Fenced Dog on Private Property

lamb stew

My Rothweiler Bruce is securly fenced in to our property. He often barks and runs along the fence at passing cars cyclists and walkers etc. A woman is claiming that Bruce gave her such a fright as she passed the house that she fell off her bike. With the way the compo culture has gone in this country I'm wondering does she have a case.She didn't say she would, Im just a bit worried about it.

whippet

lamb stew wrote: »

My Rothweiler Bruce is securly fenced in to our property. He often barks and runs along the fence at passing cars cyclists and walkers etc. A woman is claiming that Bruce gave her such a fright as she passed the house that she fell off her bike. With the way the compo culture has gone in this country I'm wondering does she have a case.She didn't say she would, Im just a bit worried about it.

Sort out your fence or garden so that your dog isn't a nuisance to other people

lamb stew

whippet wrote: »

Sort out your fence or garden so that your dog isn't a nuisance to other people

He is securely fenced 6ft and my garden is fine. plenty of flowers

lamb stew

whippet wrote: »

Sort out your fence or garden so that your dog isn't a nuisance to other people

He is securely fenced 6ft and my garden is fine. plenty of flowers, he did not leave the property. he was behind the fence at all times

drunkmonkey

Next she'll be suing RTE as faherty made her spill a cup of tea.
Smile and wish her the best in the claim.

IRAC War

The claim is colourable if you look at the elements of negligence, given you've admitted you know what your Dog does. Simply hand it over to your house insurance should anything come of it.

I have to agree though that you need to take better care of your Dog so that it is not a nuisance to other people. What you're describing is symptomatic of a bored dog that isn't getting enough exercise. Try an get it out for at least an hour a day preferably with some strenuous exercise like fetch etc.

lamb stew

IRAC War wrote: »

The claim is colourable if you look at the elements of negligence, given you've admitted you know what your Dog does. Simply hand it over to your house insurance should anything come of it.

I have to agree though that you need to take better care of your Dog so that it is not a nuisance to other people. What you're describing is symptomatic of a bored dog that isn't getting enough exercise. Try an get it out for at least an hour a day preferably with some strenuous exercise like fetch etc.

He gets 2hrs to 2.5 hours of exercise a day. 1.5 hour session and a 30- 45 mins session

Manach

There does not seem to be a case to answer. The OP's description is in line with how a dog is to be controlled within their property. More over there is the utility of such an animal, a guard has a function to alert in the presence of strangers near its territory and as such a judge is unlikely to find reasons to overturn this on judicial economic grounds.

lamb stew

lamb stew wrote: »

He gets 2hrs to 2.5 hours of exercise a day. 1.5 hour session and a 30- 45 mins session

he has pet insurance, home insurance does not cover dogs on the restricted breed list

Ericdravancrow

People need to get a dog appropriate to their living conditions, not the fog they want to have regardless... I'd love a golden retriever but not in a 6ft square garden, that's just cruel.

lamb stew

Ericdravancrow wrote: »

People need to get a dog appropriate to their living conditions, not the fog they want to have regardless... I'd love a golden retriever but not in a 6ft square garden, that's just cruel.

I understand where you are coming from, but this dog has the bones of an acre, maybe 0.75 of one

runawaybishop

lamb stew wrote: »

My Rothweiler Bruce is securly fenced in to our property. He often barks and runs along the fence at passing cars cyclists and walkers etc. A woman is claiming that Bruce gave her such a fright as she passed the house that she fell off her bike. With the way the compo culture has gone in this country I'm wondering does she have a case.She didn't say she would, Im just a bit worried about it.

Don't worry. Dogs bark at strangers. It's a major reason for getting one and her incompetence at riding a bike isn't your problem.

nibtrix

Ericdravancrow wrote: »

People need to get a dog appropriate to their living conditions, not the fog they want to have regardless... I'd love a golden retriever but not in a 6ft square garden, that's just cruel.

I would think the 6ft referred to the height of the fence...

byhookorbycrook

Ericdravancrow wrote: »

People need to get a dog appropriate to their living conditions, not the fog they want to have regardless... I'd love a golden retriever but not in a 6ft square garden, that's just cruel.

