"beware Of Dog" Sign Makes You Liable?

[huski]

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.

Thanks,

[alpha bet]

One thing to remember, is that the public have the right to safe access to your front door...... yes even the mormans.....

So there can be a big difference in where your dog is should they give a person a hard time.... if they run out and bite someone coming to your door (or even just charging) then a bigger chance of being liable than if someone jumps over your fence into the back yard. There can also be a difference whether it is daylight or night......

Claiming trespass can be a difficult defence as you have to tell someone to leave before it is classed as trespass....!!!!!

So the best thing to remember is have your dog contained to your backyard..... leave safe access from your door to the road.... if your dog has access to the front yard then you need a secure fence with a locked gate and an intercom... anyone wanting access to your door has to ring the bell and talk to you before they can enter....

[sandgrubber]

Around here the near-universal sign is simply BAD DOG. It is especially common on the gates of people who don't have dogs :D. When I see this sign where there are a couple pits staked out in the yard, I'm inclined to give wide berth. I'd expect the next version to be BAD ASS DOG, but I haven't seen it yet.

Edited November 16, 2013 by sandgrubber

[korbin13]

One thing to remember, is that the public have the right to safe access to your front door...... yes even the mormans.....

So there can be a big difference in where your dog is should they give a person a hard time.... if they run out and bite someone coming to your door (or even just charging) then a bigger chance of being liable than if someone jumps over your fence into the back yard. There can also be a difference whether it is daylight or night......

Claiming trespass can be a difficult defence as you have to tell someone to leave before it is classed as trespass....!!!!!

So the best thing to remember is have your dog contained to your backyard..... leave safe access from your door to the road.... if your dog has access to the front yard then you need a secure fence with a locked gate and an intercom... anyone wanting access to your door has to ring the bell and talk to you before they can enter....

Sorry off topic but is this actually correct or an urban myth? Just asking as you can't get to the road from my door without getting through a locked gate (if I'm not home), my friends have an electric gate for their cars and no gate into the property, so you can only access the property through the electric sliding gate. Plenty of people in our town have the same type of set ups and most of them on the main thoroughfares. I have even had the building inspector meet me at my house and watch me unlock the deadlock and he didn't say anything.

Back on topic, once saw a sign 'Stuff the dogs, it's the wife you have to worry about' :D

[Kajirin]

In SA...

66—Liability for dogs

1

(1) The keeper of a dog is liable in tort for injury, damage or loss caused by the dog.

(2) It is not necessary for the plaintiff to establish—

(a) negligence; or

(b) knowledge of the dog's vicious, dangerous or mischievous propensity.

(3) However, the keeper's liability is subject to the following qualifications:

(a) if the injury, damage or loss results from provocation of the dog by a person other than the keeper, the keeper's liability (if any) will be decided according to the Wrongs Act 1936 principles;

(b) if the injury, damage or loss results from an attack on the dog by an animal for the control of which the keeper is not responsible, the keeper's liability (if any) will be decided according to the Wrongs Act 1936 principles;

© if the injury, damage or loss is caused to a trespasser on land on which the dog is kept, the keeper's liability (if any) will be decided according to the Wrongs Act 1936 principles;

(d) if the injury, damage or loss is caused while the dog is being used in the reasonable defence of a person or property, the keeper's liability (if any) will be determined according to the Wrongs Act 1936 principles;

(e) if the injury, damage or loss is caused while the dog is in the possession or control of a person without the keeper's consent, the keeper's liability (if any) will be determined according to the Wrongs Act 1936 principles;

(f) the keeper's liability (if any) is subject to any other defence available under the law of tort.

(4) If the plaintiff's negligence contributed to the injury, damage or loss, the damages will be reduced to the extent the court thinks just and equitable having regard to the plaintiff's share in responsibility for injury, damage or loss.

