# some legal stuff re. BEWARE OF THE DOG sign



## dimkaz (Jul 27, 2009)

hi all,
from another tread i got the impression tat probably is the case to clear the waters as there is no accessible rule regarding...
in the meanwhile from the US:
Dog Law :: Dog Bites > A Dog Owner's Legal Defenses :: DogLaw.HugPug.com

will be looking for the UK

as a rule in most countries of continental Europe if the trespasser in unaccompanied by the owner then the dog can do whatever it wants to the trespasser...(but also that needs to be looked into)

will post again soon

i have found te following text from a sevurity website but don;t know if it's reliable:
Beware of the Dog
The 'beware of the dog' sign, hung from the front of the house or on the gate, is popular method of deterring burglars from targeting a property. The 'dog' could of course be a fierce Rottweiler or a soft Labrador puppy, or not even exist at all, it doesn't matter - the sign is there to ask the burglar whether it's worth the risk finding out.

Law and 'Beware of the Dog' Signs
The law takes a peculiar stance when it comes to the use of 'beware of the dog' signs.

If such a sign is on display when the dog attacks a trespasser, then its owner is liable for prosecution, because it could be argued that by displaying the sign they knew the dog was dangerous. However, if the dog attacks an intruder when no sign is visible then the court would decree that the owner was unaware of the threat of the animal, and is therefore not liable for court action.

So for those considering a sign, according to the law if you have a harmless pet dog then by all means display a 'beware of the dog' sign as a deterrent, but if you have a dog that would be liable to attack an intruder then don't, as you might get into trouble.
source:http://www.securedhome.co.uk/employing-guard-dog-home.html

more info here:
http://www.info4security.com/story.asp?storycode=1014539

also i have found some references in te book: modern tort law (chapter 12) in a case study..

best
d


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## Nonnie (Apr 15, 2009)

Ive never liked the idea of advertising that there are dogs on my property. So many are stolen these days, its like free advertising.


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## RachyBobs (Oct 18, 2009)

We have a 'BEWARE OF THE DOG' and a 'ROTTWILER SECURITY' but tbh my dogs are freely roaming and no-body will come into my gate that doesnt know me or my dogs, there is a bell to ring at the gate. Would you have the balls to come into a area were 2 wolfhounds and rottwiler are roaming? :lol:


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## canuckjill (Jun 25, 2008)

This is what happened to me. I had an intruder in my back yard. I called the police who said they wouldn't be there for at least an hour they were busy with a break in. It's 3 am and I'm home with my youngest child and dogs. So I told em I was just going to let the dog out. I was told if the dog bit then I could be charged I said well I have a 5 and 6 ft fence around my yard with no entrances and if someone was there at 3 am too bad if they can't protect me my dogs will. The cops did come faster but the dogs had already got rid of them no blood drawn but we did get a piece of their pants...lol Anyway because I had a secure back yard no gate entrance I was safe, a week later the people down the street were broken into and had all their electronics stolen...hum....Jill ps this was Canada not the UK and the cops said I was lucky I told em I'd have taken my chances in court, the dogs would never have harmed a child and what child under 10 would be out at 3 am


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## HoneyFern (Aug 27, 2009)

Unfortunately in this day and age that does make sense, people are so quick to sue


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## Amy2310 (Feb 16, 2010)

Nonnie said:


> Ive never liked the idea of advertising that there are dogs on my property. So many are stolen these days, its like free advertising.


I was just thinking that. My garden is pretty open as it is, so I don't need the extra lure with a sign.

Although I like the idea of having one as just a deterant, after my parents dog passed away they left the sign up, it might still be there know to be honest.


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## canuckjill (Jun 25, 2008)

My friend has chinese cresteds I bought her a sign that says trained in kung fu with a picture of a little dog doing kung fu cute and you get the message...jill


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## Freyja (Jun 28, 2008)

I was told years ago by a legal secratary friend that you can have a sign saying DOGS RUNNING FREE or DOGS LIVE HERE. But if you put any word that can be thought of as a warning such as BEWARE or WARNING then you are admitting you know the dogs could attack and therefore could be held liable if your dog bit a burglar.

I was told to not even put up a sign say I CAN GET TO THE GATE IN ?? SECONDS CAN YOU? as it too could be taken to be a warning the dog would bite. We were told this as we loved next to a drugs dealer and actually had 4 GSD's as we knew he wouldn't come near us whilst we had them or wouldn't go near to our house if he knew they were thereand took advise on what would happen if he should threaten us and one of the dogs should bite him. He put the front gate through our front window once because someone told him we had threatened to have him beaten up


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## TobyK9 (Feb 5, 2010)

you can have for example a picture of a dog, whatever it may be, with 'I live here' written on it as I'm told that's viewed differently as the 'beware' signs. Your just stating you have a dog with the 'i live here' signs and not telling people that you know your dog will bite.

