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What happenns if my dog attacks..

  • 02-01-2009 8:45am
    #1
    Closed Accounts Posts: 24,878 ✭✭✭✭


    An intruder in my house or someone trespassing in my back garden?.

    Is it a criminal or civil matter?.

    Reason I ask if my dogs almost got someone last night, but my son was slow to lets the dogs out so the guys made an escape.

    As I was on duty last night I never got the chance to ask the guards what would have happened had the dogs got to the guys on time.

    My dogs are house dogs, so unfortunetly I won't be leaving them out in the back but hopefully they'll catch the fvckers next time.

    Also, what security measure's are best and what would be considered as verging on the illegal side, ie glass on top of the walls etc?.

    This is an absolute cvnt, as I was on duty my daughter was too frightened to stay in the house and went to a friends for a sleep over and my son wanted (stupidly) to arm himself until I got home.

    I'm seriously livid.


Comments

  • Registered Users, Registered Users 2 Posts: 1,938 ✭✭✭deadwood


    I am reminded of an occasion many years ago when a social deviant was victimised by a capitalist property owner.

    Lets just say, the Summary Jurisdiction Act by the shop owner when he opened up to find an intruder in his premises.

    Not impressed with having come off worse in this tangle, and seeing an opportunity for a civil action, the intruder, suitably bandaged, went to the Gardai to make a complaint of assault (i know, I know...).

    Later that day, the guard called to the shop owner to investigate the alleged assault on an innocent trespasser hoping to find something to feed to his starving x-box.

    "What are you talking about, guard? Nobody broke into my shop. Intruders, here? Not at all. I'd have rang the guards if I found an intruder, wouldn't I?"

    I'd say the ;)'s were flying that day!


  • Registered Users, Registered Users 2 Posts: 2,626 ✭✭✭timmywex


    Legal discussion forum might be better for the first question, it could swing either way, ive no idea personally, but know id let the dogs on them!

    As in security, its just the usual, alarm with phone dialer to you or monitering station, motion senser lights, shupps locks on doors etc, alarm activation button beside the bed perhaps...!


  • Registered Users, Registered Users 2 Posts: 23,077 ✭✭✭✭Esel
    Not Your Ornery Onager


    I'd say if Mairt's dogs got to the intruder, it probably would not swing any way! :eek:

    Not your ornery onager



  • Registered Users, Registered Users 2 Posts: 1,715 ✭✭✭Gryzor


    older similar thread

    law seems open to interpretation??


  • Closed Accounts Posts: 2,357 ✭✭✭Eru


    Im not 100% so please take my answer with a pinch of salt. I would believe that there is nothing wrong with this and is not assault under criminal law.

    Animals are not subject to human laws, they do not contain the necessary proofs and abilities to form 'mens rea' to commit assault.

    You are also not obliged to use reasonable force as the dog was not being used as a weapon for self defence.

    The dog was not in violation of any animal control laws as it was within private property.

    having said that if you stand there watching your dog eat a person alive, you could well be finding yourself in front of a judge but as long you took appropriate action when the situation became clear, your ok.

    Civil law is a different ball game however and yes, you would be sued unless you then attempted and succeeded in considering the action as 'self defence'.

    Its better to limit the dog to inside your house snarling and growling rather than shouting 'eat his ****ing heart killer!" as you open the back door.


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  • Closed Accounts Posts: 24,878 ✭✭✭✭arybvtcw0eolkf


    Thanks for the replies guys.

    Tbh I wouldn't really like to see my dogs get hold of anyone, unless it was an intruder actually in my house.

    I've put a sign up on my side entrance 'Beware of Dogs', incase anyone pleads ignorance and there's one going up out the back too.

    I can't imagine how it would feel to be broken into, I guess the serving members here are well used to dealing with the victims of breakin's.

    But even having had someone out our back has really shaken the family, and the dogs are being treated like little hero's now :D


  • Closed Accounts Posts: 24,878 ✭✭✭✭arybvtcw0eolkf


    esel wrote: »
    I'd say if Mairt's dogs got to the intruder, it probably would not swing any way! :eek:

    LOL, I take it you've seen my lads then?.


  • Registered Users, Registered Users 2 Posts: 1,938 ✭✭✭deadwood


    Mairt wrote: »
    I've put a sign up on my side entrance 'Beware of Dogs',
    Tell that to the dogs!

