Saturday, August 7, 2010

Am i covered in case my dog bites the neighbor's kids?

Some new neighbors have moved in next door. Their youngest boy, probably 5, is throwing his toys into my backyard, then climbing the fence to get them. I have a large dog in the backyard. He's on a 30 foot line, so he can't reach anyone unless they walk up TO him, and I have locks on the gates, as well as signs reading ';Beware of Dog'; and ';No Tresspassing';. I've taken pictures of all the precautions I have made. I have also addressed his parents of the situation, but they didn't reprimand him very sternly, and they seem tuned out. I'm worried the kid may keep hopping the fence and one day approach the dog. Worst case scenario, if the kid approaches the dog after all I have done, and is bitten....and the parents go and cut the signs off, and the locks off and say ';This guy's dog mauled my kid.';, what happens?Am i covered in case my dog bites the neighbor's kids?
I would talk to the parents first in an attempt to remedy the situation. If the parents do not seem to care...then consult an attorney


Unfortunately putting signs like ';beware of dog'; admits guilt that you have an aggressive animal. Secondly i would consider getting a higher fence very soon and asking the neighbors to contribute.





Unfortunately as the previous post reads...the owner will still be held responsibleAm i covered in case my dog bites the neighbor's kids?
Well, the kid is tresspassing. Tell the parents that if the child comes into your yard one more time you will charge them with tresspassing and that should get them to stop.





You could invest in a video camera, with a view of one of the signs if possible, and catch the kid in action.





Put something on top of the fence, some barbed wire, something to keep the kid off. Heck, make it electric for a good laugh.





Be prepared for some bitterness from the neighbors. They aren't going to like you doing something like this.





Take your dog to some obedience classes. Teach him not to bite... it's not that hard, actually, with a little determination and a LOT of chicken :)
You better check with your insurance carrier. And talk to the parents that are next door.





If the kid comes in your yard and provokes your dog, and you can prove adequate containment/control of your dog...then you would not be responsible.
If your dog bites a kid, you are 100% responsible.





You can get sued for HUGE money. And you dog put down. And lose your homeowners insurance, or your home to rent.





A teathered dog is even more dangerous than one who can get away from an intruder.





This is why GOD made Chain Link..or even welded wire kennels. Get one. Today !! Put a padlock on it if you have to.





Then call the police or sherrif and have THEM go talk to the family about their child tresspassing in your yard. Make a report so it is KNOWN that you have alerted the parents to the danger, and that you don't allow tresspassing.





Remove signs that say Beware of Dog, and get signs that say Guard Dog On Duty. Talk to a lawyer if you'd like. I've been told Beware means you are saying you know your dog is unpredictable or vicious, but Guard Dog On Duty, means you have a dog intended to drive away intruders. There is a difference in liability.












It varies by state, but most states go by the following:





A dog owner cannot be held responsible for bites that occur when the dog is in a place it has every right to be. IE, your own yard. The dog must be confined by either a chain or a fence. You've done both, so you're good there.....there's no law against keeping the dog on the line.





I'd hang on to the pics, because as you said, some ******* WILL let their children run amock with little or no discipline.....unfortunate that any idiot can have children. So yeah, if the kid DID get bit after all you have done, theyd probably just as soon cut the locks and remove the signs and blame you for the attack. Cover your *** and hold on to your butt. Leave the signs up for the child's sake, since the parents probably won't talk sense to him any more.
Sounds to me like you've taken alot of precautions. One thing that could help would be to re-take some of the pictures with a witness there. Alot of people try to put up signs the day before court and say ';But I have all these signs up....';. Make sure you can attest to the validity of your precautions.





Put some tar on the top of the fence. That'll keep the little bugger out.
First off where I use to live by putting up beware of dog this is saying you know the dog is aggressive and you could actually be held more responsible


No trespassing signs where I live mean nothing.


If someone trespasses it's your responsibility to take them to court ( in this case the parents as they are responsible)


I've also been told by cops that you are responsible for what your dog does even if confine in it's owners property even if someone trespasses.


