Re: I've been REALLY stupid :-/
[Re: Judy Troiano ]
#106656 - 05/15/2006 10:55 PM |
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Reg: 09-18-2003
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Loc: Iowa City
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The fact is that if you have a sign they can say you are aware of your dogs potential to bite. Put the locks on the gate and you are taking reasonable precautions to protect others. But even if someone climbed over your fence and was bitten, you will be sued!!! Gotta love free society. <img src="/ubbthreads/images/graemlins/grin.gif" alt="" />
Michael Wood |
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Re: I've been REALLY stupid :-/
[Re: Michael Wood ]
#106657 - 05/16/2006 04:14 AM |
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Depends what you guys mean by a "lock". I have a latch on the inside which you have to reach over the fence to open. If you mean a "lockable" "lock" ( ) then I'll have to think about that as it's a right pain in the grass.
How much of "people entering your property" is tresspassing? With or without a sign?
I think you all may be right on the sign though! I'm gonna change it to a "no entry" sign and also get a "funny" GSD captioned picture to put up so that it's NOT a warning as such.
Janice, I see your point about the dog run but why should I have to spend more money when my yard is already fenced and latched? Surely people should NOT be coming in to my "private" area?
Cheers
John
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Re: I've been REALLY stupid :-/
[Re: John Aiton ]
#106658 - 05/16/2006 06:12 AM |
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I attached keyed locks. Four keyed locks. They use the same key but still a lock, and so far I don't seem to have the key with me when I need it.
I'm thinking about using posted signs. In the US, and in NY, 'posted' signs tell people that the property is not to be trespassed on, trapped on, and/or hunted on. They have a little more of the 'official' look than a beware sign. Of course, then I'd have to 'chew' and expectorate, and let the beard grow longer and be untrimmed, and wear bib overalls, and look and play the part of hermit.
Wait a minute... with the exception of the 'chew' thing, I just described me.
I still assert: you can not save people from themselves.
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Re: I've been REALLY stupid :-/
[Re: Judy Troiano ]
#106659 - 05/16/2006 06:58 AM |
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Locking the gate, although a pain at times, will prevent someone coming in for any reason including trying to steal your dog (yes some people would be that stupid).
When I was in High School I babysat for a police officer that had a K9 partner. The gates were not locked (no problems with theft back then) but were clearly marked. One day a delivery boy ignored the signs (yep, he told me he'd read it)and came into the backyard. The dog basically had him cornered and was just waiting for the command to take him down. I gave the out command (I forget the German) but I bet that boy never ignored a sign again. <img src="/ubbthreads/images/graemlins/grin.gif" alt="" />
"A dog wags his tail with his heart." Max Buxbaum
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Re: I've been REALLY stupid :-/
[Re: Mike Arnold ]
#106660 - 05/16/2006 07:00 AM |
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Reg: 09-22-2005
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Mike, your post was hysterical.
John, my gate is locked by a key. But if they really want to come in, they can climb over a gate and onto my patio. Therefore, I too would like to know the answer to the question you posed (and I'm paraphrasing), "When is my backyard mine to enjoy and not a lawsuit waiting to happen due to nit wit trespassers"?
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Re: I've been REALLY stupid :-/
[Re: Judy Troiano ]
#106661 - 05/16/2006 08:25 AM |
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Reg: 09-18-2003
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Loc: Iowa City
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Spill hot coffee on your lap... and sue Mickey D's. <img src="/ubbthreads/images/graemlins/wink.gif" alt="" />
You have a reasonable expectation of privacy and protection in your own home and the surrounding area. But that will not stop someone slipping on the sidewalk and sueing you. In a civil law course I had, they talked about such a thing as a tresspasser jumping your fence and gettting bitten. He sued...
That is why we all have Homeowners Insurance!!! <img src="/ubbthreads/images/graemlins/grin.gif" alt="" />
(Check with your insurance company, some will not insure certain breeds, or may have higher rates if you have a dog.)
Just be smart. Take the reasonable precautions. IE: a fence of height to contain the dog, a lock on the gate that would require an adult to physically open. (your lock that you have to reach over to open would be such a lock, or a quick combo lock like those 3-4 digit locks... only change the last one when setting, its quick and easy)Doing this shows that you have taken the "reasonable" steps to preventing such an accident.
