Can They Get In Trouble For This

[mixeduppup]

I have friends that live up Newcastle area and they have a GSDX desexed male who is very protective of their yard. They have friends who visit quite often an know the rules, no one enters the backyard whether you know the dog or not, come to the front door or window and knock. For some reason their friends decided to come into the backyard with no one knowing or giving warning and the dog came running around the side of the house and bit them, apparently they had to go to the dr to get one of the wounds seen to. Their friends were told numerous times not to go into the yard because he was protective and would maybe bite them, they did it any way. They have a sign up that says don't enter back yard. Could they get in trouble for this? I told them I didn't think so. The dog in question is usually a saint if they're there, but takes his guarding very seriously.

Edited September 3, 2012 by mixeduppup

[Simply Grand]

Edited coz I quoted myself instead of just editing - see below :)

Edited September 3, 2012 by Simply Grand

[Simply Grand]

I wouldn't have thought so. Don't the regulations in most places allow dogs to protect their owners property? Have the friends (ones who were bitten) said they are planning to report the incident?

[hortfurball]

Look, the friends are idiots in the first degree for entering the yard when told not to (and you have to wonder WHY), but legally, if they report it, the dog could be seized.

In my opinion they should take responsibility for their own stupid actions but I see the end of a friendship if they do report it.

[ellz]

Short answer is yes.

[megan_]

I believe so. If people get bitten for entering the yard why not put a padlock on the gate to stop them?

[Dame Aussie]

Yep, have they said they are going to report it?

[mixeduppup]

I just spoke to them, their friends said they were stupid and thought the dog wasn't home or out for a walk as they rattled the gate and he didn't come around. I've met the dog on a number of occasions, he's a big beautiful boy with impeccable manners but is very territorial when he's not with his owners and on his turf. They did try padlocks but in the area they live the padlocks were cut twice, no one actually got past the gate as the dog heard them cut the locks and came pelting round the side. That's when they put the sign up. Everyone is very aware of the dog and the rules surrounding him, as they pretty much keep to themselves and have had the same friends for years.

Edited September 3, 2012 by mixeduppup

[ellz]

The sign admits liability. The dog and his owners are walking a very thin line.

[hortfurball]

The sign admits liability. The dog and his owners are walking a very thin line.

Depends what it says. If it only says "Do not enter - private property" or something without mentioning a dog then it doesn't admit liability.

I'd still like to kow what business these people had that necessitated going around the back of the property when the owners weren't home.

[mixeduppup]

The sign says "Don't enter back yard"

The owners were home but were inside, they didn't hear the car and no one tried to go to the front first.

Edited September 3, 2012 by mixeduppup

[Kadbury]

The sign admits liability. The dog and his owners are walking a very thin line.

Depends what it says. If it only says "Do not enter - private property" or something without mentioning a dog then it doesn't admit liability.

I'd still like to kow what business these people had that necessitated going around the back of the property when the owners weren't home.

+ 1 = If they thought the dog was out walking maybe they were up to no good.....

[Dogsfevr]

padlock the gate & problem solved & friends need to learn what respect is

[mixeduppup]

I'm thinking that maybe they were just old friends and thought they knew the dog well enough and wanted to go to the backdoor as their house is big and they spend most of their time in the back rooms. They aren't the kind of people to befriend untrustworthy types.

[megan_]

padlock the gate & problem solved & friends need to learn what respect is

yes - a child whose ball goes over the gate won't be able to read the sign. My dogs are much smaller than a GSD but no one can get into my property without keys.

[mixeduppup]

I might tell them to get a deadlock for the gate as they've tried padlocking and people keep cutting the locks. Thank you

[tdierikx]

You can get padlocks that are resistant to cutting off...

T.

[GeckoTree]

Not in my neck of the wood they couldn't. In fact they would be torn a new one by the magistrate!

[Tralee]

It is not an offense if the dog is protecting property.

[Salukifan]

If you want to know if something will get the dog in trouble, it pays to check the law.

Companion Animals Act 1986 (NSW)

16 Offences where dog attacks person or animal

(1) If a dog rushes at, attacks, bites, harasses or chases any person or animal (other than vermin), whether or not any injury is caused to the person or animal:

(a) the owner of the dog, or

(b) if the owner is not present at the time of the offence and another person who is of or above the age of 16 years is in charge of the dog at that time—that other person,

is guilty of an offence.

Maximum penalty:

(a) 50 penalty units except in the case of a dangerous or restricted dog, or

(b) 300 penalty units in the case of a dangerous or restricted dog.

(1A) The owner of a dangerous dog or a restricted dog is guilty of an offence if:

(a) the dog attacks or bites any person (whether or not any injury is caused to the person), and

(b) the incident occurs as a result of the owner's failure to comply with any one or more of the requirements of section 51 or 56 (as the case requires) in relation to the dog.

Maximum penalty: 500 penalty units or imprisonment for 2 years, or both.

Note.

Conviction for an offence under this subsection results in permanent disqualification from owning a dog or from being in charge of a dog in a public place. See section 23.

(2)

It is not an offence under this section if the incident occurred:

(a) as a result of the dog being teased, mistreated, attacked or otherwise provoked, or

(b) as a result of the person or animal trespassing on the property on which the dog was being kept, or

© as a result of the dog acting in reasonable defence of a person or property, or

(d) in the course of lawful hunting, or

(e) in the course of the working of stock by the dog or the training of the dog in the working of stock.

(3) This section does not apply to a police dog or a corrective services dog.

Short answer - if they entered the yard without permission, then no, the dog is NOT in trouble unless it was a declared dangerous dog and outside its enclosure.

Your friends need to secure that yard pronto.

Edited September 3, 2012 by Haredown Whippets