"beware Of Dog" Sign Makes You Liable?

[aussiecattledog]

Hi everyone,

So in class yesterday we were discussing laws and the topic about being liable if your dog bites someone popped up. Our teacher told us that if you have "beware of dog" sign somewhere on your property than if someone tresspasses and your dog injures them you won't be liable for their injury. She said without a sign warning people you own a dog, even if someone is tresspassing on your proprty with the intention to break the law, like stealing, if your dog injures them you are still legally liable. I was looking into this today, but I found no solid answers of laws saying if this is true. Of course coming from my teacher I believed it, and I want to buy or make a sign to put up on our front gate, but I've heard people saying how having a sign still doesn't make you legally liable if it injures someone, or that having "Beware of dog" just makes it sound like you are admitting you own a dangerous and/or aggressive dog, which I've heard people say on discussions on other dog forums that this will make you liable anyway, because you are stating that your dog IS dangerous.

Can someone please help clarify this for me? And what happens if you have a sign up, say on your front door, but the person attempts to break in from the back of your house, is injured and DOES NOT see the sign?

I want to put a "beware of dog" sign up on our property, not because our dog is aggressive or frightnenly dangerous, but because I'm worried that our neighbours kids might jump the fence when we aren't there to play with the dog and she knocks them over or even bites them because we aren't supervising then we won't be liable. And i wouldn't be suprised if she was aggressive anyway towards a tresspasser, I mean its only instinct for a dog to guard their territory after all. So will putting that sign up make me not legally liable if my dog bites or hurts someone on our property without our permission, or just serve no purpse and make it seem like my dog is aggressive?

Thanks for the help

[aussiecattledog]

Opps i made a typo, I meant to say "she knocks them over or even bites them because we aren't supervising then we WILL be liable". Sorry about that.

[minimax]

No, it doesn't absolve you of liability.

[~Anne~]

To my knowledge, sign or no sign, if your dog bites you are in trouble. You cannot void liability with a sign. Dogs are not meant to bite humans regardless of what prior knowledge you have of them being a risk.

[~Anne~]

I should also add that unless your teacher is a teacher of law, they should not be educating anyone on legal matters.

Edited November 16, 2013 by ~Anne~

[melzawelza]

I'm speaking only for NSW here - each State has different legislation.

You do not need a 'Beware of Dog' sign to clear your dog if it bites a trespasser - it's already cleared in the legislation.

Section 16 of the Act defines what a dog attack is but also says:

(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.

Keep in mind that people have a lawful right to come and knock on your front door so if you leave the dog in your front yard and it nails a girl guide coming to sell cookies or an electricity guy you are not going to be able to use that defence.

Personally, I think putting a 'beware of dog' sign up is not a good idea. It's like you're admitting that your dog is something to be wary of. If something happened and someone tried to sue you I'm sure their solicitor would bring it up to try and swing it in their favour.

If you want a sign warning people there's a dog without the potential for it to be used against you, I'd get a sign that says 'dog on property' or something like that.

[huski]

I think majority, the vast majority, of dogs would be unlikely to bite an intruder anyway.

My understanding is that the Companion Animals Act permits dogs to react in these circumstances if there is provocation. ETA: Melzawelza beat me to it :)

I haven't heard of any cases in Australia where an intruder has successfully sued the home owner if their dog bit them. I think it would be a hard case to justify when they were committing an illegal act.

I live by myself and if someone broke into my house the last thing on my mind would be that they could sue me for allowing my dog to bite them. It makes me feel safer to have dogs but I don't have beware of the dog signs up as I don't like to advertise to the neighborhood that I have dogs, but it would be obvious to anyone who broke in, in about 0.1 seconds that dogs live here :laugh:

Edited November 16, 2013 by huski

[koalathebear]

The sign is irrelevant and it doesn't mean your dog is dangerous and it doesn't mean that you are acknowledging any degree of liability.

I think people are getting it confused with the mandatory signage required if a council has declared that your dog is a dangerous dog or if you own a restricted breed.

We have a beware of the dog sign simply because we don't want utility people/tradesmen leaping into our backyard without being prepared for the fact that they will be licked to death by three Kelpies :p Some people are really scared of dogs. Most of the time the dogs will bark like crazy and people should know that there are dogs there - but sometimes they might be snoozing out the back and distracted when someone materialises in the yard.

If your dog bites a person and you don't have any witnesses to evidence that the attack is unprovoked, then your dog is probably cactus anyway regardless of a sign or not. Liability for a dog bite will turn on the individual facts of every case and the existence or lack of a sign is not going to be the determining factor in such a matter. You could probably argue the dog was provoked if the person bitten was trespassing but again it will depend on the severity of the bite and what sort of evidence is put forward.

It's a different matter though if you have a restricted breed/dangerous dog and you don't have a sign - that's an offence.

Edited November 16, 2013 by koalathebear

[mita]

We have a beware of the dog sign simply because we don't want utility people/tradesmen leaping into our backyard

For the same reason, we had a sign saying 'Caution: Dogs' on our side gate. Most strangers coming in, tended to then keep away from the backyard. Only reason for that wording.... was that I felt a bit silly putting 'Beware of the Dogs' on a gate behind which were 2 little tibbies.

