I have Amerigas, and 'automatic' delivery (meaning I don't call them when it's empty, they fill it when they happen by my area) and I NEVER know when they are going to show up. So I don't think they have to call at all.

Did you offer to pay for any medical bills if the man was injured? And I think I'd be keeping my dog tied, in the house, or have a fence/kennel separate from anywhere that people would service your home.

Chris,
The "combined experience" kicks in here by those of us with dangerous dogs having to take multiple and sometimes expensive steps to prevent this type of incidence from happening.
I've read about cases where someone puts up a nice fence, and makes sure he has a snap-clip in the latch to keep it secure. Then some fool takes off the clip and either opens the gate where the dog escapes, or the dog bites said fool.
Now, you and I and anyone with common sense would think that since it took mutiple, complicated steps to get into the yard ( never mind the "beware of dog" signs that the fool ignored ) that the home owner did his part to protect the fool from his own stupidity. Maybe.....but it still depends on the courts, and a hungry young personal injury attorney with no other cases would pursue a case like this just hoping for a settlement.
Precaution-taking homeowner loses, idiot wins. That's often the way of the world, and it's unfair. <img src="/ubbthreads/images/graemlins/mad.gif" alt="" />

I have six foot high fencing, and I'd string it with razor wire in a flash if I was allowed. My gate opens from the inside only. I'm planting chinese holly all around my house this spring ( the plant world equivelent to barbed wire <img src="/ubbthreads/images/graemlins/wink.gif" alt="" /> ) and I may just plant it along my entire fence line also - it's a lot cheaper than just one lawsuit.

And for everyone reading this - take a look at how someone could access your yard, no matter how unlikely, and block that access now, before you end up in hot water. ( I'm still working on the solution to keep sky divers out of my yard, but the anti-aircraft guns are heavy and loud... <img src="/ubbthreads/images/graemlins/wink.gif" alt="" /> )
Prevention is cheaper than fixing the problem after it happens.

Sorry to hear about your situation. My parents have NIPSCO (natural gas) but the guy has to read the meter in the back yard. Nipsco has on file in their hand helds of every house with a dog. We also have a snap and a sign and schedule BUT the NIPSCO man is REQUIRED to knock on the door first to get permission to enter the yard even with being on a schedule. He comes to door, my parents lock both dogs in a bedroom so there is added security in case someone left a door open to the yard or something then we give him permisson to enter. One time he did enter without permission, unlocked the gate and ignored the sign. No dogs were out..whew. He got an ear full from me and the NIPSCO people. I hope it all works out well for you.

Good advice, Will. I hadn't thought of mounting a gate latch that only allows opening the gate from the inside. Obvious, once it's mentioned. I'll do that.

Spring closures are a good idea too.

Must.....resist......making jokes....about...Karmen and "natural" gas....

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

Chris , good luck with your situation . Unfortunately you are one of many who have found yourself in that position and many have come out on the losing end in court. The courts don't seem to recognize common sense or lack of common sense .

I've heard these stories too many times . Because of that I like Will have put up a 6' fence around my yard , put a kennel with a roof secured to it inside the yard . I have also wrapped a mesh shadeing material around the kennel to prevent others from putting their fingers in the kennel and to keep the kennel cooler during the summer.

My dog is secured in the kennel when I can't watch him . I go out there numerous times during the day to let him out to empty and exercise him . At night or when my kids have friends playing in the backyard I bring him in and crate him .

I have a clearly marked K9 squad parked in front of my house . I've never had power company , cable co. and telephone co. employees ask before entering my backyard . They just unclip the gate and enter .

I don't think any of us can tell you how you will do in court on this issue . Flipping a coin will be as accurate . I think Will has given the best advise for you and others and that's to work on how to try to prevent these things from happening again .

Chris, I like Will, have a 6 foot fence all around the sides & back of my yard with 'posted dog' signs. I also have 4 gates, all of which open to the inside & have key padlocks on them on the inside. These gates also have 'posted dog' signs. I even have two 'posted' signs on the long back side of the fence were there is not gates. There is no way to open the gates from the outside without having to reach up over the gate & down to the handle to open,(very hard to do unless you are at least 6' 2" tall) They are ALWAYS locked unless I am out there doing yard work & have them open. I also have a kennel for my dog. The oil company calls me the day ahead of deliveries to open the gate & leave the dog in so they can access my tank fill. All other utilities are accessed remotely. I am also considering runing a hot wire (like horse electric fencing) in the future to make sure that no one enters my yard uninvited by trying to climb over the fence. It is better to be safe than sorry. I also occasionally 'work' my dog in the front yard. People around my neighborhood & drivers by know that this dog is there. She is no nonsence when someone passes by or approaches the house. But is well under control & never out in front without me & my FULL attention at all times when she is.

 Quote:

Originally posted by Will Rambeau:
Must.....resist......making jokes....about...Karmen and "natural" gas....

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

LOL <img src="/ubbthreads/images/graemlins/laugh.gif" alt="" /> I should have known <img src="/ubbthreads/images/graemlins/laugh.gif" alt="" />

If the tank is owned by you, Chris, and not leased from Amerigas, they do need permission to enter the property. If they were scheduled to arrive that specific day, but at a different time, you're out of luck. I would get to work researching Schutzhund, and people who do that training. SHOW the court that the only reason the dog bit was because the Amerigas guy raised his arm at him offensively (like during training). You could easily get enough statements from trainers/handlers to use in court. Also, a video of what the protection part of Schutzhund is EXACTLY (showing a dog in the bark and hold, then the bite), is a good idea to have on hand if this DOES go to court. HE swung at the dog, don't forget that. Lastly, I would put a lock on the gate that can only be unlocked by YOU. (i.e. padlock)

On a personal note, I would supervise any dog that bites, at all times, ESPECIALLY if people can get into your yard.

Good luck!

Melanie,
Have you by chance been an expert witness in a dog bite case? I'm thinking the answer to the question is "no", because everything that calls attention to the fact that the dog in question has been trained to bite a person, even if it's within the confines of a sport, is to the dog's disadvantage. Heck, just look at SchH forum discussions about "having a real dog" and "fight drive" etc, etc, etc......a good attorney could produce volumes of quotes from *hundreds* of SchH folks across the country that would make us sound like barbaric idiots training dogs to main the public. I would work *very* hard to ensure that the word SchH and my dog were never mentioned in the same trial.

And it sounds as if you're saying that a stranger with possibly zero experience around dogs ( especially dogs that are displaying an aggressive bark and hold ) will just know on some subconscious level that they should freeze and make no motion to avoid being bitten? Do you realize how the opposing attorney is going to make that sound?

Human nature is to protect yourself from a perceived threat. A good tearful display by the "victim" with the explanation that he was desperately fighting off the dog to save his life will crucify the dog and it's owner.

I'm sorry, but that is bad advice on several levels that would seriously endanger a case. And I've been a witness at more than a few trials now and I've watched the legal manipulation that goes on in a case like this. It isn't pretty, and it usually doesn't go well for the dog and it's owner.
I'm not trying to be mean here, but if I see advice being given that I think is harmful, I gotta say something, sorry. <img src="/ubbthreads/images/graemlins/frown.gif" alt="" />