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podscouse | 22:43 Tue 09th Sep 2008 | Law
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if i have a sign on my garden gate "beware of dog" and someone comes into my garden and the dog bites them can i be prosecuted
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I think it depends. If for example he savaged the postman then you probably could if there is no other way of him delivering your mail. If it was a random stranger who shouldn't have been on your property then probably not.
The answer is yes, even if it's "a random stranger" who gets bitten. Could be a small child collecting a ball or a Polish window cleaner who can't read English.
But surely in that case the dog is protecting its own territory? Even if it isn't normally vicious, any dog could bite someone that came into its garden?

Are all dog owners supposed to keep their pets locked inside incase someone comes into their garden?
Thinking about it, there was a case where I live a couple of years ago.

A woman had a big dog, a mastiff or something. It savaged a burglar that came attempting to break in and the buglar tried to sue the dog owner.

The woman was found not guilty as the dof was protecting its territory and the burglar shouldn't have been there in the first place.
Get that sign down straight away.

Should your dog bite anybody, you could not claim that it was unexpected - you are warning people about your dog.

If there is no sign, you can genuinely say you never had reason to believe your dog would bite.

This is stated in case law.

You could put a sign up saying - 'Keep gate closed - loose dog'.

That is telling people you have a dog, but not indicating it is dangerous
Agree with you there Ethel.my brother was told by a policeman that he would be in trouble if he kept the sign up saying beware of the dog so hes now got a sign saying dogs running loose please keep gate closed.
i can undoughtedly confirm that if you display a sign saying beware of the dog by law you are notifing everybody that you have a dangerous dog
i know this not only as a dog handler for the mod but as my own dog was ordered to be distroyed after a stranger entered my garden while my grandaughter was in it and was bitten by my german sheperd
because i had the sign on the gate i was told by the magistrate that i must have known the dog would bite thus dangerous to other people known or unknown
I don't know the ins and outs of the law, but I know a viscious dog was once removed from some people (and presume put down) just for the fact it was viscious and was proving a threat to society.
You cannot be prosecuted for a crime if your dog bites someone whilst on your property, only if they bite someone in a public place, eg chases the postman onto the pavement and has a chunk there.

However, you could be open to a civil suit for injuries to someone on your property.

Have you thought about dog training school? It is miserable to have to contain a dangerous dog, for both you and the dog. It is equally miserable to think you might be responsible for someone coming to harm.

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