    Best protection in my experience, no matter what breed, so long as they bark. Intruders hate noise and light - they want an easy life (should have joined the guards, eh?).


  • Registered Users, Registered Users 2 Posts: 2,314 ✭✭✭Marcus.Aurelius


    I recall a case where having the "Beware of the Dog" sign backfired as this was almost in itself an admission of the thought that you were of the opinion that your animal is dangerous and thus you were fully aware of the injuries it could cause.

    My only advice is to remove the sign. If your dog is only on private property, then nobody has the right to enter its territory without your direct consent and supervision. A "Beware of the Dog" sign frequently becomes a "Please Sue Me" sign after some thicko gets bitten by your dog, regardless of location, as you were obviously aware of the fact that your dog was dangerous and failed to keep it restrained! :(


  • Registered Users, Registered Users 2 Posts: 23,077 ✭✭✭✭Esel
    Not Your Ornery Onager


    Maybe a sign saying simply "Dogs Present" or "Dogs On Site" would avoid that issue?

    Not your ornery onager



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  • Registered Users, Registered Users 2 Posts: 2,314 ✭✭✭Marcus.Aurelius


    esel wrote: »
    Maybe a sign saying simply "Dogs Present" or "Dogs On Site" would avoid that issue?

    The fact that you have dogs(vicious or not) is usually considered irrelevant once the person injured was on private property at the time.

    By acknowledging publicly that you have dogs (Beware or on site or whatever) that can be considered in anyway a hazard will most likely only undermine your case.

    You really have to sit and consider the pros and cons. For example, if your animals are seriously dangerous and inhabit the rear of the house where ESB meter readers/postman has to enter by gate then you must consider that they require access reasonably frequently and should be advised of same.

    For clarification, dogs are considered to be property, not sentient lifeforms at all! Therein lies the problem, your ass is on the line! :)


  • Registered Users, Registered Users 2 Posts: 23,077 ✭✭✭✭Esel
    Not Your Ornery Onager


    OK. How about "Do Not Feed The Dogs"? :D

    Not your ornery onager



  • Closed Accounts Posts: 640 ✭✭✭King Ludvig


    Mairt wrote: »
    An intruder in my house or someone trespassing in my back garden?.

    Is it a criminal or civil matter?.

    Reason I ask if my dogs almost got someone last night, but my son was slow to lets the dogs out so the guys made an escape.

    As I was on duty last night I never got the chance to ask the guards what would have happened had the dogs got to the guys on time.

    My dogs are house dogs, so unfortunetly I won't be leaving them out in the back but hopefully they'll catch the fvckers next time.

    Also, what security measure's are best and what would be considered as verging on the illegal side, ie glass on top of the walls etc?.


    Its not a criminal offence if your dogs attacks someone on your property while your away. The intruder however could take civil action against you and try and get compensation...not sure how that would play out.

    As for the glass on the wall, bad idea. If someone was to cut themselves on it, you would be found liable.

    Interestingly Irish people are the second most likely people to sue someone. Second only to americans of course. :rolleyes:


  • Registered Users, Registered Users 2 Posts: 2,314 ✭✭✭Marcus.Aurelius


    esel wrote: »
    OK. How about "Do Not Feed The Dogs"? :D
    MUCH better :pac:

    :D


  • Registered Users, Registered Users 2 Posts: 381 ✭✭480905


    dogs are territorial. they will kill to protect that territory. god help anybody who breaks into my house.......and judging by pictures of mairt on another thread,anybody breaking into his gaf, the jaysus dogs would be the least of their problems.


  • Closed Accounts Posts: 24,878 ✭✭✭✭arybvtcw0eolkf


    480905 wrote: »
    dogs are territorial. they will kill to protect that territory. god help anybody who breaks into my house.......and judging by pictures of mairt on another thread,anybody breaking into his gaf, the jaysus dogs would be the least of their problems.


    Believe it or not, I'm weighting just over 19st at the moment and my older dog can push me off him when we wrestle!.

    Thanks for all the replies guys, the ''Don't feed the dogs'' idea made me laugh!.

    I could do up a sign with a hoodie and a 'Swag bag' and over it say "Don't feed the dogs'' ... Although a hoodie would think I'm talking about his sister!.


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