Biting Dogs
- Thread starter Mosho
- Start date
dj":k4f6u4rb said:
Even better, how about spending a little time and effort understanding a dog's nature and what makes him tick? Follow that up with some obedience training (mostly for the owner, but the dog could maybe benefit, too) and socialization so he doesn't become threatened by strange people and can become a companion and asset to the family rather than a liability. I think mdmdogs3 summed it up best - it's not the dog that usually needs the lessons, it's the human.
dj
Well-known member
- Joined
- May 18, 2005
- Messages
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ah yup here i am getting a lesson
http://s95.photobucket.com/albums/l140/ ... V00166.flv
http://s95.photobucket.com/albums/l140/ ... V00166.flv
msscamp":102oijq2 said:
I honestly don't know what the laws are here...I guess I'm going on the premise that if someone comes into my locked home locked uninvited and gets dog bit, I don't see a sheriff's deputy that would cite me for a thing...and, I consider a fence with a lock on the gate the same thing. I may very well be wrong, and I guess I'd better do a little research on it before I make that statement as fact. I guess what I'm not understanding is if someone has a dog for protection and the dog does it's job, what's the deal? Dog bites that get in the news around here and cause all kinds of legal problems are those of dogs wandering neighborhoods...or people that walk obviously mean, snapping snarling dogs around parks. I know there have been tragic cases of children climbing fences in neighborhoods that get bitten or worse, but on 80 acres, 2 rat terriers behind a locked fence...I'm sorry, I just don't see it.
Like I said, I'm gonna have to do a little research and calling around about this one. My rat terriers are tiny little things and they are kept behind a fence...and they'd lick somebody to death, so I'm not concerned about mine...but I am concerned about people that get dogs for protection and then get nailed if someone breaks into their property and get bitten.
Alice
Grippie
Well-known member
Alice":2ck1imej said:
I agree, It's not right but I think that the law would be on the intruders side here in NY as well... :roll:
Texas dog law
Liability Statute
Texas does not have a Dog Bite Statute.
Common Law Liability
Generally, a dog owner will not be found liable for damages the dog causes, unless the dog is vicious and the owner had actual or constructive knowledge of the viciousness. If the animal is vicious or has aggressive tendencies and the owner has knowledge of that propensity, the owner is subject to liability under the law of strict liability. If an animal is non-vicious, the owner may still be subject to liability for his or her negligence in handling the dog.
Dangerous Dog Statute
The Meaning of a “Dangerous Dog”
A “dangerous dog” is:
a dog that makes an unprovoked attack on a person that causes bodily injury and the attack occurs outside of the dog’s enclosure; or
a dog that commits unprovoked attacks outside of its enclosure that cause a person to reasonably believe the dog will attack and cause bodily injury.
Owners’ Legal Responsibilities
Dangerous dogs must be kept in a secure enclosure. The secure enclosure must be a fenced area or a structure that is locked, capable of preventing the entry of the general public, including children, capable of preventing the dog from escaping, and clearly marked as containing a dangerous dog. When the dog is not in the enclosure, it must be restrained at all times on a leash or in the immediate control of a person.
A dangerous dog owner must register the dog with the local animal control authority.
A dangerous dog owner must maintain liability insurance coverage of at least $100,000 to cover damages for bodily injuries caused by the dog.
Owners’ Liability
A dangerous dog owner commits a criminal offense if the dog, when unprovoked, attacks a person outside the dog’s enclosure and causes bodily injury.
In all cases where a dog causes death or serious bodily injury, the owner will be criminally liable. A serious bodily injury is one characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonable person to seek medical attention, even though the injured person may not have actually sought medical attention. In cases of serious bodily injury or death, provocation and location of the attack is irrelevant. Additionally, a judge may order the dangerous dog destroyed and impose a $10,000 civil penalty on the owner.
This is just Texas law now, but the way I read this, someone that enters my yard, uninvited, that is fenced and locked, has no recourse against me if he gets bitten by my dog, unless he's literally ripped to shreds or is killed. Dobermans, german shepherds, pit bulls, rotties, etc...I can see this applying to them...but rat terriers? (And no, I'm not saying that mean dogs are breed specific).
Alice
Liability Statute
Texas does not have a Dog Bite Statute.
Common Law Liability
Generally, a dog owner will not be found liable for damages the dog causes, unless the dog is vicious and the owner had actual or constructive knowledge of the viciousness. If the animal is vicious or has aggressive tendencies and the owner has knowledge of that propensity, the owner is subject to liability under the law of strict liability. If an animal is non-vicious, the owner may still be subject to liability for his or her negligence in handling the dog.
Dangerous Dog Statute
The Meaning of a “Dangerous Dog”
A “dangerous dog” is:
a dog that makes an unprovoked attack on a person that causes bodily injury and the attack occurs outside of the dog’s enclosure; or
a dog that commits unprovoked attacks outside of its enclosure that cause a person to reasonably believe the dog will attack and cause bodily injury.
Owners’ Legal Responsibilities
Dangerous dogs must be kept in a secure enclosure. The secure enclosure must be a fenced area or a structure that is locked, capable of preventing the entry of the general public, including children, capable of preventing the dog from escaping, and clearly marked as containing a dangerous dog. When the dog is not in the enclosure, it must be restrained at all times on a leash or in the immediate control of a person.
A dangerous dog owner must register the dog with the local animal control authority.
A dangerous dog owner must maintain liability insurance coverage of at least $100,000 to cover damages for bodily injuries caused by the dog.
