Law regarding dogs on your property.

OK, some of you may remember this thread

http://forums.sv650.org/showthread.php?t=150570

But I've just seen it with my own eyes out the kitchen window.

A courier was trying to deliver a parcel to a neighbour, and they had put on the instructions to leave in the back garden if they were not in, but where I live the back gates are off a communal parking area, and it's not easy to figure out which one is which.

So I'm standing at the kitchen sink when the back gate opens and in strolls this courier. Our back door goes out onto a fenced decking area with another gate. The courier approaches this decking from the side and reaches over to drop the parcel on the decking, just as the dog comes out of his kennel which is on the decking and goes for him, but he's stopped by the fencing and the courier withdraws in a panic and just about falls over backwards. The dog can't get at him through the fence around the decking, so runs for the gate on the decking to run around, whilst the courier regains his balance and runs for the back gate, slamming it behind him. When the dog reaches the gate he going mental barking with his teeth out, heckles up and jumping at the inside of the back gate. He is a rescue dog who was neglected by a previous owner, so he is a bit "special" when it comes to his behavior.

I ran for the back door, but it was locked, so I went for the front door to intercept the courier. Needless to say he was rather shaken, and I apologised, but told him not to go walking onto private property through peoples back gates! I took the parcel on behalf of the neighbor and he got back in his van and drove away.

Now anyone who has met this dog (he was at the GM3) knows he is the softest mutt on the planet, and the window cleaner knows to knock on the door and get me to re-introduce him to the dog after which he gets a happy welcome. You honestly would expect this dog to invite an intruder in and make him a cup of tea if you met him, but the dog clearly doesn't take kindly to uninvited and surprise intruders. I have no doubt now that the dog would bite them.

So, the back gate is now locked and will stay that way. I'll get a beware of the dog sign for the gate at the first opportunity as it can't be locked all the time, we use it a lot at weekends, I have to go through it to get to my garage. Is there anything else I need to do? I know owners are responsible if a postman is bitten on his way to a letterbox, but how would I stand if that guy had been bitten after strolling into my back garden, which is not a route for delivering mail, though what is clearly a private gate?

Up until recently you would have been right but AFAIK they have just changed all the legislation regarding dogs, I've not had a chance to read it but I am lead to believe both England and Scotland have changed making it an offence to have a dog bite/go for someone, even in private property. But I assume, perhaps wrongly, that common sense would be applied....I believe the point in the legislation is to try and prevent incidents like the little kids who have been mauled to death lately because if the dogs had bitten at home before, which usually they have, then the court could have had it destroyed if it was felt to be dangerous whereas legislation before wouldn't have allowed that.

[Mr Speirs]

I guess if you ever did get sued you could just counter sue for trespassing

[anna]

When we owned a large German Shepard when I was a kid that if you put up a "beware of the dog" sign and the dog really did bite someone, that the sign could be used against you as you have previous knowledge that the dog would harm someone.

The gate now has an A4 sheet of paper in a plastic sleeve pinned to it with drawing pins.

Beware of the Dog

Do Not Enter

Unaccompanied

My legal frameworks module was a few years ago now but this came up in part of that, property/access rights and land ownership IIRC.
Basically if you put a sign up, making anyone aware of any potential harm they may face then everything is hunky dory (with the exception to royal mail workers, they're never allowed to be harmed).

As part of that I remember some muppet asking the lecturer:
"so if I put a sign up saying come in and get shot. Then someone comes in and I shoot them, thats ok?" The lecturer assured us that TECHNICALLY we cant get prossecuted for the shooting itself because by reading the sign they agree to its terms, however we WOULD be charged under other (numerous) offences.
Its in a similar vain to the CCTV regulations which state if you have CCTV on your property you must put signs up to inform people they're been recorded, should you wish to use this footage for legal reasons then you must also be able to prove the signs were in place and visible at the time.

Assume there have been no revisions to these laws then, put a sign up and you're laughing.

Originally Posted by -Ralph-

The gate now has an A4 sheet of paper in a plastic sleeve pinned to it with drawing pins. "Beware of the dog Do Not Enter Unaccompanied"

Be more specific Ralph,

"DO NOT ENTER UNACCOMPANIED,
THE DOG WILL BITE INTRUDERS"

No mistaking then is there.

Also maybe some house numbers on the side gates may be a good idea lol.

[Old Git]

Perhaps put the house number on the note, so that peeps delivering to the 'wrong' house would hopefully see they are opening the wrong gate, can't hurt (unless you don;t heed the warning!)

[Viney]

This country is bonkers. So MBK, you are saying that if an intruder enters your property and gets bitten by a dog that 'lives' there, with the new legislation, they could sue the owners? Ridiculous.

Anyway thats by the by. My mate used to have 'Sod the Dog, beware of the wife' sign on his gate to which someone had written underneath 'Especially in the mornings'

As a past dog owner, its all about being responsible i suppose. If you have a 'Beware of the dog' sign on the gate and someone enters, then its their resposibility...or not as MBKs post hightlights. Nice to know that you do have a guard dog though.

Originally Posted by Viney

This country is bonkers. So MBK, you are saying that if an intruder enters your property and gets bitten by a dog that 'lives' there, with the new legislation, they could sue the owners? Ridiculous.

Anyway thats by the by. My mate used to have 'Sod the Dog, beware of the wife' sign on his gate to which someone had written underneath 'Especially in the mornings'

As a past dog owner, its all about being responsible i suppose. If you have a 'Beware of the dog' sign on the gate and someone enters, then its their resposibility...or not as MBKs post hightlights. Nice to know that you do have a guard dog though.

I'm not talking about anyone suing anyone else, I am talking about criminal legislation. It's basically so the courts would have power to deal with a dog that could potentially be dangerous but that has only ever bitten in its own home. I haven't read it, as I stated earlier, so I may have the entirely wrong end of the stick. Google it and I am sure you will find the new stuff.