"beware Of Dog" Sign Makes You Liable?

[Jed]

With regard to whether you are required to provide access to your property..... If you think that safe and reasonable access is an urban myth.... you may be in for a big surprise.

The following is legal advice received in victoria ...... could have minor differences in other states but I would be very surprised if there was a huge difference.

Remember Courts can take a different stance as to whether you would be prosecuted or whether someone can be sued because of an action.

e.g. If someone happens to trespass on you land it is not usually viewed as a crime but as a civil wrong and you could sue them for such even if no damage is caused. However to bring action you have to show that you have a right to exclusive possession etc. and that they did not leave when asked. A sign saying "Trespasses will be prosecuted" is incorrect as any 'prosecution' can only occur if a crime is committed while they are on your property.

Also note that there are some Officials who are entitled on your land even without your permission.

Police - either with a warrant, or in the motion of making an arrest, stopping a breach of the peace.

Meter Readers, Council etc. - provided they show proof of identity are allowed onto your land for specific purposes related to their job.

Fire Brigade - necessary to stop a fire including deliberately damaging property.

Doesn't mean that you cannot lock your front gate, hence people have to come back time and time again.... or issue a notice for you to provide access. However if anyone can open a gate and walk up your path to your front door and then gets bitten by your dog.... you have exposed yourself to the risk of someone deciding to sue you.

So the signs you put up.... they may mean nothing.... they may cause problems.... they may conflict with your Insurance Company..... Remember you can usually obtain free legal advice thru the Law Institute or even a quick chat with the Insurance Company can help define things further.

Alpha Bet - the laws were tested in the High Court in 1991. None of those officials may enter except the police with a warrant. Firies may not enter, council officers may not enter. They try to presuade you to allow them to enter, but they have no legal right to do so.

Please google this so you have the correct information.

[Jed]

Some short exerpts from court cases which may be helpful

· NSW v IBBETT [2006] HCA 57; (2006) 231 ALR 485; (2006) 81 ALJR 427 (12 December 2006)

Police entered the home of a lady, chasing her son. Weapons and threats were used by the police. Mrs Ibbett was awarded exemplary damages against the police involved. The Police appealed and lost with costs.

‘It is well established that the tort protects the interest of the plaintiff in maintaining the right to exclusive possession of her place of residence, free from uninvited physical intrusion by strangers.”

HALLIDAY v NEVILL [1984] HCA 80; (1984) 155 CLR 1 (6 December 1984)

Police noticed an unregistered driver back out of his driveway. When approached he ran back onto his property, the police entered and arrested him. The police were found to have trespassed and the Police appeal was dismissed with costs, in the High Court.

High Court Rulings on Trespass

In Robson v Hallett [1967] 2 QB 939, Lord Parker CJ said (at 951):

"the occupier of any dwelling-house gives implied licence to any member of the public coming on his lawful business to come through the gate, up the steps, and knock on the door of the house." This implied licence extends to the driveway of a dwelling-house. However, the licence may be withdrawn by giving notice of its withdrawal. A person who enters or remains on property after the withdrawal of the licence is a trespasser.”

A sign at your front entrance clearly indicates that you do not give permission unless by invitation therefore entry is prohibited. Information from QLD has indicated that the police will enter through an open gate regardless of the sign, but cannot open one. Therefore, keep your gates closed. Police have also indicated that they cannot deliver a summons past a proper Trespass sign unless a felony has been committed under the Crimes Act and a warrant issued.

There are many more which can be found. I think these are enough for a beginning

[Nic.B]

No signs at our place... last summer a neighbor knocked on the front door... said someone just jumped our side fence and ran across our backyard... as it was a hot day the dogs were inside asleep. Rang cops and cops turned up about 6 hrs later...anyway I asked what would happen if my dogs had bitten this person... Cop said nothing as the person was trespassing so it's bad luck for this lowlife.

Cop said they jump over the fence...run across the yard to see what you have and come back later and steel it. Cop also said he came home one day to find blood in his backyard...as it didn't come from he's staffie...we can only guess where it came from. :laugh:

Now I am confused as I spoke with ploice not so long ago and asked what would happen if my home was broken into and my dogs bit/attacked the theif. He said that I could be sued by the theif and held responsible

He said that there have been cases like these.

Our dogs are inside like yours if I am not home.

[Jed]

My next door neighbour arrived home from work one day to find his 3 rottweilers a bit agitated. He looked around and found some blood stained denim, and blood on the ground around his house and shed.

