Adam-- What would you say the reach of this decision is? Suppose someone in NY state is walking their trained protection dog on public property, and the dog is approached by someone who tries to pet it. If they are warned by the handler not to do that, that the dog may bite, under this case law would the handler be free of liability for the bite? What relevance is there in the fact that this case applies to private property and the imagined case above would be on public property? Is the case law cited by the court in a state court or federal?
Post some good info, get a whole bunch of questions. No good deed goes unpunished. <img src="/ubbthreads/images/graemlins/laugh.gif" alt="" />
This was decided in State Court. I'll be watching for an expected appeal.
I believe there is significance in the fact that this incident occurred on private property. While the imaginary incident you described would likely result in a finding of assumption of risk, I do not believe the dog's owner would be found totally free of negligence. He chose to bring a dog with propensities to bite into a public arena, where approaching strangers/children would or should be anticipated. The court would likely look at what precautions the owner took to avoid this forseeable incident.(i.e. use of a muzzle)
New York courts have been very inconsistent in dog bite decisions.
(if I can find it, I'll post a recent case from Brooklyn where a personal protection dog broke his chain and attacked a child in the neighborhood. The court also found the owner free of negligence because the incident was not, in the court's opinion, forseeable.)
I know up here, in one province as long as you put out a sign saying "beware of dog" then you warned people and you are not liable.
Mind you the province next to that province has the opposite law and if you put up a sign saying "beware of dog" and your dog injures someone then you ARE liable because you knew your dog was aggressive.
Just wish I remembered which province had which law <img src="/ubbthreads/images/graemlins/frown.gif" alt="" />
I was told that if you put a BEWARE OF DOG sign you are admitting that your dog might bite and therefore setting yourself up for a law suit.
When people ask if my dog bites (eventhough it's a friendly search dog) I say, "He has teeth", because even the most trained dog could bite. I don't want to say no, then something happen and a bite happens.
Lynn I agree with you, and I see how tact can play a role here, I may start using thats statement that "He has teeth".
Instead of saying "That all dogs bite, how do you think they eat". That usually will back the person off but it probably sends them away with a bad imagine.
But I do hate the "Crock Guys" that presence saying "Oh I know dogs, we understand each other". Moving in smiling with their hand extended, expecting to be excepted, even with the dog growling at him. We have had some near misses.
Sometimes you have to save the idiot, "Look man stay away from my dogs! Unless I say its Ok to touch them".
An assoicate mentioned having the dog wear side sign, "Trained Protection Dog, stay clear." Do you think thats would help or hurt his case? <img src="/ubbthreads/images/graemlins/confused.gif" alt="" />
Originally posted by Lynn Ballard: I was told that if you put a BEWARE OF DOG sign you are admitting that your dog might bite and therefore setting yourself up for a law suit. Yes, in either Ontario or Quebec, that is the law. The other province has the opposite law that as long as you warn someone you are covered.
I have heard that for your residence it's a good idea to have something like "German Shepherd Crossing" sign. It notifies people that you have a large dog without implying the dog is known to be dangerous. Those signs usually come with pictures so even children should have some idea of what it means.
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