I defend dog bite cases here in New York. I have a number of interesting cases which I could share, but I'm not certain if I am allowed to post them on this forum without permission from the forum owner.

In any event, each state is different in it's handling of negligence cases, particularly when it concerns dog bites.

In NY State, a person who owns a dog can be held liable for damages caused by a bite/attack if the owner knew, or had reason to know, that the dog had "vicious propensities". Thus, the history of the animal is necessary to determine if he had ever displayed such.

As to "trespassers" - it would depend upon a few factors: What was the purpose of the trespass, and did the trespasser had reason to know a dangerous animal was present? A trespasser coming into your yard to steal your car will not be viewed in the same light as a child jumping the fence to retrieve his softball. In the case of the child, the issue will center both on the propensity of the dog to bite or be agressive, and the notice the owner provided to possible tresspassers of the dogs presence.

Believe it or not, in New York, a "danger" sign or "beware of dog" sign may be enough to prove the owner knew of the dogs "vicious propesities", rendering him liable for any damages.

Seems like a Catch-22- If you tell people to stay out because you have a dog then you're liable because you knew your dog was vicious? Would it be the same if you just put up a "dog on premises" sign instead of beware of dog?

<rant on>
It seems like the problem of trespassers stems from the incorrect thought (in my opinion, anyway) that people have the right to come onto my property, uninvited, and that any dogs they encounter should be perfectly friendly to them. Don't get me wrong, I don't want to see my dog bite anyone who's trying to retrieve a lost ball, sell me the local paper, take a opinion poll, etc. but my yard is fencedd for a reason. I don't want them falling in my swimming pool and blaming me because there's no lifeguard on duty or being on the business end of my dog. Ring the buzzer at the gate and I'll be happy to help you retrieve anything that was lost, answer any questions that you have, buy someone candy for the school fundraiser, etc. Don't create a bad scenario for you and me/my dog by being thoughtless/reckless.

</rant off>

Not that I have very strong feelings on the matter <img src="/ubbthreads/images/graemlins/wink.gif" alt="" />

I like the idea of the "dog on premises" sign. It's completely informative and says nothing which could be used to show the owner had reason to believe the dog was dangerous.

Another problem, not confined to NY, is that judges and juries are laymen, and will not base their decision on the dogs past signs of "vicious propensities" on any real knowledge of dog behavior. The result is that many times I see owners who obviously knew the dog was dangerous, and even took precautions, but the court felt there were no signs of agression present. (this particular dog HAD to be confined to a room when visitors entered the owners home. The dog had a history of growling at the guests. well, one day the dog's owner decided to invite the guest to try and pet the dog. The dog bit. duh.... but the court held that the previous displays of growling at guests did not indicate any vicious propesities, and the case was dismissed. The court decision read, in part.. "Growling and barking at guests is what dogs do, it doesn't indicate agression" Go figure.

I have a little sign next to my front door being held up by a wooden carved raccoon. It is in the shape of a stop sign and reads," I don't dial 911" and then has a black form of a GSD under the wording and under that reads," German Shepherd"

I thought it was cute and makes a statement with out implying a warning. Since I do live in NY State, would you think this is an acceptable sign??

I am going to get 2 signs.

Dog in Yard
Beware of Cat

If anything, this would imply that the cat is more viscous than the dog <img src="/ubbthreads/images/graemlins/wink.gif" alt="" /> .

and then, when someone gets bitten by your cat, you're in big trouble! <img src="/ubbthreads/images/graemlins/laugh.gif" alt="" /> <img src="/ubbthreads/images/graemlins/wink.gif" alt="" />

i'm in the process of making 2 small signs - one by my front door and one by the gate to the fenced yard.

they both say the same thing:

"If you can read this sign, my german shepherd knows you're here."

I figure that oughta get the point across.

Ok here's mine. My dog knows you're here. He's in the bushes. Act like there's nothing wrong.

Here's mine for my front door (behind which lives Balli - a very large, imposing GSD)

The dog is waiting for you to open the door...so don't!

<img src="/ubbthreads/images/graemlins/tongue.gif" alt="" />

Jeannette;
Your sign seems to lean more toward saying you are confident your dog will protect you against intruders. I don't think it would present any possible problems in any future litigation.

I like the idea the poster had about the cat sign.
Anyone have any "cat attack" stories?