I would suggest talking to the parents one more time and let them know that if something goes over the fence they are to come to ask you to get it for them. If this isn't done you may have to go to the authorities
The parents should be more caring about this because, the kid has not just thrown the toys once, your dog has his right because he didnt bother the kid, the kid went and bothered hi in his own yard
call your local pd. you have signs posted and you have talked to the parents. they need to be responsible for their child and since they aren't maybe the local cop can encourage them to do so.
it would be their fault, one for leaving their child unattended and two for not listening to you the first time you addressed them about it. You have taken all precautions to make sure that your dog is safe from the public and the public is safe from the dog. But still even with all of this a court may rule in favor of the child
A: Dogs should not be left outside unsupervised, as they can be a target for mistreatment, torment and other means of physical harm by people and children.





B: Dogs should not be tied, unless supervised, as the dog may react with the flight or fight instinct should the child approach the dog; as the tie is keeping the dog from fleeing danger, the dog will respond with biting/attacking.





I think you should be more worried about your dog's wellbeing rather than if you're covered or not. It would be completely understandable if your dog did maul this child, as you've basically set him up for this, and you'd be at fault.





Find the dog a better home.





Add: Even if your dog is not aggressive, from being tied down and left in an isolated area, your dog may develope territorial aggression and will react out of instinct if the unfamilar child approaches him. A chained and isolated dog is a dangerous dog, and anyone within the dog's reach is a potential victim, regardless of the dog's temperament.





http://www.unchainyourdog.org/


http://www.dogsdeservebetter.org/home.ht鈥?/a>





If you are worried about your dog mauling a child, you need to revamp your ways of caring for your dog.





These kinds of things are 100% preventable, and it starts with responsibility and common sense.
Sounds to me like you're covered. you've done all you can. just make sure you have proof just in case anything does happen.
You are clearly covered. Remember to keep all those pictures of the signs. You have done all you can to keep that little boy safe.
Sounds like you have everything covered, I would make sure the dogs ALWAYS updated on its shots always though (otherwise they could claim the dog was rabid, and the only way to test for that is to decapitate the poor thing)








Good LUCK!!!!!
You should know your dog well enough and he should be trained well enough to know not to bite a child. I think you're setting yourself up for disaster. Take the dog for some much needed training and don't leave him tied up outside unattended.
If you catch the boy at it, tell him to stop and that the dog WILL bite him... and make sure your pictures are dated.
Nope.





Check with your lawyer, but I believe a dog is considered an ';attractive nuisance';, like a pool, which means that even if the kid is trespassing and gets bitten (or drowns in the pool) you are liable.





And the fact that you have ';Beware of Dog'; signs can be used to demonstrate that you already knew you had an aggressive dog.





My only suggestion is not to leave the dog outside unattended.
It was ruled in one state I read about that the dog owner was at fault because the child who climbed into the yard and was bitten could not read the ';Beware of Dog'; signs. I hope your signs have pictures of vicious dogs on them or you could ask an arty friend to paint some for you.





Keep a notebook listing the days and times you have spoken to the child and its parents. Talk to them daily, if necessary. They seem clueless so keep telling them about their child climbing the fence (show dated photos of this for every time you can catch the kid in the act, if possible) and try to make the boy understand, too.





Call the non-emergency Police number and ask if some officers could come out to talk to you about this problem. Get it on record that you do care and have made efforts to prevent a potential tragedy. Maybe they can talk to the parents, too?





Is there some kind of barrier you could put up on the top of your fence, that would keep the boy out? Ask the Police for advice on this as you don't want the boy to fall off your fence and get hurt, either. Would a taller fence help? A covered dog run? Would it be okay to plant rosebushes or blackbery vines or some other scratchy, prickly plant as a child deterrent around the perimeter of your yard? Please ask.





Call child protective services and see if they can come out and talk to the child's parents. Explain that you're worried and the parents don't seem to care that their child keeps entering your yard.





Call the local animal shelter/humane socoety and ask for help. I don't know what they could do but you should ask. They may have some good advice.





Do all you can to document and leave a paper trail that proves you have done your part to keep the child OUT of your yard. Even if they cut the locks, etc, you will have your photographs and notebook.





