[kaiayout]

WHAT IF your dog attacks someone/something at your house in fenced in yard? say you have a fenced in yard 4'+ feet and the only way in is over the fence or threw the gate with a no trespassing sign! and say for example your dog attacks a person in your yard out of fear or view him/her as a threat are you liable? (and same question with another animal)...... does anyone know the answer to this...... im guessing its state by state im in NYS and i cant find anything online about it at all!!!!! the reason i ask is that i was having a debate with a close friend of mine who had a 3yr old rottweiler about 4yrs ago that was put down because it attacked 2 kids (15yrs and 16yrs) for coming into his yard after a ball! the spca was called and said his dog was vicious and unsafe! YES IT WAS FENCED IN!

i say that the dog shouldnt have been put down and he shouldnt have been liable but does anyone know the
"law"....or is savvy in this area?

[Corryikilelet]

In MI we have dog bite laws that protect the dog owner in cases of trespassers and if the dog is protecting a human or property from a real threat. I don't know about NY. But I will say one thing, I have seen AC officers tell people in those type of situations that the dog HAD to be impounded and that the owner HAD to sign it over to AC for euthanasia or they would face charges. I have also heard of ACO's telling people that the dog in question is "now declared viscous and must be put down". That actually happened to a few people I've known over the years. The truth here is that only a judge can declare a dog viscous and order it be put down. But a lot of people believe anything someone in uniform says, are scared, aren't aware of their rights, and just allow the dog to be taken.

So, I'd say contact a lawyer and ask. Usually it's free to have a short phone conversation and you'll get better answers than you get online.

[Corryikilelet]

Oh, and there is a big difference between criminal liability and civil liability. If someone in that situation were ticketed and had to go to court, the judge could decide that they aren't liable based on the situation, but the victims can still sue civilly and may win depending on the judge and local law.

[dodadaxia]

I think it depends on where you live, I think that in Hamilton you have to have a dog on property sign or something like that because if you have a guard dog sign or anything that indicates your dog is dangerous makes you liable.

[JessiPollo]

If you have multiple signs warning of dogs around fense you are covered

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[DiatryDal]

No OMG. Depending on the sign it could make things worse.

[sPncEjF7]

If you have multiple signs warning of dogs around fense you are covered

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No.

[illignocearia]

It will vary state to state. I'm not in New York, so I don't really know. But what I do know is that if they are not held liable for the dog bite by the authorities, they could still be found guilty in a civil case. I'm not sure about torts in NY.
Does anyone remember the signs that were mentioned in another thread? Someone was talking about well-worded signs to make people aware of a dog on the premises. I can't find the thread, but I will be sign shopping soon and need some good ones.

[DiatryDal]

Its called a 'Dog on Premises' sign. That with a 'Private Property' sign is helpful. Not signs that say 'Beware of Dog' or 'Guard Dog on Property'.

[dodadaxia]

Its called a 'Dog on Premises' sign. That with a 'Private Property' sign is helpful. Not signs that say 'Beware of Dog' or 'Guard Dog on Property'.

^this if you have a beware of dog sign or a guard dog on duty sign it can be taken as you knowing you have a vicious dig

[whimpykid]

here, the law states that if said person was NOT invited, you arent held liable.

[illignocearia]

Its called a 'Dog on Premises' sign. That with a 'Private Property' sign is helpful. Not signs that say 'Beware of Dog' or 'Guard Dog on Property'.

Thank you, this is what I'm going to get for our yard. One for each side, and the gate.

[BqTyG9eS]

It depends on your area, really. And it's going to depend on the type of dog in many places as well. As sad as that is.

But here, you're not responsible for your contained dog's actions. My neighbor's dog lives on a chain in the backyard and that dog has ripped into a little boy who went after his ball and a doberman puppy being trained for therapy. And the dog's still there. So apparently a chain counts as being contained. In many places, however, the dog has to be fenced in to be considered contained.

And stay far, far away from signs that even hint that your dog may act aggressively to intruders. They'll take that as a sign that says you know you're harboring a dangerous animal. And that'll throw your dog straight under the bus. A sign stating a dog lives on the property is fine, but no signs about the dog watching or guarding. And definitely no beware signs.

I live in a place where many people use guns and dogs to protect their property, not security systems. So the law's lenient about that sort of thing. If someone is going to enter your fenced in backyard without your knowledge or permission, they're not going to get any sympathy if they end up on the wrong side of your dog.

[ZesePreodaNed]

Ask A lawyer...In Texas,as long as you have a "beware of dog" sign,then if someone/thing gets bit in the fenced in yard,its all good..

[kaiayout]

thanks for the replys!