Again, like the last thread, that's what I was told so don't know for sure lol, but, it makes sense, well in the mickey mouse laws of our land it does


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## bird (Apr 2, 2009)

Oh where has common sense gone. Many moons ago (mid 70s) someone came into our garden through the side gate and our GSD pinned him and nipped his arm. He told us he was going to report us for having a dangerous dog and true to his word he did.  Thankfully the police at the time saw sense and told him it was his own fault and should have gone to the front door and knocked.  Cant see that happening today


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## Tanya1989 (Dec 4, 2009)

It is also supposed to be ok to have "dogs running free" signs as this does not imply that they could be dangerous, they are merely running loose.

or something like "loose dogs enter at your own risk"- but this could then mean there is a "risk" so could be seen as making owner liable.

I think a sign "never mind the dog, beware of the owner" could fit the bill. It is alerting that dogs are present, without any need for "warning" them.

we have a sign up because we have a massive garden and the dogs arent normally near the gate, post man regularly walks through gate then 30 seconds later his is met by crazy looking teddy bears. I'm confident they wouldnt hurt him (he regularly feeds them biscuits) but they maybe wary of a new postman.

also, it wouldnt take much for one of mine to knock a fully grown man over


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## RachyBobs (Oct 18, 2009)

I also cannot have 'dogs running free' as our land is a public footpath through or drive


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## Johnderondon (Jul 6, 2009)

As far as I am aware, unless the dog is trained or order to attack (which could constitute an assault), there is no law to prosecute a dog on private property except for the Dogs Act 1871.

Although a warning sign may be taken as evidence towards the dog's general disposition, the level of proof required is higher than under the Dangerous Dogs Act and there would need to be several other factors before a prosecution would be likely to succeed.

One of the differences between the Dogs Act 1871 and the Dangerous Dogs Act 1991 is that, under the DDA, the prosecution need only show that a dog was dangerously out of control. This could mean a dog weaving among traffic or a very boisterous dog around children, etc. The Dogs Act, however, requires the prosecution to show that the dog was both "dangerous" and "out of control". "Dangerously out of control" is not enough. It must be a dangerous dog who is _also_ out of control. One attack, is not usually sufficient to show that a dog is a 'dangerous dog' and so further evidence of the dog's vicious nature is required. A warning sign could form part of that evidence but I do not think that, by itself, it would be sufficient as the court will be well aware that some people display such signs for other reasons (deterrence, etc.) than owning a dangerous dog.

As an aside my favourite, all-time warning sign was one I saw in the States:



> Warning: Dogs
> 
> Anyone found here at night may never be found again.​


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## sequeena (Apr 30, 2009)

I have a beware of the german shepherd sign floating about somewhere. I'm sure though if the wording is changed to something like 'german shepherd about' it's ok


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## dimkaz (Jul 27, 2009)

heven;t found much more than what i posted on the opening post (see various edits)...
but ill look further on Wednesday/
it's music night tonight...and i will be off to the session soon.
best
d


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## Johnderondon (Jul 6, 2009)

sequeena said:


> I have a beware of the german shepherd sign floating about somewhere. I'm sure though if the wording is changed to something like 'german shepherd about' it's ok


I would imagine so.

The sign I want to put on my gate is:

"Free Running Dogs - Do Not Enter When This Gate Is Shut"


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## GSDlover4ever (Feb 21, 2009)

the sign i have got on mh Bf's gate stated "i live here, all trespassers will be burried. The sign also has a cartoon image of a dog next to it.


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## Clare7435 (Dec 17, 2009)

We where told this years ago by the police....our family dog bit the insurance man. My mum had left us in the house on our own while she went next door to see my grandma and the insurance man just opened the door to announce his arrival...naturally the dog....protector of kids as many are bit him on the leg so he called the police. The plice said we could get prosecuted because on the little gate of the dogs area it had a small sign saying beware of the dog....so not only had the idiot come through that gate he's come into the back door too...foolish litle man lol.
He said if we'd had a sign saying shut the gate dont want to lose the dog or this is my area... we'd have been ok.
Clare xx


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## GSDlover4ever (Feb 21, 2009)

i don't think it matters what you have on your gate, if your dog happens to bite someone, even if no stitches are needed for the bite it can still go to court if the person who is bitten complains. But i think that depends where you are.


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## Clare7435 (Dec 17, 2009)

GSDlover4ever said:


> i don't think it matters what you have on your gate, if your dog happens to bite someone, even if no stitches are needed for the bite it can still go to court if the person who is bitten complains. But i think that depends where you are.


I think it's a blanket rule now.....but I'm not sure about if you have 6 foot fencing around the whole area and someone breaks in ...this happened to a friend of mine and the policeman who attended checked the security of the back area, saw that the lock had been broken and that' the last she heard of it
Clare xx


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## Snoringbear (Sep 26, 2008)

Nonnie said:


> Ive never liked the idea of advertising that there are dogs on my property. So many are stolen these days, its like free advertising.


I'm exactly the same. Also, i've never understood why people at shows drive around in vans with their kennel names emblazoned on their vehicles so anyone can easily follow them back to their premises


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## suewhite (Oct 31, 2009)

I have signs saying beware of the dogs,this is to let anyone who was thinking of breaking in to be aware that there are dogs around.I view it much the same as when our farmer puts a sign up on his field beware of the bull we dont go into that field!I honestly did"nt know there was this silly rule about the wording of a sign


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## francesandjon (Jun 3, 2009)

We've got a 'caution, dogs running free' sign......mainly to warn people that they're gonna get a very excited welcome!


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