Steph M Posted September 3, 2012 Share Posted September 3, 2012 Regardless, the friends knew the risks, they know what the dog is capable of, even going to far as to check he wasn't home before entering. What fools. Learned the hard way, IMO. Lucky no one was really injured, but speaks volumes they keep losing padlocks from the gate etc, but no mention of break ins. Dog is doing a darn fine job as a deterrent by the sounds! Link to comment Share on other sites More sharing options...
smooch Posted September 3, 2012 Share Posted September 3, 2012 Is it possible to padlock the gate from the inside where it can't be cut. Link to comment Share on other sites More sharing options...
Danois Posted September 3, 2012 Share Posted September 3, 2012 The sign admits liability. The dog and his owners are walking a very thin line. Long standing myth - this is not correct. The only 'person' that can determine liability is a court of competent jurisdiction. Link to comment Share on other sites More sharing options...
ellz Posted September 3, 2012 Share Posted September 3, 2012 The sign admits liability. The dog and his owners are walking a very thin line. Long standing myth - this is not correct. The only 'person' that can determine liability is a court of competent jurisdiction. Could this depend upon what State the person resides in? I know of somebody who was in a spot of bother for having such a sign on their gate when an "incident" occurred. Link to comment Share on other sites More sharing options...
sausy.dog Posted September 3, 2012 Share Posted September 3, 2012 I cannot understand why someone who knows their dog will bite has their yard so easy to access. Ok, the friends are idiots but what if somebody opened the gate, left and the dog got out on the street and bit someone. Tell them to secure their yard asap, no excuses for a gate so easy to access. Why would the padlocks keep getting cut off??? Some people have all the bad luck. Link to comment Share on other sites More sharing options...
Steph M Posted September 3, 2012 Share Posted September 3, 2012 I think it was mentioned they're in a dodgy or more colourful area of town. Haha. Link to comment Share on other sites More sharing options...
mixeduppup Posted September 3, 2012 Author Share Posted September 3, 2012 They live in a high crime area (part of the reason they got the larger type dog, they rescued him and he's a big part of their family as well) hence the reason their locks were cut off. Their yard isn't that easy to access they have a front yard and then the back yard. The front yard has a high pool fencing gate and 6ft high pool fencing (like the bar kind, don't know the name) and is only unlocked when they're home. The back yard has a very tall kind of farm game but smaller mesh and high with colourbond fencing all the way around. The gate is the only access in and out. I haven't visited for a while but i doubt it's changed much. Link to comment Share on other sites More sharing options...
♪♫LMBC♫♪ Posted September 3, 2012 Share Posted September 3, 2012 You can't get in trouble if your dog bites someone who is trespassing on your property. These people are clearly idiots. Link to comment Share on other sites More sharing options...
Christina Posted September 3, 2012 Share Posted September 3, 2012 I think it does depend on the attitude of who is hearing the complaint really. The best thing to do is to wait & see what happens & if there is any legal action go straight to a lawyer. The legalities can vary or be interpreted differently from place to place too. One would think for an adult to enter when warned not to, on private property & knowing about the dog as they did, that it is their own fault. However that is logical not legal. It could go either way. Link to comment Share on other sites More sharing options...
Staff'n'Toller Posted September 3, 2012 Share Posted September 3, 2012 Unless the 'aggrieved' report it, they're not in any trouble. It sounds as though the 'aggrieved' admitted fault anyway, yes..? There is high tensile chain that can only be cut with an angle grinder, so I assume there are padlocks made of the same reinforced stuff? Hope someone can answer that. Link to comment Share on other sites More sharing options...
Danois Posted September 4, 2012 Share Posted September 4, 2012 The sign admits liability. The dog and his owners are walking a very thin line. Long standing myth - this is not correct. The only 'person' that can determine liability is a court of competent jurisdiction. Could this depend upon what State the person resides in? I know of somebody who was in a spot of bother for having such a sign on their gate when an "incident" occurred. No - the Civil Liability legislation is similar across all states. Link to comment Share on other sites More sharing options...
mixeduppup Posted September 4, 2012 Author Share Posted September 4, 2012 They've gone to the hardware today to look at different chains and locks. I asked them about their current lock and apparently you have to reach a good way into the yard and unclip it from the inside of the fence and it's about 5-6ft up, so it should be child safe until they get the proper locks. Thank everyone. Link to comment Share on other sites More sharing options...
