dog laws
#57439 - 03/14/2004 06:56 AM |
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does anybody know if there is any laws against attack training or protection training your dog?
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Re: dog laws
[Re: John Jennings ]
#57440 - 03/14/2004 11:59 AM |
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I'm not aware of any criminal laws against protection training per se. However, there may be civil provisions which provide certain penalties for mismanaging a protection-trained animal. As many people on this board will tell you, the law usually steps in after training. For example, if your protection-trained dog bites someone, you will probably be sued in a civil action (even if the bite was "clean").
There are several types of suits that can be brought in this way, the most common being an action for negligence. In this type of suit, the plaintiff will argue that you breached some duty of care by not managing your animal properly, and will seek to introduce evidence of the protection training to show that you have a special duty to manage your dog. (BTW, that's correct-you DO have a special duty to manage protection-trained animals).
You can find out more about this by contacting your state's attorney general and asking what laws apply. They may already have a pamphlet or something on the subject.
You will also want to note the difference between "attack" training and protection training. They are not the same thing. Basically, an "attack" dog, or perimeter dog, will bite anyone in a certain area, depending on his training. A protection dog bites only on command, or under certain circumstances the dog has been trained to recognize as a threat to his handler or other persons. You'd be much more likely to get sued over an animal with "attack" training, because that animal will not differentiate between the good folks and the bad guys.
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Re: dog laws
[Re: John Jennings ]
#57441 - 03/17/2004 03:54 PM |
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Peter you say absolutely, then what are they??????
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Re: dog laws
[Re: John Jennings ]
#57442 - 03/17/2004 04:04 PM |
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what is the necessary signs needed on the outside of my gate? Also i was told if someone came in my gate on my own propriety a stranger that is, my dog will attack them i will be in trouble in this situation. Anybody out there know the answer a real answer no bull.
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Re: dog laws
[Re: John Jennings ]
#57443 - 03/17/2004 04:20 PM |
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John,
The answer is different for many states and locations. If you're really concerned about this, asking advice on a website is not the way to go, you'll have no proof that it's the correct answer. You need a local attorney from your own state/location for an accurate answer to your question.
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Re: dog laws
[Re: John Jennings ]
#57444 - 03/18/2004 07:24 AM |
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Having been in law enforcement for more years than I care to think about, the question of someone sueing you is answered easily. If you have a dog, and that dog bites someone, they can sue, no problem. Whether they prevail or not would be the question. Owning a protection dog, PSD, attack dog or just a pet that runs on your property is like owning a gun. You are responsible for it's actions. If you leave a gun in a location where can gain access and accidentally shoots themselves or someone else, you very well could be liable. Same as a dog, if you own it, and it bites someone, chances are very good you will be sued. It is most often the circumstances surrounding how the person recieved the bite that will dictate whether or not a subject prevails in litigation. Law enforcment is frequently sued relative a dog bite, even when everything was "by the book", rightous, cleared and determined a good bite.
DFrost
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Re: dog laws
[Re: John Jennings ]
#57445 - 03/18/2004 01:18 PM |
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John, in California the law has it in for the trespasser, or so it seems (I am no attorney):
Penal code 399.5. (a) Any person owning or having custody or control of a dog trained to fight, attack, or kill is guilty of a felony or a misdemeanor, punishable by imprisonment... or by a fine ..., or by both the fine and imprisonment, if, as a result of that person's failure to exercise ordinary care, the dog bites a human being, on two separate occasions or on one occasion causing substantial physical injury. ...
(c) Nothing in this section shall authorize the bringing of an action pursuant to subdivision (a) based on a bite or bites inflicted upon a trespasser, upon a person who has provoked the dog or contributed to his or her own injuries, or by a dog used in military or police work if the bite or bites occurred while the dog was actually performing in that capacity. As used in this subdivision, "provocation" includes, but is not limited to, situations where a dog held on a leash by its owner or custodian reacts in a protective manner to a person or persons who approach the owner or custodian in a threatening manner.
End of citation.
The laws you need to know (that I know of) are state, county, city, and case law-- penal, civil, and animal control. Since these are VERY difficult for private dog owners to bone up on, I think it would be great if protection dog clubs, and private trainers, could get together in their areas and provide a pamphlet and training program for their members on these things. I should think this would accomplish two things:
1. Minimize the risk of illegality in keeping and deployment of a protection dog.
2. Maximize the likelihood that the dog owner, and his/her club, would be recognized by the courts-- in the event of a trial-- as responsible.
Whatcha think? Would the idea have much appeal?
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Re: dog laws
[Re: John Jennings ]
#57446 - 03/19/2004 08:04 AM |
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Wow, I'm impressed with that. The "left" coast is known as the land of the *Mod* <img src="/ubbthreads/images/graemlins/blush.gif" alt="" /> so I'm surprised that California has such a well thought out law on the books. Imagine that, a law that actually attempts to protect the rights of the victim instead of the criminal!!. This law is very well balanced, the owner needs to demonstrate due diligence with the animal but if someone tresspasses or threatens the dog's owner the animal is free to do what it is trained to do with no incrimination. But, alas.... law or no law, the civil lawsuits will still be filed in case of a bite so you would still need to be very careful in any case, and I for one don't advertise that my dog has protection training. Better safe than sorry. <img src="/ubbthreads/images/graemlins/wink.gif" alt="" />
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Re: dog laws
[Re: John Jennings ]
#57447 - 03/20/2004 10:49 AM |
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Note, though, that that law is worded in such manner as to allow county and other regional laws which would create criminal or civil liability for dog bites of simple backyard trespassers. Case law can create important caveats in the state law, too. The state law seems pretty reasonable, but that's nowhere near the end of the story.
That is, no one should read that quote and think that he/she is not liable for a dog biting a trespasser.
California also has a "Home Protection Bill of Rights" which gives quite a bit of latitude for defense in cases of home invasion, rather than simple trespass.
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Re: dog laws
[Re: John Jennings ]
#57448 - 03/20/2004 11:06 AM |
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