interact with a dog. )

As for the little dog that keeps provoking yours when you call the police call the council, heaven forbid it picks a fight with a loose dog while out with the child and something much worse than a hand bite may occur (not your responsibility I know) clearly the mum/ owner isn't coping maybe it's time to step in so child and dog aren't the ones who pay for it

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Photograph and if possible video these children on your property harassing your dog. Contact your local council and advise them of the situation and your concerns. Also advise them of the roaming dog as it is illegal to have a roaming dog.

Send a letter to the parents asking them nicely to keep their children within the confines of their own yard under the guise of you not wanting to see them get hurt should someone not see them when leaving their drive way or on the road.

Next time they are out and roaming you can also contact the police saying they were in the street and a car just swerved to miss them.

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this is serious or could end up so.

i would be calling the police whenever you see them wandering. for their own safety and a naked child can certainly get hurt in more ways than one. there was a child in our neighbourhood lost the lot when he decided to urinate through a fence. the dog on the other side bit the lot off. not a wives tale to scare kids. a family member is married to one of the family whose dog did the bite. a horror no one should have to cope with regardless of who is at fault.

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sujo you sound like a great dog owner and a great neighbour! The kids' mum on the other hand :( Sounds like they are lucky you're around to keep an eye one them. I hope that situation can be resolved.

I agree that you probably would be liable if the kid (or anyone) got bitten. I'm not exactly sure what your rights are when it comes to a dog defending the property but I think in general the home owner is liable for injury on their property even if the injured person is trespassing. it's a pity you now have to go above and beyond because other people don't do the right thing but at least you'll know you're safe.

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this is serious or could end up so.

i would be calling the police whenever you see them wandering. for their own safety and a naked child can certainly get hurt in more ways than one. there was a child in our neighbourhood lost the lot when he decided to urinate through a fence. the dog on the other side bit the lot off. not a wives tale to scare kids. a family member is married to one of the family whose dog did the bite. a horror no one should have to cope with regardless of who is at fault.

Oh my god!! The poor child and the poor family of the dog. I just don't understand parents who let little kids wander. :mad

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I would never put a "beware of the dog" sign up as this implies you have a dangerous dog - was informed this by a cop/friend. Also told if someone accesses your yard and gets bitten they have every right to sue you for keeping an aggressive dog. Apparently, dogs defending their territory does not exist in human law proving the law is an ass!

On the children wandering - from my personal experience with Child Protection they are unable to do anything unless the child will be dead in 24hrs. They are understaffed and over regulated. However, keep reporting and record all your reports (daily if necessary) and if nothing is done, contact one of the current affairs shows. This appears to be the only way to get through to the government.

Good luck on both fronts

If you are a mandatory notifier (teacher, coach, sunday school teacher, sport team manager etc) then you can ring child protective services and insist they take a "report of concern". You might be able to do this as a member of the general public anyway. They may not act, but the parent's negligent behaviour will be on file.

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I have no idea about the legalities, however I would never leave a dog unsupervised in a year that had open fencing such as described. It's not just about your dog biting people but also what people (not just the kids posted about) could do to your dog.

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Police will come out and do a welfare check on wandering children. Police will not do nothing of you call them and let them know there are naked young children in the street. The Police brining the kids home a few times might be the kick up the butt the mum ( or DCP) needs!

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I'm sure it's against the law to photograph/video minors without permission..

quote name='ravensmyst00' timestamp='1325127187' post='5651112']

Photograph and if possible video these children on your property harassing your dog. Contact your local council and advise them of the situation and your concerns. Also advise them of the roaming dog as it is illegal to have a roaming dog.

Send a letter to the parents asking them nicely to keep their children within the confines of their own yard under the guise of you not wanting to see them get hurt should someone not see them when leaving their drive way or on the road.

Next time they are out and roaming you can also contact the police saying they were in the street and a car just swerved to miss them.

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I just googled that hunting dog case, how terribly sad!! That poor little girl:(. Such a awful situation on every level.

The case resulted in retrospective legislation. Nothing about stopping the parents from getting more children you will notice! :cry:

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I am guessing you have spoken to the eldest child to stay off your property, maybe you partner should if they don't listen to you? A sterner voice :-)

We sell bamboo screening and reed screaning at my work do you think something like that would be beneficial? What a pain having to do this to keep other peoples children away :-(

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