(5) In this section —

keeper of a dog means the owner of the dog, or if the owner is under 18 years of age, the child's parents or guardians, and includes a person into whose possession the dog has been delivered;

provocation means—

(a) teasing, tormenting or abusing the dog;

(b) any act of cruelty towards the dog;

© attacking the owner of the dog, or a person towards whom the dog could reasonably be expected to be protective, in front of the dog.

Note — 1 At common law, the keeper of an animal was strictly liable for injury caused by the animal if the animal was ferae naturae (ie an undomesticated animal). If the animal was mansuetae naturae (ie a domestic animal), liability was dependent on proof of scienter (ie knowledge of the animal's dangerous or mischievous propensity). These rules were abolished by Part 3 of the Civil Liability Act 1936 which provides that negligence is the basis of liability. This section, however, qualifies the Civil Liability Act 1936 principles by imposing strict liability in relation to dogs subject, however, to statutory qualifications.

Edited November 16, 2013 by Noishe

[sandgrubber]

In SA...

66—Liability for dogs

... read it in the previous post

Sounds like a heyday for lawyers, therefore something to steer clear of.

[Jed]

One thing to remember, is that the public have the right to safe access to your front door...... yes even the mormans.....

So there can be a big difference in where your dog is should they give a person a hard time.... if they run out and bite someone coming to your door (or even just charging) then a bigger chance of being liable than if someone jumps over your fence into the back yard. There can also be a difference whether it is daylight or night......

Claiming trespass can be a difficult defence as you have to tell someone to leave before it is classed as trespass....!!!!!

So the best thing to remember is have your dog contained to your backyard..... leave safe access from your door to the road.... if your dog has access to the front yard then you need a secure fence with a locked gate and an intercom... anyone wanting access to your door has to ring the bell and talk to you before they can enter....

Sorry off topic but is this actually correct or an urban myth? Just asking as you can't get to the road from my door without getting through a locked gate (if I'm not home), my friends have an electric gate for their cars and no gate into the property, so you can only access the property through the electric sliding gate. Plenty of people in our town have the same type of set ups and most of them on the main thoroughfares. I have even had the building inspector meet me at my house and watch me unlock the deadlock and he didn't say anything.

Back on topic, once saw a sign 'Stuff the dogs, it's the wife you have to worry about' :D

It's an urban myth. As the occupier of a property, you have the right to deny access to anyone (including the meter reader) you like. You can physically deter entry - as your friends with the electric gate, or a lock.

If people enter and you want them to leave, you can ask them. If they ignore you, they are trespassing, but it seems to me it is easier to refuse access (with gate and lock etc) in the first place, if you are so inclined.

The police may enter to serve a warrant for your arrest, which is why the RSPCA will take the police with them on really serious cruelty cases.

Councils, meter readers etc tell you they have the right of access. They do not.

This is not a council or local law. This is Australia wide law. There are plenty of examples. When ever this comes up, there is a lot of argument about it. I did some research some years ago, and the above is quite correct.

Re the sign - legal advice was that to have a sign saying "beware of the dog" acknowledged that the dog could be dangerous, so if he bit someone and they took you to court, you had already admitted that the dog might bite. Advice was to have a "neutral" sign, such as "Dog lives here" which didn't admit anything.

Edited November 16, 2013 by Jed

[OSoSwift]

We had an attack cat lives here sign. One person happened to look up to see a cat peering at him from the roof. He froze. The cat was friendly.

I have a sign saying please drive slowly dogs running free. One reason is because we are on a farm and there may well be dogs running around the five acres around the house. In the past when I had Dobes if someone did manage to sneak up before I got outside they never got out the car!

My gate is now locked so I only get people in that I know about. It's a long walk from the road!

[Nic.B]

:laugh: OSO, there are some funny signs.

I have a sign saying "please do not enter, sound car horn" though I am on acres.

We had an issue with a meter reader and two very social friendly dogs years and years ago which I reported. I self read after that. If I wasn't home to witness what happened I would not have liked to think what damage he could have done to my dogs.

[tdierikx]

It used to be that if anyone came onto your property uninvited, then you were not liable for your dog biting them.