This will not prevent a lawsuit. (In Iowa a kid walked into the fenced area with a dog and was bitten, his family tried to have the dog destroyed... where is Larry the cable guy with the "Here's your Sign") If it went to court and you took precautions you would probably win... but the majority of civil cases do not go to court... the insurance company will settle. <img src="/ubbthreads/images/graemlins/grin.gif" alt="" />
Gotta Love American Justice!
Michael Wood |
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Re: I've been REALLY stupid :-/
[Re: Michael Wood ]
#106662 - 05/16/2006 08:38 AM |
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Reg: 09-18-2003
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John,
I see you are from Scotland, these laws and rules may be slightly different. Check with your local sheriff and/or the Scotish Courts.
Michael Wood |
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Re: I've been REALLY stupid :-/
[Re: John Aiton ]
#106663 - 05/16/2006 08:42 AM |
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Reg: 04-19-2005
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quote "Janice, I see your point about the dog run but why should I have to spend more money when my yard is already fenced and latched? Surely people should NOT be coming in to my "private" area?" endquote
Oh, John, I ABSOLUTELY agree with you. <img src="/ubbthreads/images/graemlins/smile.gif" alt="" />
<img src="/ubbthreads/images/graemlins/mad.gif" alt="" /> Unfortunately, in the US, anyway, the reality is...if a person who is blatantly trespassing is injured on your property, chances are better than 50/50 he will wiin, if he brings suit against you for the injury (any injury, not just dog bites). You may win, if you press trespassing charges, but you are going to waste a lot of court time, pay a lot of lawyer money and court fees. And, if it is a dog bite, your dog is going to have to spend some time in quarantine. That's why we (my husband and I) have to pay a lot of money for home-owner's liablity insurance on our farm, even though our farm is clearly posted, we've got the purple paint AND signs, and our yard, where my dogs run, is fully fenced.
Janice Jarman |
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Re: I've been REALLY stupid :-/
[Re: John Aiton ]
#106664 - 05/16/2006 06:11 PM |
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Reg: 10-20-2005
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Loc: Long Island
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I have my fence laden with bolts that prevent anyone from getting in from the outside. I have a bolt on the top, a bolt in the middle and a bolt on the bottom of the inside, and bolts on the top & bottom outer sections. So, if someone unbolts the outter section and then reaches their hand over to unbolt the inner top bolt, the gate still won't open unless they squeeze their arm in to unbolt the middle & bottom. Way too much work, and if someone were to do that, chances are I'd catch them before they even opened it. Plus, the fence will squeeze their arm if they're trying to unbolt the middle and bottom sections. Honestly though, if you don't have a six foot fence you probably shouldn't leave your dog out unattended now that you know he's an attractive nuisance to kids. That fact in itself brings out a whole 'nother' can of legal liability.
Here's a sign people in England are using so that they don't have to boldly say 'beware of dog' and imply they're aware of their dogs propensity:
http://www1.istockphoto.com/file_thumbview_approve/319790/2/istockphoto_319790_sign_no_entry.jpg
I've heard they sell them in a plastic sign version. The thing is, do children know what that symbol means?
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Re: I've been REALLY stupid :-/
[Re: Barbara Erdman ]
#106665 - 05/16/2006 06:24 PM |
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Reg: 04-27-2004
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Loc: Central FL
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What if you had a sign that said "Enter at your own risk?" Doesn't say why not to enter... I like the mentioned sign about bewaring the owner, NOT the dog! <img src="/ubbthreads/images/graemlins/laugh.gif" alt="" />
I believe in Florida that if a dog bites someone who is on the property uninvited or, if invited, turns to teasing the dog or attacking the dog/owner, the dog/owner is not held liable. That's how it's written on the books, however.
I would post a sign with the dog bite laws on it with the applicable part highlighted followed by a notice stating that "by entering upon the premises, you understand and acknowledge the laws as stated," in English and Spanish... wonder if that would hold up in court or just ask for more trouble?
Since when did we turn away from protecting ourselves to protecting the ignorant, stupid, and money-grubbers?
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