Trespassers and nervy dog rights?

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Solo1

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My friend has a very nervy rescue dog that has been known to attack strangers. First she'll bark at them, and then if they act violently she 'gets in there' first. If they run, she attacks. But some days she's absolutely fine. She's a GSD x whippet, and always muzzled on walks/anywhere where she might meet public etc. Once she's 'met' you with her owner, she's fine. However taking her out is a pain.

Friend has lots of land and her dogs have the run of it when she's there. However, there's no real public footpath but her horse field is often used as a shortcut. Never has been right of way for pedestrians, but sort of unofficial adopted walking place.

If her dog were to attack a pedestrian (it's not a full on attack, more a nip and run but still, things get blown out of proportion), is she liable? Is there anything she can do to make sure she isn't? They are essentially trespassing on her land.

If not dog will have to be muzzled when out which is a shame as it should be her place to roam around :( (she has electric collar and wire around her perimeter so no chance of dog escaping and attacking someone whilst un-muzzled)
 
I'm afraid that she probably would be held liable - my guess would be that a dog bite would be a criminal matter and as trespassing is only a civil offence the fact that they were trespassing wouldn't be considered a defence.

I'm not certain of this though.
 
I agree. Unfortunately the dog/owner would more than likely be seen as being at fault. It's like the incidences where burglars have broken into people's homes only to be attacked by the dog guarding the property - cases have been won where a burglar sues the homeowner for the injuries the dog inflicted!!!! The world's gone mad. However, things may have changd slightly and I imagine, if the dog went for one person who was trespassing and they put a complaint in against your friend I suspect your friend may just get a warning (although that could depend on the injuries sustained) but should it happen again then I think it could be taken more seriously.

Obviously this is only speculation and no, it doesn't seem fair at all. Does your friend have signs indicating it is provate property? Could she set up electric fencing maybe to deter anyone who's maybe climbing over fencing/gates to cross the field?
 
Tell friend to get some of those "Private land, no public access or right of way" signs up.... with a bigger "beware of the guard dog" sign underneath
 
Never put beware or guard dog -just asking for trouble.

Put "Private Property - NO public access" - "Beware of the Bull" is good too.

I used to have a bridleway along the drive through my last farm. I put up signs saying "adder sanctuary, please keep to the path" which worked really well.
 
lexiedhb said:
Tell friend to get some of those "Private land, no public access or right of way" signs up.... with a bigger "beware of the guard dog" sign underneath
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I thought having beware the dog signs were automatically considered the owner admitting liability if the dog did something. Or at least that's what I've always been told :confused:
 
Lmao DG your lappy is still down a few keys then! Im not sure on the technicalities of the law regarding this but yes I used to have 'caution, dogs running free' signs rather than beware of the dog signs which I have also been led to believe are admitting liability.
 
How can it be admitting liability when you are warning people not to trespass, as there are dogs on the property? Law is an odd thing!
 
If her dog were to attack a pedestrian (it's not a full on attack, more a nip and run but still, things get blown out of proportion), is she liable?
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Yep, she would be liable.

She just needs to work with the dog. My uncle has one like this and it took a long time. The dog is more or less 100% now, but they do watch it like a hawk.
 
Yeah, you should not really ever put a warning sign along the lines of "beware of the dog" as that is construed as you admitting the dog is a danger. There is a sign someone has on their gate near us (they have a Rottie) which has a pic of a rottie on and reads "I can make this gate in 5 seconds. Can you?". I am not sure whether that's admitting the dog's aggressive but I like it! Lol
 
She is aware that the dog has a tendancy to bite, and she is aware that the route is used as a short cut so it is highly likely that she will be considered liable if the dog bites. It is a forseeable risk, which she could have taken reasonable precautions to avoid.

She should put up signs to protect herself, private property no tresspassing ones and warning loose dogs. Not beware of the dog type signs. She should also ensure that the dog is only unmuzzled in secure areas, and by that I mean where people can't easily get in as well as where the dog can't get out.
 
Gosh, sounds like a minefield. I think the best thing for it is just to be kept muzzled when out on her land. How annoying that she can be held liable for some peoples idiocy and essentially trespassing on her land.

amymay - dog has been worked with very extensively, I don't think there's much more she can do... It's a problem me and my mum have never come across before. She's had a very very bad past and so is very wary and I think it's just her reaction. However if with her owner and you 'meet' her she's then absolutely fine - she used to hate strangers altogether. She's caused my friend so many tears over the two years she's had her, she's often considered PTS because it seemed easier. Dog is now chilled out and has been okay with strangers, but you just never know if she will snap at them. It doesn't sound as if it's worth the risk tbh :)

She's had so many problems with this being used as a shortcut too when she puts horses out there. Bloody people ;)
 
Using guard dog in any signage is a problem because there are laws related to guard dogs and how they are handled, one of them being that they are not allowed to run loose.
 
My 2 are not *uard do*s but t*ey are Dobermanns and as nature intended t*ey do warn me if anyone is about.

T*e way t*in*s are at t*e moment t*e Lancas*ire *eeler is t*e one to be feared.:D
 
Unfortunately yes the owner would be liable, there have even been cases of owners being in trouble when their dogs bite burglars, crazy. I have a dogs running loose sign, have always understood that is the best one to use.
And yes dg, think I need to change the pic of a GSD on the sign to one of a heeler, he is a total terror, answers you back when you tell him off.:eek: I remember now how strict I had to be with the last one to teach her some manners.;)
 
Lets hope that the right to defend you and your property (which a field is) will hold up as I think they are trying to change the law.

Anyway I had two children from down the road come into my garden to get their ball. I have warned them if my dog is out and they let her out they will be in big big trouble. I have put a sign on the gate saying "dog in garden do not enter".

As to this day they have not come into the garden.
 
Yes, she would. I know someone who was in a similar position and her dog bit someone. She was prosecuted, now has a criminal record, had to pay a hefty fine, and the dog is on its final warning. She was very lucky it wasn't put down! It now has a muzzle on permanently when out (even on lead). They fenced off a garden-sized area for her next to the house and is the only place outside that she doesn't wear a muzzle.

As an aside, unless she wants the short cut to become a path she should actively discourage people from using it.
 
I had a problem like this. I have a little rescue terrier who has fear aggression. We had a workman who needed to come into our yard to access a part of next door a while ago. He had been told to come to our gate and let me know he was here so I could lock our dogs in then he could come in. He did this, I told him under no circumstances come in until I have got the little terrier. I got the other 4 dogs, shut them in (which took all of about 30 seconds so it's not like I really kept him waiting), was just going back for the little terrier and I hear him screaming (the dog not the bloke). I ran out and the idiot had jumped over the gate and was trying to kick my dog round the yard like a football :eek: I just flipped and threw the bloke off the yard and refused him access. Few days later we get a letter from him alleging my dog had bitten him and trying to claim money from us for damage to his clothes etc (Oddly enough he was unable to provide evidence of the alleged damage :rolleyes: )

Anyhoo, I went to see a lawyer about it, explained the whole thing, and admitted that it was very possible that my dog flew at him. She told me that because the dog was not in a public place and he was basically trespassing we were not liable for anything so he could take his claims for damages and jog on. She seemed to think that even if he could provide evidence it wouldn't matter :confused: Which appears to contradict what most people on here have said :confused: So I don't know which is right but the lawyer wrote a letter to him on our behalf explaining that we were not liable and why and he never responded. So that was the end of it, except it set my terrier's rehabilitation right back :( I have been working on him though with meeting strangers (friends of mine but strangers to the dog), and he is improving again :)
 
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