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When are you legally respnsible for a stray dog??

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  • 29-06-2011 6:55pm
    #1
    TooManyDogs
    Registered Users Posts: 1,634 ✭✭✭


    So here's a question, if you find a stray dog, take it in and look for the owner or try and rehome it and while it's in your care it causes an accident/bites someone, are you responsible for costs?

    It came up in a discussion when do you become legally responsible for an animal in your care, I always thought it was 72 hours but someone told me today it was 28 days.

    Does anyone know?

    PS - This is purely hypothetical by the way :D


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    #2
    Discodog
    Registered Users Posts: 15,822 ✭✭✭✭Discodog


    It does not become your property for a year so, in theory, you are not responsible till then. But in practice you probably become responsible for it's control & behaviour the moment that you take it in. After all the original owner can't be responsible if they no longer have the dog in their possession.

    But I don't think that it is specifically covered in the Control of Dogs Act so it might not be enforceable in Criminal Law but could apply in Civil Law.


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    #3
    TooManyDogs
    Registered Users Posts: 1,634 ✭✭✭TooManyDogs


    Yeah it's a bit of a connundrum alright, I know something found doesn't become your legal property for a year and a day but property you find doesn't tend to have a public liability factor!!!


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    #4
    magentas
    Registered Users Posts: 1,194 ✭✭✭magentas


    I have no idea TBH but would the purchasing of a dog license have anything to do with it? Otherwise, how could you prove that the dog is (or isn't) yours and therefore accept or deny responsibility for the dog?


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    #5
    Discodog
    Registered Users Posts: 15,822 ✭✭✭✭Discodog


    magentas wrote: »
    I have no idea TBH but would the purchasing of a dog license have anything to do with it? Otherwise, how could you prove that the dog is (or isn't) yours and therefore accept or deny responsibility for the dog?

    The law was made to control dogs & as usual, little thought was put into it. So if you rehome/rescue a dog you have to have a license for it even though you don't own it. Yet all the licensing legislation uses the word "ownership".


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    #6
    ruben
    Closed Accounts Posts: 67 ✭✭ruben


    As far as I'm aware*, when you find a stray you should report it to the local Dog Warden/Pound.
    They will then either take it in or leave it in your care and it can do it's 5 days with you as opposed to in the pound.

    After the 5 days - assuming of course it's real owners have not come forward - it then becomes yours.



    *I could be talking complete tosh but that's my understanding.

    As to the legal responsibility question, I would imagine that you become liable from the get go?


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    #7
    Discodog
    Registered Users Posts: 15,822 ✭✭✭✭Discodog


    I do not have day to day contact with Pounds but the law says that once you hand over custody to the Pound they then have sole discretion over what happens to the dog. So yes you could potentially have full ownership quickly but you could also lose the dog & it could be killed.

    The other method where you fulfil your legal obligations by notifying the Guards does delay ultimate ownership for one year but the dog is in your care during that time. Personally if I found a stray I wouldn't let it anywhere near a Pound.

    But in either case you become responsible for it as soon as it is in your care. An analogy would be a car bought on finance. You do not own it until you make the final payment but you are it's "keeper" & so are responsible for tax, insurance etc.


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