Friends, without dogs, moved into a house in Brisbane. Then found something strange was happening. Tradespeople &

delivery persons would phone them & ask was it OK to come to the front door. Puzzle solved when they found a 'Beware of the Dog; sign at the beginning of the long driveway. Previous owners had put it there... & they just hadn't noticed it.

And... yes... after seeing how it made strangers stop & think before coming up the driveway... they left it there.

Edited November 16, 2013 by mita

[korbin13]

We have a beware of the dog sign simply because we don't want utility people/tradesmen leaping into our backyard

For the same reason, we had a sign saying 'Caution: Dogs' on our side gate. Most strangers coming in, tended to then keep away from the backyard. Only reason for that wording.... was that I felt a bit silly putting 'Beware of the Dogs' on a gate behind which were 2 little tibbies.

Friends, without dogs, moved into a house in Brisbane. Then found something strange was happening. Tradespeople &

delivery persons would phone them & ask was it OK to come to the front door. Puzzle solved when they found a 'Beware of the Dog; sign at the beginning of the long driveway. Previous owners had put it there... & they just hadn't noticed it.

And... yes... after seeing how it made strangers stop & think before coming up the driveway... they left it there.

Yep, I had the same thing happen when we moved into our house, couldn't believe the amount of people that would either phone from the front gate or yell out! And our is still there.

Civil matters are dealt differently to criminal matters, a sign isn't going to hurt or help a civil matter. Anyone can go and buy a sign from Bunnings and stick it up, it's not like people are getting them made specially.

[aussiecattledog]

Thanks everyone! I looked up the Domestic animals act for victoria (I didn't know what to serch prior to getting the information you've all given me) and it states similar to what you wrote for NSW melzawelza , it says:

"In any proceeding for an offence under this section, it is a defence to

that offence if the incident occurred because-

(a) the dog was being teased, abused or assaulted; or

(b) a person was trespassing on the premises on which the dog was kept; or

© another animal was on the premises on which the dog was kept; or

(d) a person known to the dog was being attacked in front of the dog"

I guess I won't need a sign, I don't want anyone thinking my dog would bite anyone, she's far more likely to lick them to death :laugh: That's kelpies allright, looks like it'd be a pleasure to own three @Koalathebear. Maybe I might just put a "Dog on premesis" sign up, that way people know there's a dog, especially since my dog's not that much of a barker and you could never tell we have one anyway, she can't come into the front yard or the side of the house. Seeing what my teacher said I thought it would be better safe than sorry but since its covered under legislation if my dog injures someone tresspassing on my proprty than its ok. No way I'd let her bite anyone anyway, she can stick to her chew toys.

[Nekhbet]

The acts do not clear your dog biting if someone or something has trespassed. What it does do is give some wiggle room if an incident has occured. EG kid jumps your fence and dog nips him on the calf, no stitches required. Parents of the kid will probably get a talking too, you'll have the incident written down and everyone goes their separate ways. But the idea of excessive force still applies - if a kid jumps your fence and then requires reconstructive surgery to 3 limbs and half it's face then there is no reprieve. Yes your dog is not safe in it's own backyard. You do not put dangerous dog or 'beware of dog' signs on your fence as you are admitting your dog will probably cause a degree of harm (yes, and we all know any dog can bite etc etc but you get what I'm saying)

I'm getting a little miffed as the new place we're moving to is behind my mums. She put up a beware of dog sign with a barking shepherd head on it after I told her a million times not to. Oh well the wind blew it off O_o. I have 7+ foot fences and the dogs are locked up when I'm not home. Your yard is not exempt in any way anymore.

[HazyWal]

I have a sign that says " a big dog lives here" :)

[mita]

Just for a laugh ... I'm not suggesting any of them. :laugh: Here's some funny Beware of the Dog signs. I like the one that adds... 'And the cat is not trustworthy, either.'

And this one:

Warning, Dog Hiding In Yard, Knock Softly, Move Slowly,...ACT CALM

http://www.mysecuritysign.com/BOD/Funny-Beware-of-Dog-Signs.aspx

Edited November 16, 2013 by mita

[Nekhbet]

OH will want this one on the gate for sure :laugh:

[huski]

I saw one the other day that said "Beware of the dog, the cat is shady as f*** also" :laugh: :laugh:

Edited November 16, 2013 by huski

[mita]

Nekhbet.... your OH might like this one, too. (click to enlarge).

Edited November 16, 2013 by mita

[aussiecattledog]

haha i love those :p i think i definately need the one that says "and the cat isn't trustworthy either" cause a lot of my close friends are afraid of my cat :laugh:

[huski]

haha i love those :p i think i definately need the one that says "and the cat isn't trustworthy either" cause a lot of my close friends are afraid of my cat :laugh:

Even my Malinois is afraid of my cat! :laugh:

[aussiecattledog]

Here's another one:

hahaha :laugh: i love seeing a big dog get all submissive around a cat, its really quite funny sometimes. my cat is a big wuss though, he steers clear of our chickens!

Oh I love the malinois breed, your dog looks beautiful Personally I've always wanted a belgian malinois or tervuren, or if not that an anatolian shepherd. I just love shepherd dog breeds, no wonder I own one.