Brucebriz Posted September 4, 2012 Share Posted September 4, 2012 (edited) I have friends that live up Newcastle area and they have a GSDX desexed male who is very protective of their yard. They have friends who visit quite often an know the rules, no one enters the backyard whether you know the dog or not, come to the front door or window and knock. For some reason their friends decided to come into the backyard with no one knowing or giving warning and the dog came running around the side of the house and bit them, apparently they had to go to the dr to get one of the wounds seen to. Their friends were told numerous times not to go into the yard because he was protective and would maybe bite them, they did it any way. They have a sign up that says don't enter back yard. Could they get in trouble for this? I told them I didn't think so. The dog in question is usually a saint if they're there, but takes his guarding very seriously. I haven't read all the responses but in the case you describe it might be argued, under the Companion animal Act see below, that the people going into the yard were provokng the dog, esp if they knew the circumstances to be as you described. It would require a lawyer but can be defended. The fact that the "friends" are reporting it seems to say to me they aren't friends. Offences where dog attacks person or animal (1) If a dog rushes at, attacks, bites, harasses or chases any person or animal (other than vermin), whether or not any injury is caused to the person or animal: (a) the owner of the dog, or (b) if the owner is not present at the time of the offence and another person who is of or above the age of 16 years is in charge of the dog at that time—that other person, is guilty of an offence. Maximum penalty: (a) 50 penalty units except in the case of a dangerous or restricted dog, or (b) 300 penalty units in the case of a dangerous or restricted dog. (1A) The owner of a dangerous dog or a restricted dog is guilty of an offence if: (a) the dog attacks or bites any person (whether or not any injury is caused to the person), and (b) the incident occurs as a result of the owner’s failure to comply with any one or more of the requirements of section 51 or 56 (as the case requires) in relation to the dog. Maximum penalty: 500 penalty units or imprisonment for 2 years, or both. Note. Conviction for an offence under this subsection results in permanent disqualification from owning a dog or from being in charge of a dog in a public place. See section 23. (2) It is not an offence under this section if the incident occurred: (a) as a result of the dog being teased, mistreated, attacked or otherwise provoked, or (b) as a result of the person or animal trespassing on the property on which the dog was being kept, or © as a result of the dog acting in reasonable defence of a person or property, or (d) in the course of lawful hunting, or (e) in the course of the working of stock by the dog or the training of the dog in the working of stock. (3) This section does not apply to a police dog or a corrective services dog. Edited September 4, 2012 by Brucebriz Link to comment Share on other sites More sharing options...
mixeduppup Posted September 4, 2012 Author Share Posted September 4, 2012 They're not reporting it so far. I think my friends were more concerned that they might mention it to someone that would report it. Link to comment Share on other sites More sharing options...
melzawelza Posted September 4, 2012 Share Posted September 4, 2012 They're not reporting it so far. I think my friends were more concerned that they might mention it to someone that would report it. Hearsay. Can't be acted on. Link to comment Share on other sites More sharing options...
Rebanne Posted September 5, 2012 Share Posted September 5, 2012 The people entering the yard were idiots but so are your friends for not making sure no one can get in the yard when they know they have a dog that will bite. They get some kid in there chasing a ball ( and yes I know the kid shouldn't go in but they do ) and the parents cry foul, it's the dog that will pay. The dog would have more chance if the kid was shown to force a padlock or climb the fence as opposed to just opening an unlocked gate. Link to comment Share on other sites More sharing options...
mixeduppup Posted September 5, 2012 Author Share Posted September 5, 2012 The people entering the yard were idiots but so are your friends for not making sure no one can get in the yard when they know they have a dog that will bite. They get some kid in there chasing a ball ( and yes I know the kid shouldn't go in but they do ) and the parents cry foul, it's the dog that will pay. The dog would have more chance if the kid was shown to force a padlock or climb the fence as opposed to just opening an unlocked gate. Going by what was said and described by my friends, the kids would have to climb the gate and lean in pretty far to unclip the gate, so hopefully that won't happen during the interim. I told them they needed to work something out asap. Link to comment Share on other sites More sharing options...
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