Lastly, talk to a lawyer. Most will answer a question or two for free. Find out for certain what your legal standing in a worst case scenario would be.


Good luck to you and hope they'll move soon.
Send a certified letter, return receipt requested (keep a copy of the letter) to the parents explaining the situations, the precautions you've taken, and how you want to be a good neighbor and respectfully request that they keep their child out of your yard. That would be additional proof that you've done everything you can do. I think consulting an attorney would be a good idea, too.
You, you, you. YOU are the one responsible for your dog. People get sued all the time for kids falling out of trees, falling off trampolines, etc. You are ultimately responsible.





Why do you have an aggressive dog chained up in your backyard?
This depends on where you live, if there is an spca, or any other sort of ';animal authorities'; or humane society, you should let them know about the situation, and as long as your yard is labeled and locked they way you say it is, im sure they will label your dog a ';non-threat'; and try to get ahold of the child's parents and find out why they aren't watching their child when he's in the yard alone. No parent should just ';let'; their child climb the neighbors fence, especially if this particular neighbor has a sign the clearly states ';BEWARE OF DOG';. I know I wouldn't risk my child's safety like that. However, if you are in a more secluded area with just a small pound that euthanizes animals at the slightest sign of aggression, and police that don'tt bother to investigate when a child has been bitten, your dog is at risk because these people are going to be lesslikelyy to care about whether you had signs or a locked gate, or even that he's tied up, they are just going to want to put him down cause he bit someone. PLEASE, for your dogs safety, getaholdd of the proper authorities, give them the pictures you have, and find out what WOULD happen if he bites this child, because no dog deserves to be put-down for doing his job.
I don't think they would cut the signs down or cut the locks off. That would be defacing someones property.


Just continue to ask them to keep there child in their yard.


A child that age should not be left in the yard unsupervised anyways.


It would be their neglect not yours if that were to occur.
I think if I were you I would consult an attorney and have him write a letter to the kids parents. it's worth $100 and the peace of mind
Id put up barbed wire along the top of the fence.
What happens is you lose your house, and your wages are garnished for the rest of the kid's life. It's time to either move, find another home for the dog, or install a 6' fence. This is a bad situation waiting to happen, and you have the 'attractive nuisance'.





There is no jury in the world that is going to let you off the hook if a small child is mauled by a dog, whether he was supposed to be there or not.
This actually happened to me. I foster a lot of dogs, and some are very sketchy of kids when they first come to my home. I have many kids that come up to the fence that are respectable, and I have told them to only pet MY dogs, if there are any other dogs there, don't stick their fingers through the fence because they could get bit. Now, there are a few other ones that will squirt water guns at my dogs, and stick their hands in the fence, or throw the balls over the fence so they can hop it and play with the dogs. I too, have beware of dog signs plus padlocked gates. I brought a form over to the house of the parents that I wrote up, stating that I will not be held responsible if one of the dogs bites their child, because they go into the yard without permission. They weren't happy about having to sign it, but it has made it easier on me, because now the kids will knock on the door if they lose something in the yard. I also explained to the parents that if they didn't agree to it, to at least sign and date the form, showing that i was at the house, made an attempt to prevent the problem.





Hope this helps! Good luck!
I think I would take pictures of the signs and locks. Of the kid trespassing too if possible. You might check with your homeowners insurance. At that age talking to the child would do no good. Talking to the parents should have produced more vigilance on their part. They are poor parents. It is possible they might try to sue for a dog bite. Best advice would be talking to a lawyer.
Generally, the kid trespasses on the property without your knowledge and consent and the dog is confined, you would not be liable for injury, BUT laws vary from place to place. Even if the kid was trespassing, if your dog bit the kid, the dog could be reported as vicious and dangerous, taken from you and euthanized, even if you were not considered financially liable for the bite. If you're concerned that the parents may remove your locks, signs, etc.keep the photos of the precautions you have taken just in case you need them later and it would be good if they are date-stamped. A local attorney or your insurance agent may be able to tell you more about liability in a dog bite case in your specific location.

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