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My dog bite someone on my property

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  • Feb 1st, 2015 8:50 am
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Deal Addict
Jan 28, 2014
3926 posts
1039 upvotes
Toronto
Sharon wrote: We are taking responsibility for her, we are the ones that actually went to the animal control office to make them aware that there was going to be a complaint filed before he did. Plus we gave our written statement along with a person who was walking by and saw what happened. I don't think we could do more
I understand your situation completely. And be very careful of people who know very well not to approach your dog - and especially on your property when you have explicitly asked them not to do so. Unfortunately in our litigious society there are many people out there who will try and set you up for a law suit.

I fully expect that your dog went into protective mode as you were trying to stop the person from moving forward on your property. If your pup is a size that you can pick up and get into the house pronto I would do so - if not try and move fast. Do not take the chance. It is very often not lack of control of your dog, it is the dog reacting as dogs do when they sense danger.

Our dog has been attacked 14 times by loose dogs on the street but nothing has ever been done about that issue. I am at the point where I will take him no further than our back yard. He is always on a regular leash. But I am well aware that dogs are chattels and despite being on our own property others can trespass and set up our dog. Nothing like have people living next door who will climb a fence in the dark and say "boo" to a dog and then stick their fingers into their ears and tease a dog to the point where the dog is not about to forget.

Over the years we have had 2 top notch trainers at the house for private lessons - and they each brought their dogs. No issues with our dog - but both trainers saw the behaviour of the people living on either side of us and kept their dogs close and were appalled. Same with the dog boarder.

I really hope that this does not escalate and that it does not happen again. You have done everything you could.
Deal Fanatic
Apr 23, 2009
5161 posts
708 upvotes
South of Ottawa
I too have had neighbours who have aggravated my dog(s) beyond belief. One of them would climb up to my deck when I wasn't home, bang on the patio door, then call bylaw to tell them my dog was barking and howling all day long. They also reported that I was kicking my dog several times. The other would stand over the fence and pop balloons in her face and laugh, throw things at her. Disgusting.

OP, you have done all you can.
Deal Fanatic
May 5, 2008
6315 posts
3092 upvotes
Manitoba
Make sure you have good liabilty insurance
Banned
User avatar
May 4, 2006
2914 posts
180 upvotes
Hamilton
CSK'sMom wrote: OP, you are 100% liable for your dog biting, no exceptions. You should have had total control of the dog, period. If the person phones animal control or sought medical treatment, expect animal control at your door and your dog ordered to be quarantined on premises for 10 days (only allowed outside in fenced yard to pee with a muzzle). Expect to have to show proof of all vaccination as well. Yes the person can sue you and that is what your home owners insurance is for... that is as long as you have told them you have a dog and the breed isn't on the no-no list each company has.
Wrong. If there's Beware of Dog signs on the property, the owner is not 100% responsible for dog bites that happen on the property. You can't throw a blanket statement such as yours on all dog bites. There's multiple defenses for dog bites where the bitten party doesn't have a legal leg to stand on.
Deal Fanatic
May 5, 2008
6315 posts
3092 upvotes
Manitoba
http://lerners.ca/articles/233/
Dog attacks (including bites) in Ontario are dealt with by the Dog Owners’ Liability Act. This law makes owners strictly responsible for any injuries and damages resulting from their dog’s attack or bite on a person or a person’s pet. A victim of a dog attack need only show that he or she was injured by that dog as well as prove who the attacking dog’s owner is. The attacking dog’s owner’s responsibility is not reduced in light of any knowledge, precaution or preventative measures that that owner took, although those same things will be analyzed by the court in assessing the amount of damages (money) to be awarded to the victim. Otherwise, when assessing a victim’s damages, the court will look at the extent to which the dog’s attack injured the person and affected their life, such as whether the injured person will need future surgeries, will have permanent injuries, suffered economic losses (such as losing time from work) and/or whether the victim was out of pocket any money.
Deal Addict
Jun 13, 2014
1154 posts
388 upvotes
Mississauga, ON
freeloader1969 wrote: Wrong. If there's Beware of Dog signs on the property, the owner is not 100% responsible for dog bites that happen on the property. You can't throw a blanket statement such as yours on all dog bites. There's multiple defenses for dog bites where the bitten party doesn't have a legal leg to stand on.
Beware of Dog signs means the owner is admitting that the dog in their possession is potentially dangerous and therefore will lose automatically in the court of law.
Sr. Member
Aug 16, 2011
841 posts
253 upvotes
Kitchener
freeloader1969 wrote: Wrong. If there's Beware of Dog signs on the property, the owner is not 100% responsible for dog bites that happen on the property. You can't throw a blanket statement such as yours on all dog bites. There's multiple defenses for dog bites where the bitten party doesn't have a legal leg to stand on.
i dont think that's 100% true actually, there is some thought that posting a sign is an admission of knowing you are keeping a dangerous animal.
Member
User avatar
Aug 4, 2014
491 posts
53 upvotes
North of GTA
http://www.cbc.ca/news/canada/sudbury/n ... -1.2876739

The last biting incident according to what I read was a man who provoked this dog into biting him. The owner and this dog has gotten a lot of social media attention. People have been suggesting to the owner to either leave or give the dog away to somebody who is trusted somewhere far away. I don't know if it is true that the dog has a history of biting people. If the authorities insist on euthanizing the dog, I think the owner should be given the option to send it away.

I posted this to make dog owners aware of what can happen if your dog bites people.
Deal Addict
User avatar
Jul 25, 2008
1607 posts
1431 upvotes
Richmond Hill
An English Bulldog is a very powerful breed. If she wanted to really bite him, I'm sure there would have been significant damage.

I can understand your situation OP. I have a 10kg Yorkie but is quite aggressive. However, I ALWAYS have control of him. I just don't understand how some people are still so stupid to come near my dog when he is barking aggressively and I tell them NO you can't pet him.
Deal Expert
Oct 6, 2005
16872 posts
2557 upvotes
freeloader1969 wrote: Wrong. If there's Beware of Dog signs on the property, the owner is not 100% responsible for dog bites that happen on the property. You can't throw a blanket statement such as yours on all dog bites. There's multiple defenses for dog bites where the bitten party doesn't have a legal leg to stand on.
The bylaw in Vancouver is pretty clear:

Biting or attacking persons or domestic animals
4.14 A person who keeps a dog must not permit, suffer, or allow the dog to bite, attack or injure a person or domestic animal
Deal Fanatic
Apr 23, 2009
5161 posts
708 upvotes
South of Ottawa
coolspot wrote: The bylaw in Vancouver is pretty clear:

Biting or attacking persons or domestic animals
4.14 A person who keeps a dog must not permit, suffer, or allow the dog to bite, attack or injure a person or domestic animal
Pretty sure that provocation is a solid legal defence.
Deal Expert
Oct 6, 2005
16872 posts
2557 upvotes
Beachdown wrote: Pretty sure that provocation is a solid legal defence.
Provocation is a very narrow legal defence, merely walking in front of a dog and waving a newspaper may not be enough. If the OP knew that a newspaper was enough to incite a response by the dog, then the dog may even be considered a dangerous animal!
Deal Fanatic
Apr 23, 2009
5161 posts
708 upvotes
South of Ottawa
coolspot wrote: Provocation is a very narrow legal defence, merely walking in front of a dog and waving a newspaper may not be enough. If the OP knew that a newspaper was enough to incite a response by the dog, then the dog may even be considered a dangerous animal!
Perhaps. If she warned him and he still kept coming, coupled with him approaching in a perceived threatening manner, waving a newspaper...who knows.
Deal Addict
Jun 23, 2010
1848 posts
277 upvotes
Markham
This is a perfect case for Judge Judy.. And remember Ummm is not an answer.
I hope I'm not hijacking the thread.
I was bit by a dog when I was a kid delivering newspapers. The delivery involved putting the newspaper inside the front screen door. This time I forgot to ensure I latched the screen door securely before I walked away, and Bingo the black lab jumped on the door and came tearing down after me. He jumped up and bit me on the forearm as I protected my face. I was terrified and I was about 13 years old.
They took me into their kitchen and called my parents and explained what happened and assured them he had all his shots. They went on to say I was so brave for not crying. Thing was I had the hots for their daughter and was putting on a good show.
My brother and father came down, my brother finished the papers and we went to the hospital for a tetanus.
Bingo was put down by the choice of the responsible pet owners within the week. I never did get into the daughters bloomers but I still have the scar from the bite.
This was mid 70's and things were handled differently back in those days. I have to say dog attacks are frightening and unforgettable.
Banned
User avatar
May 4, 2006
2914 posts
180 upvotes
Hamilton
PCUSER wrote: This is a perfect case for Judge Judy.. And remember Ummm is not an answer.
I hope I'm not hijacking the thread.
I was bit by a dog when I was a kid delivering newspapers. The delivery involved putting the newspaper inside the front screen door. This time I forgot to ensure I latched the screen door securely before I walked away, and Bingo the black lab jumped on the door and came tearing down after me. He jumped up and bit me on the forearm as I protected my face. I was terrified and I was about 13 years old.
They took me into their kitchen and called my parents and explained what happened and assured them he had all his shots. They went on to say I was so brave for not crying. Thing was I had the hots for their daughter and was putting on a good show.
My brother and father came down, my brother finished the papers and we went to the hospital for a tetanus.
Bingo was put down by the choice of the responsible pet owners within the week. I never did get into the daughters bloomers but I still have the scar from the bite.
This was mid 70's and things were handled differently back in those days. I have to say dog attacks are frightening and unforgettable.
I've been bit/attacked three times now. Attacked badly by a German Sheppard and Black Lab when I was about 11. Attacked while doing a roofing job by a Sharpei; left nice scars on my hard and finally, bit by a Chihuahua. Maybe I should rephrase that to bit two and half times, LOL. Chihuahua bites don't count as a full bite in my books.
Deal Addict
Jun 23, 2010
1848 posts
277 upvotes
Markham
freeloader1969 wrote: I've been bit/attacked three times now. Attacked badly by a German Sheppard and Black Lab when I was about 11. Attacked while doing a roofing job by a Sharpei; left nice scars on my hard and finally, bit by a Chihuahua. Maybe I should rephrase that to bit two and half times, LOL. Chihuahua bites don't count as a full bite in my books.
What is it with those rat dogs like Chihuahuas and their Napoleon like behaviour?
Deal Fanatic
Dec 3, 2007
5962 posts
1066 upvotes
Calgary
PCUSER wrote: This is a perfect case for Judge Judy.. And remember Ummm is not an answer.
Actually, it did happen in one of Judge Judy's episode before, as a dog lover herself, she gave huge heck to the dog owner.

A dog owner should have 100% control their dog(s), telling others to going away does not count. You need to control your dog, not the paperboy.
Banned
User avatar
May 4, 2006
2914 posts
180 upvotes
Hamilton
mucat wrote: Actually, it did happen in one of Judge Judy's episode before, as a dog lover herself, she gave huge heck to the dog owner.

A dog owner should have 100% control their dog(s), telling others to going away does not count. You need to control your dog, not the paperboy.
If I'm on my property and telling you to stay away from me, but you keep approaching and get bit, sure I'm responsible, but so are you. On public property I am 100% responsible for my dog's behaviour.
Deal Fanatic
Dec 3, 2007
5962 posts
1066 upvotes
Calgary
freeloader1969 wrote: If I'm on my property and telling you to stay away from me, but you keep approaching and get bit, sure I'm responsible, but so are you. On public property I am 100% responsible for my dog's behaviour.
If someone got to your property uninvited but it is not a threat, you don't get to release the hounds on them, not ever. But You can call the cops, like normal people do.

And a pet dog should never bite a human hard enough to hurt them, no ifs, no buts.

Geez, some people really are not qualify to own a dog.

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