He phoned the police who came out and looked around. He was concerned that the dogs might be in trouble. The police speculated that the thief could be injured, so contacted the local hospital.

A woman presented at emergency with bites on her arms and legs which needed stitches.

Long story short, but she was a burglar, entered the property, started opening the shed and the dogs roared around the corner and attacked her. She had also robbed 2 other properties in the street, which had no dogs. Missed mine I suppose because the dogs barked.

She was convicted of robbing other properties in the street, goods were recovered.

Police thought it was damn good that the dogs had bitten (offered them a job, :laugh: ) no action was taken against them by police or council.

[HugL]

I also thought the Beware of the Dog sign can be an admission of a dangerous dog in the case of bitten intruder. Would be good to actually know but all cases are so different that I suppose we will never get a real ruling.

I used to have "Forget the dog, beware of the kids". Much more appropriate

[tdierikx]

I had a sign that said "Please close the gate - dogs on property" at one place I lived at.

A simple sign without any pictures of barking dogs or any implication that anyone will get bitten should suffice... something like "Dogs live here" or the like should be enough to let people know that there are dogs on the property, and to take proper precautions on entry...

I don't need any sign here - the dogs set up enough of a ruckus that the neighbours know when someone has knocked on my door, or are trying to look over the back fence... *grin*... there is NO way anyone could beg off by saying they didn't know there were dogs about...

T.

[GeckoTree]

I want a proper trespass sign, AFAIK A keep out no entry access denied sign is all that is needed on a locked gate. I do like some novelty dog signs, though I don't think they are much chop for anything other than a passing laugh. I mean when ever I see a 'never mind the dog, beware the owner sign I just think ok you have a dog.

Edited November 19, 2013 by DaffyDuck

[Parkeyre]

My signs on my front door and all external gates says:

DOGS

Think before entering

[Rebanne]

I've still got one on my front porch that says Unleashed German Shepherd on Premises. My last Shep died 10 years ago.

[Danois]

With all respect to the police (who I have a lot of time for), I would not rely in their advice in relation to civil matters or torts. They do very limited legal training and it is primarily focused on criminal matters. By comparison a lawyer studies basic tort law for 12 months.

If you want the legal position based on the wording you want to use on your particular sign then you need to engage a lawyer and not rely on well intentioned but usually misinformed or speculative opinion on the Internet/ forums.

[BlackJaq]

We have a "Private Property, No Trespassing" sign at the front gate. Once you go through that you can only follow the driveway for about 20 m as creek on one side and steep rock face on other side. Just before the driveway turns the corner that will let you see the house we also mounted a "If you can read this, you are in range" sign.

We actually did have somebody on motorbikes make use of a tree that fell on the front fence beside the gate to gain access come up the driveway. Not sure if they saw the sign or not but we happened to be doing target practice in front of the house. With large caliber rifles.

One was gone like 5 kinds of harpies were chasing him, the other guy was begging for us not to shoot and I could practically see the shit leaking out of his trouser leg.. Have not had any problems since and clearly our dogs are not the ones to worry about anyway

Seeing as your here now Danois, is it true that the Beware of Dogs signage makes you liable? I have been told this, too, hence avoided any reference to dogs on our signage. As we will be getting another LGD who will presumably be less tolerant of intruders than the current Maremma I intend on getting at least a LGD warning sign, something along the line of "Lifestock Guard Dog on Duty, do not disturb" or similar...

Edited November 19, 2013 by BlackJaq

[Danois]

Sorry can't help here - not an area I have kept up with and I can't advise on specific circumstances - can only give information.

[mita]

My next door neighbour arrived home from work one day to find his 3 rottweilers a bit agitated. He looked around and found some blood stained denim, and blood on the ground around his house and shed.

Long story short, but she was a burglar, entered the property, started opening the shed and the dogs roared around the corner and attacked her. She had also robbed 2 other properties in the street, which had no dogs. Missed mine I suppose because the dogs barked.

She was convicted of robbing other properties in the street, goods were recovered.

Police thought it was damn good that the dogs had bitten (offered them a job, :laugh: ) no action was taken against them by police or council.

Brisbane police were chasing an offender, on foot, in the suburbs. Bloke was doing a good job of evading them. Then he jumped a fence & landed on top of a very surprised rottweiler. Rottie bit him & held him by the leg. Article in newspaper said the police caught up, took the bloke to hospital for treatment for the bite ... & thanked the rottie.

