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102 Posts
The legal-speak is mostly gibberish to me, and seems to always leave quite a bit open to interpretation. None of my dogs has bitten anyone, and I certainly don't plan for it to happen, but I was told a horror story recently about a dog put down that made me wonder about dog owner rights. I live in Arizona.
I understand that if I'm negligent or if my dog attacks someone out of the blue, I'm liable for injuries. In most states, if the dog was provoked or the victim knowingly assumed risk, the dog owner is not liable. That's all well and good, but I wonder about the safety of the dog in question. For instance, if someone trespassed into my back yard and was bitten, how much danger would my dog be in? I have a 6-foot brick wall that would require someone to climb over it to get inside, so it couldn't be said that easy access implied welcome to enter. I've read some really weird legal decisions that were made, as some warning signs were actually said to leave open to interpretation a stranger's right to just walk into your gated yard. I would cite them but in truth I wasn't taking notes. I just recall a warning written on a blog where they mentioned at least one state where this was an issue. It could be false information.
I also read a post in a Newfie forum where someone's Newfie was off-leash while hiking (apparently the common practice in their area). Another man's dog was also off-leash, and was getting a drink at a stream. The Newfie approached for a drink, and the man slapped the side of the Newfie's head and yelled at the owner to get their dog. She was stunned, and luckily the Newfie (being a Newfie) didn't bite the man's head of despite being 150+ lbs and having jaws big enough to do it. I doubt this dog had ever been hit before, and backed away, confused. However, if the Newfie had bitten this man, what would the likely results have been? If the person who was bitten instigated the matter, would the dog still be put down?
I understand that if I'm negligent or if my dog attacks someone out of the blue, I'm liable for injuries. In most states, if the dog was provoked or the victim knowingly assumed risk, the dog owner is not liable. That's all well and good, but I wonder about the safety of the dog in question. For instance, if someone trespassed into my back yard and was bitten, how much danger would my dog be in? I have a 6-foot brick wall that would require someone to climb over it to get inside, so it couldn't be said that easy access implied welcome to enter. I've read some really weird legal decisions that were made, as some warning signs were actually said to leave open to interpretation a stranger's right to just walk into your gated yard. I would cite them but in truth I wasn't taking notes. I just recall a warning written on a blog where they mentioned at least one state where this was an issue. It could be false information.
I also read a post in a Newfie forum where someone's Newfie was off-leash while hiking (apparently the common practice in their area). Another man's dog was also off-leash, and was getting a drink at a stream. The Newfie approached for a drink, and the man slapped the side of the Newfie's head and yelled at the owner to get their dog. She was stunned, and luckily the Newfie (being a Newfie) didn't bite the man's head of despite being 150+ lbs and having jaws big enough to do it. I doubt this dog had ever been hit before, and backed away, confused. However, if the Newfie had bitten this man, what would the likely results have been? If the person who was bitten instigated the matter, would the dog still be put down?