Who knows what the legal standpoint actually is nowadays? Remember the case of the little girl who entered a neighbour's yard and was killed by the pig-hunting dogs? I think there was some amendment to the law suggested back then... did the pollies ever actually get the law changed?

Seriously though, if you can show that your dogs are adequately contained to their own property, and the person bitten was not on your property with your permission (implied or otherwise), then they may have a hard case to prove that you can be held liable... (unless that person is a child, and the media gets hold of the story... because we all know that children are above all reproach and can go wherever they please, right?)

My yard is double gated - and I don't need a sign warning that there are dogs there - they make it well known if there's a stranger trying to come into the yard. There is no possible way that any intruder can claim they didn't know there was a dog on the property... *grin*

T.

[raz]

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

Lol

[griff]

""" Re the sign - legal advice was that to have a sign saying "beware of the dog" acknowledged that the dog could be dangerous, so if he bit someone and they took you to court, you had already admitted that the dog might bite. Advice was to have a "neutral" sign, such as "Dog lives here" which didn't admit anything. """

This is the same as my Lawyer told me years ago .

[myValkyrie]

We live on acreage & the entrance gate is locked if there's nobody home but we still have signs that say:

"Livestock Guardian Dogs Loose on Property. Please Sound Horn or Phone xxxx xxx xxx. Do Not Enter Unless Accompanied By Owner" - I carry my mobile at all times for this very reason.

That way we have provided instructions as to how to obtain access to the property in the case of Ergon etc. & have also notfied the general public ie. the census guy who freaked out when he ignored the sign & jumped over the locked gate, that the property contains working dogs that don't have much of a sense of humour when it comes to uninvited visitors.

I'm not sure how it would stand up legally but I have done my utmost to provide reasonable access - most people call & I simply escort them where they need to go.

[casowner]

We simply have "No unauthorised entry, dogs on premises"

In my younger days I used to have one that said "It takes you 30 seconds to get from the house to the gate, it takes the dog 10" and "If the dogs don't get ya the shotgun will"

We also have LGD's and we are installing 3 sets of gates including 2 sets of intercoms so if people come through and have ignored signs/gates/intercoms then I have taken all precautions

Edited November 17, 2013 by behluka

[alpha bet]

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.

[mita]

This morning tradesman came to put up new blinds in a bedroom. Beforehand, I secured the 2 dogs in their enclosure. No worries about the puss, tho'.

Man was working away in the bedroom & I suddenly heard him give a yell. Thought he'd fallen off the ladder. Seems he put a tool on the bed.... & the cat flew out from under the bedclothes. Nearly gave him a heart attack. I'll be adding '...And you can't trust the cat' to the dog sign. :)

[Keshwar]

""" Re the sign - legal advice was that to have a sign saying "beware of the dog" acknowledged that the dog could be dangerous, so if he bit someone and they took you to court, you had already admitted that the dog might bite. Advice was to have a "neutral" sign, such as "Dog lives here" which didn't admit anything. """

This is the same as my Lawyer told me years ago .

This comes up frequently.

Can you quote any case law or anywhere where a person has been prosecuted in Australia for having a "Beware of the Dog" sign?

"My lawyer said..." doesn't cut it.

To date I haven't been able to locate any evidence of this being true. Happy to be proven wrong. ;)

[tdierikx]

I was told by a policeman once that the "Beware of Dog" sign coupld be seen as an admission that teh dog on the property may bite, and may reduce your chances of NOT being sued...

I doubt there is any case law testing the veracity of the various pieces of advice given out - but with the current dog related laws in most states getting tougher and tougher, it wouldn't be too much of a stretch to believe some of them may hold some weight nowadays...

T.

Edited November 18, 2013 by tdierikx

[Poodle wrangler]

We used to have a Beware of Dog sign for the (non-vicious) poodles.

Good reminder to tradies etc. who might be coming to backyard..

More to NOT leave the gate open behind them.

[tarope]

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: