a bit of advice needed please

RE: a bit of advice needed please

Alison Clare Hickman — Tue, 21 Aug 2018 02:37:11 GMT

Happy happy happy that valiant pooch is given thumbs up. Yaaay.

Humph. As expected, entirely despicable behaviour from the crook. Pah. Bring back public stocks. Rotten cabbage anyone?

Feel concurrently elated and deflated. But more elated, I've decided, as furry hero lives to guard another day, in his slippers, by the fire, with cuddles...

RE: a bit of advice needed please

Sal the 1st — Mon, 20 Aug 2018 20:34:29 GMT

dog is in the clear and security guard(s) have been employed (costing an arm and a leg) and the dog stays with them. The burglar who caused all the problems was bailed and then failed to appear - says it all really

RE: a bit of advice needed please

Sal the 1st — Fri, 10 Aug 2018 20:58:23 GMT

blood was found on the exterior of the door - and cctv shows that they weren't intercepted by the dog until they were already in the building and they never got anywhere near that door again.CCTV also shows that the dog did not attack or bite at any time as was alleged. So if the blood is on the outside of the door the injury was sustained before the dog got anywhere near him - ie probably as a result of breaking in, which is probably why it didn't look like a bite but more like a scrape in the first place.

We are looking at a few options including employing a security guard and using a running line for the dog (I am not too keen on a running line but if thats what it takes to ensure the dog isnt put at risk like this again then I suppose it will have to be).

This has been a horrible week not knowing if they would end up losing the dog or not. He might be a guard dog but he is also a pet and part of the family and he was only doing his job.

RE: a bit of advice needed please

Meldogg — Fri, 10 Aug 2018 10:10:22 GMT

Having spent 10 years as a Police Officer I had never seen a case where a dog or indeed a person defending their property using reasonable force, get prosecuted. I think that common sense should prevail and the dog should be fine. Please let us know the outcome

RE: a bit of advice needed please

molladog — Wed, 08 Aug 2018 08:05:09 GMT

Fingers crossed for him Sal, scumbags who break into properties should be automatically jailed as guess what, they should not be there in the first place. I can never get my head round the stupid law on this issue.

RE: a bit of advice needed please

Sal the 1st — Tue, 07 Aug 2018 19:19:43 GMT

Thank you both for your replies. I really hope this isn't going to be bad news for the dog. Waiting to hear back about this mornings meeting

RE: a bit of advice needed please

Alison Clare Hickman — Tue, 07 Aug 2018 11:26:33 GMT

https://www.inbrief.co.uk/animal-law/guard-dogs-and-the-law/

RE: a bit of advice needed please

Alison Clare Hickman — Tue, 07 Aug 2018 11:24:53 GMT

Guard dogs and occupiers’ liability

Occupiers’ liability has limited application in relation to dog cased. The act of keeping a dog give rise to an ‘activity duty’ rather than an ‘occupancy duty’ and hence damage done by dogs to visitors will rarely result in a case being brought under the Occupiers’ Liability Act 1957. As for trespassers and the Occupiers’ Liability Act 1984 (the 1984 Act) the cases prior to this Act drew a distinction between ‘deterrent dangers’ and ‘retributive dangers’. This distinction was preserved in the case of Cummings v Granger (1997) and the occupier will only be liable for retributive dangers. In other words, if a burglar happens to come across the occupier’s dog and is savaged, liability will not follow. If on the other hand the occupier sees a trespasser on is land and sets the dogs on them, liability may well attach under the 1984 Act.

Although keeping dogs as a deterrent against trespasser should not lead to liability under the 1984 Act, consideration does need to be given to the Guard Dog Act 1975 if the premises is not agricultural or a dwelling. This Act prohibits the use of a guard dog unless it is under the control of a handler or chained up.

https://www.asdonline.co.uk/news/2008/11/liability-bites

RE: a bit of advice needed please

Abigail R — Tue, 07 Aug 2018 09:52:48 GMT

Unfortunately in NZ there is really no fall back. People should be able to approach private homes (assume this is for business as well) and make it to a door unhindered by the presence of a dog. There is an argument that just because there are signs or pictures, does not warrant enough of a warning as the person may not be able to read, or understand the signage. Basically here it all goes against the dog, and they usually get the fall out. I suppose the flip side is our local bodies are usually more willing to slap a menacing or dangerous sticker on them and force them to wear a muzzle in public as opposed to euthanasia, but unfortunately these days there is no accounting for stupidity and the dog always comes out on the bottom.

I think the best thing is to co-operate, don’t try to hide the dog, and gather references from places like their usual vet, neighbours, business goers and the like supporting the dogs usually good nature. Hard to say in a different country as the legislation is likely different!