ACOFunStop.Com Forums

Go Back   ACOFunStop.Com Forums > Talking Shop > Ask the ACO

Reply
 
Thread Tools Search this Thread Display Modes
  #1  
Old 06-29-2005
vagirl
Guest
 
Posts: n/a
Default what if

I have a six foot fence surrounding my yard and the 14 year old neighbor keeps jumping it to retrieve balls etc. I have told him not to do that as I have a scnauzer that bites. Am I responsible if he is bitten while trespassing in my yard.
Reply With Quote
  #2  
Old 06-29-2005
Mark Kumpf's Avatar
Mark Kumpf Mark Kumpf is offline
Administrator
Site AdminGiga-posting ACO
 
Join Date: Jun 2005
Location: ACOFunStop.Com
Posts: 2,012
Mark Kumpf has disabled reputation
Default Fence issues

Disclaimer - NOT A LAWYER - NOT LEGAL ADVICE...

If your neighbor is "trespassing" make sure your property is properly posted. DO NOT use BEWARE OF DOG signs. Your dog is innocent and would never bite anyone. BoD signs indicate you know otherwise. Make sure you advise your neighbors child and parents pleasantly in writing that should he lose a ball in your yard, he should come to the door and ask persmission to enter your property. Specifically do not mention the dog. Note that should he enter the yard without permission, he is trespassing and you will not be responsible for any injuries and HE & HIS parents could be responsible for damages to your property or fence. Send two copies (1 certified, 1 not) to the address. Keep records of all of your correspondence and conversations. Bottom line, he gets bit - You will get sued. He falls and breaks his leg - You will get sued. The key to this is NOTICE. Once he and his family are on notice that your yard is OFF LIMITS, this shifts the burden of proof to his camp that he 1. had permission 2. you were negligent. If you have documented this and kept your paperwork, you may prevail in a lawsuit. It doesn't mean you WON'T get sued in the first place. If you haven't done so already, take your dog to obedience school or have it evaluated by a behaviorist who can offer you a K9 Good Citizen certificate or the equivalent. Build the case that your dog is an angel that way any attack that may occur can be dropped back in the lap of the person who "must have seriously provoked my obedience trained, good K9 citizen beyond any reasonable level in order to have forced my dog to bite to protect itself...."

Hope this helps...
__________________
Mark Kumpf
ACOFunStop.Com
Administrative Staff
Reply With Quote
  #3  
Old 06-29-2005
hopespringseternal hopespringseternal is offline
Probationary Trainee
 
Join Date: Jun 2005
Posts: 11
hopespringseternal
Default

Mark is correct ! Follow his advice and you should be fine. Depending on where you live, check your ordinances, you might be able to head off trouble with a trespass warning.
__________________
DBehiels.
Reply With Quote
  #4  
Old 06-30-2005
BA ACO BA ACO is offline
Certified Posting ACO
 
Join Date: Jun 2005
Location: Broken Arrow, OK
Posts: 82
BA ACO
Default

also remember to make sure your animal is current on its rabies vaccinations. If it is not then your dog will have to spend some time in quaratine at your local shelter or local vet.
Reply With Quote
  #5  
Old 07-02-2005
luv k9s luv k9s is offline
Probationary Trainee
 
Join Date: Jul 2005
Location: woodbridge virginia
Posts: 1
luv k9s
Default what if

vagirl wants to say thank you to all for the valuable info....Thanks everyone that responded!!
Reply With Quote
Reply

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump


All times are GMT -4. The time now is 08:23 PM.


Powered by vBulletin® Version 3.7.1
Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
Copyright 2005-2007 ACOFunStop.Com. All rights reserved.