[OSoSwift]

Locally there have been a couple of cases of offenders caught by a dog. Everytime the dogs has been thanked and the owners asked to give them a big treat.

One shepherd did not lay a tooth on the person but everytime he moved a muscle it roared and kept walking circles around him until police turned up and the owner called it off.

Police thanked it for making their job so much easier and suggested a big juicy bone might be the order of the day :)

[mita]

One shepherd did not lay a tooth on the person but everytime he moved a muscle it roared and kept walking circles around him until police turned up and the owner called it off.

Police thanked it for making their job so much easier and suggested a big juicy bone might be the order of the day :)

OSS, again in Brisbane. Bloke with evil intent, broke thro' a locked side gate in a suburban house. Walked straight into a German Shepherd. Not any GSD.... the unlucky bloke had picked the home of a police dog handler. Handler was upstairs having a shower.

Bloke took off, pursued by the police dog, who cornered him against a fence. Neighbours phoned the police who came promptly & took over from the GSD... who amused them by jumping into the back seat of a police car. All explained when dog handler came running up the road, having heard the sirens.

[aussiecattledog]

One shepherd did not lay a tooth on the person but everytime he moved a muscle it roared and kept walking circles around him until police turned up and the owner called it off.

Police thanked it for making their job so much easier and suggested a big juicy bone might be the order of the day :)

OSS, again in Brisbane. Bloke with evil intent, broke thro' a locked side gate in a suburban house. Walked straight into a German Shepherd. Not any GSD.... the unlucky bloke had picked the home of a police dog handler. Handler was upstairs having a shower.

Bloke took off, pursued by the police dog, who cornered him against a fence. Neighbours phoned the police who came promptly & took over from the GSD... who amused them by jumping into the back seat of a police car. All explained when dog handler came running up the road, having heard the sirens.

Thanks everyone for the information, and the stories. Some of them are very entertaining

We have two gates on our property running up to the backyard. Our dog got out once in a bad storm back when we had one gate and being 6 years old it broke and she got out, but we had no issues, turned out she had taken herself for a walk along the route i had been taking her for the past week, probably out looking for us since no-one was home, found a nice man who realised she wasn't with an owner and drove her up to the lost dogs home. Now the gate's fixed and we put another, smaller one up behind it that actually doesn't open, so to get in you physically have to climb over it to get. I think during the summer holidays when my dad comes to live with us we'll put a lock on the big gate and put up a sign to inform visitors we own a dog. She can't get to the front yard so they're safe from our dogs licks. :)

I think I'll continue to do some reasearch on this, it's very interesting and I'm sure it pays off to be very informed on this kind of information, owning a dog and all.

And talking of dog stories I found one on a pitbull cross who stopped two intruders from stealing a baby from a families house when they knocked the mother unconcious with the hilt of the gun. I love hearing these stories, especially when they involve pitbulls or rottwielers or the like.

[aussiecattledog]

Also another question, there's a dog down my street who seems rather fearful around other dogs and its often in the front yard (which has a secure fence), what would happen if someone was to put their hand through the fence and the dog bit them? Of course I'm not planning to do this, I stay clear away from fearful and agressive dogs, but I'm just curious.

[OSoSwift]

Personally I think it's the persons fault, as for the law I have no idea.

[szafir]

I just found this post. You may be interested in this Victorian 2012 Supreme Court case, which upheld a magistrates decision in favour of a defendant who used the trespass defence. His dog was held in a secure yard and bit a person who put his hand over the fence. It was held that the person was trespassing and the defence was successful:

http://www.austlii.edu.au/au/cases/vic/VSC/2012/195.html

[Christina]

With regard to whether you are required to provide access to your property..... If you think that safe and reasonable access is an urban myth.... you may be in for a big surprise.

Also note that there are some Officials who are entitled on your land even without your permission.

Police - either with a warrant, or in the motion of making an arrest, stopping a breach of the peace.

Meter Readers, Council etc. - provided they show proof of identity are allowed onto your land for specific purposes related to their job.

Fire Brigade - necessary to stop a fire including deliberately damaging property.

I also thought the above was applicable. I have never left loose dogs in my front yard however when living in the city I did have a beware of dog sign on back gates but not at the front. Beware of the dog doesn't say it is dangerous or vicious its only a thing usually to deter people.

If a matter went to court I would think the outcome may vary according to the circumstances & the views of who is hearing the matter not a set in concrete ruling.