Owners’ Liability
A dangerous dog owner commits a criminal offense if the dog, when unprovoked, attacks a person outside the dog’s enclosure and causes bodily injury.
In all cases where a dog causes death or serious bodily injury, the owner will be criminally liable. A serious bodily injury is one characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonable person to seek medical attention, even though the injured person may not have actually sought medical attention. In cases of serious bodily injury or death, provocation and location of the attack is irrelevant. Additionally, a judge may order the dangerous dog destroyed and impose a $10,000 civil penalty on the owner.
This is just Texas law now, but the way I read this, someone that enters my yard, uninvited, that is fenced and locked, has no recourse against me if he gets bitten by my dog, unless he's literally ripped to shreds or is killed. Dobermans, german shepherds, pit bulls, rotties, etc...I can see this applying to them...but rat terriers? (And no, I'm not saying that mean dogs are breed specific).
Alice
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aplusmnt
Well-known member
Mosho":38ef1a0n said:
Alice......I would think that you would really be flirting with disaster in two ways if you keep around a dog that as shown aggression. Instead of disposing of it as other mentioned.
1. At this point you now know it is an aggressive dog and will most likely bite again. Not all people that enter your property will be intruders breaking into your home. And at any time the dog bites one of these other people and you have prior knowledge of his being dangerous you will be liable
2. And to me the most important reason. One day the dog may bite someone and hurt them and do serious harm. Would you want it hanging over your head if some child at face level was bitten and either killed or disfigured from a bite to the face.
No animal is worth taking the risk that it may harm another human especially a child.
Just shoot the dog and get a new one, animals are a dime a dozen.
mdmdogs3
Well-known member
I don't think that these dogs are protection dogs
I think that they are little brats that have taken it upon themselves to run everyone off - invited or not
also be careful to not become the person that the law decides was harboring a dangerous dog - read what Alice posted closely - your dog has to be on record with the local humane society, be constantly under control or in a locked enclosure and be covered by a $100,000 liability policy - if you don't have all of these bases covered, and your dog bites someone - it could be considered dangerous especially if it isn't the first time -
I have big dogs and the nastiest dogs I've known were little dogs
the reason you hear on the news about big dogs biting is the damage they do just from their size and strength - little dogs bite more often
also - I used to work with lawyers - don't ever admit liability by putting up a beware of dog sign - that could open lots of cans of worms - that is like putting up a sign saying the don't slip on this icy sidewalk rather than getting rid of the ice
I think that they are little brats that have taken it upon themselves to run everyone off - invited or not
also be careful to not become the person that the law decides was harboring a dangerous dog - read what Alice posted closely - your dog has to be on record with the local humane society, be constantly under control or in a locked enclosure and be covered by a $100,000 liability policy - if you don't have all of these bases covered, and your dog bites someone - it could be considered dangerous especially if it isn't the first time -
I have big dogs and the nastiest dogs I've known were little dogs
the reason you hear on the news about big dogs biting is the damage they do just from their size and strength - little dogs bite more often
also - I used to work with lawyers - don't ever admit liability by putting up a beware of dog sign - that could open lots of cans of worms - that is like putting up a sign saying the don't slip on this icy sidewalk rather than getting rid of the ice
aplusmnt":2d1c3o5y said:
Well, if it means anything, I wouldn't have a biting dog around, either. My grandchildren, heck anyone's children, mean more to me than that. However, during the days I am out here alone, and I feel a whole lot better when my brother's dogs greet someone coming up the road...and said someone asks if it's ok to get out of the car/pickup...while they are keeping an eye on the dogs. My standard answer is...as long as the dogs think I'm ok, then you'll be fine.
Alice
Grippie
Well-known member
dun":29ua4ldx said:
Yep. It actually happened here in good ole' NY to a friend of mine. Without going into along story; lets just say that some dogs are a darn good judge of character!
Alice":141mm904 said:Well, truth be known, if someone was intent on doing me harm, and was acting agressively toward me, I'd just as soon the dog do a bit more than bark at that person.
Alice
That's the point. Any dog that's worth anything can tell when there is danger and attacking is appropiate. Bitting on command is also in the same vane. A dog that bites just cause it wants to is a threat.
Years ago I used to have to put my dog on a chain when dad was going to apply the razor strap to me. My dog bit him once. Dad understood why and let it slide. That was the only time that pouch bit anything other then fleas.
dun
IluvABbeef
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- Mar 29, 2006
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I got bit by a rottwi/german shepherd mutt in the face when I was little (just starting grad 1). Had to get 30 stitches. And the mutt got put down.
It was my uncle's dog.
It was my uncle's dog.
mdmdogs3
Well-known member
Grippie":3vtx5xkp said:lets just say that some dogs are a darn good judge of character!
a few years ago my labrador was in the car at the drive thru window of a chicken restaurant.
Her normal behavior in this situation was to want to climb thru and live in the restaurant. (this dog really liked to eat!)
on this one occassion she growled this low deep growl the entire time we were there and being waited on - to the point the guy said - "don't worry I won't hurt your Mom" - when he walked away I told her "good girl"
that was one of the few times that I felt she was really trying to protect me
they know when to kick into killer dog mode and when not to - some dogs just need to have a "discussion" with their owner on how frequent that killer dog mode kicks in
chrisy
Well-known member
have some training, but why have a quiet dog and bark yourself, that's what a dog does protect the property and his master.