Read the post again, the fence is 6 feet, not the area enclosed.

Ericdravancrow

lamb stew wrote: »

I understand where you are coming from, but this dog has the bones of an acre, maybe 0.75 of one

OK...good to hear.

lamb stew

nibtrix wrote: »

I would think the 6ft referred to the height of the fence...

Dog is walked, alot more than other dogs his size. There is nearly always omeone at home with him, plus the exercise mentioned does not include the running around he does with the kids. Got him because we were burgled 3 times in 11 months

Aineoil

I'm just curious. How old is Bruce?

lamb stew

Aineoil wrote: »

I'm just curious. How old is Bruce?

Bruce is 3

the_pen_turner

all I read here is that a cyclist wasn't paying attention(presumably she should have been able to see the dog) and lost control when something unexpected happened. if someone blew a horn would she freak out too

groovyg

Ah for crying out loud thats madness! and compo culture gone crazy if she does try and make a claim. I don't understand how she could have a claim when the dog didn't leave the property. Its up to her to be able to handle herself on the bike or else she should't be cycling.

IRAC War

lamb stew wrote: »

He gets 2hrs to 2.5 hours of exercise a day. 1.5 hour session and a 30- 45 mins session

I would speak to your vet and see if there is anything they can suggest, the dog shouldn't be running up and down chasing people if it's well exercised and not bored. It may be that you've trained it (inadvertently or by design) which would add to the weight of a colourable claim.

Fair enough if someone is hanging around the dog might decide to go and check it out but frequent passers by - assuming they're frequent of course - is not something that should be engaging the dog.

Note that I don't really think the person would succeed, just that they could be a nuisance.

Little CuChulainn

Buy her a set of stabilisers for her bike. As to your dogs behaviour, there are a number of techniques to stop a dog being so protective of its territory. Shows like the dog whisperer deal with the issue a lot. I'd say a google or youtube search would yield plenty of ideas

lamb stew

IRAC War wrote: »

I would speak to your vet and see if there is anything they can suggest, the dog shouldn't be running up and down chasing people if it's well exercised and not bored. It may be that you've trained it (inadvertently or by design) which would add to the weight of a colourable claim.

Fair enough if someone is hanging around the dog might decide to go and check it out but frequent passers by - assuming they're frequent of course - is not something that should be engaging the dog.

Note that I don't really think the person would succeed, just that they could be a nuisance.

Thanks IRAC war. First and foremost even though I got him for security, he is a family pet, a much treasured one at that. i admit, I don't like when he does it but when I brought him to obedience classes when he was younger I mentioned it to the tutor and he looked at me like do you realise it is a dog you have, that issue didn't seem to bother him, but he told me not to give out to him while he was doing it, as I was only giving him attention

Peregrinus

IRAC War wrote: »

I have to agree though that you need to take better care of your Dog so that it is not a nuisance to other people. What you're describing is symptomatic of a bored dog that isn't getting enough exercise. Try an get it out for at least an hour a day preferably with some strenuous exercise like fetch etc.

Dogs are territorial. If left at home alone they will "guard" the territory by barking at people who approach. This doesn't mean that they are bored or otherwise neglected.

OP, on the basis of what you say I don't think this person has a huge chance of success. If you want to be good-neighbourly, though, consider fencing off the back garden separately and leaving the dog there, so that if she does bark at passers-by she will be doing so from a distance.

(This would also have the advantage that you avoid the risk of being sued by someone who has legitimately entered the property (to deliver the post, to read the meter, to call to the front door) being injured by the dog. But perhaps there are already arrangements in place to ensure this doesn't happen.)

Although nobody has raised the issue, it's worth pointing out that if the complaint came from the occupants of neighbouring residences, the situation would be different. A dog defending its territory by barking may be natural and healthy, but it's also a nuisance if it goes on constantly and causes annoyance and disruption to the neighbours. Were they to make a complaint, I'd take the prospects of success a bit more seriously. This lady doesn't have a good cause of action, but it doesn't follow that the OP has a right as against the world to leave a Rottweiler roaming all day in a suburban garden, even if it is well-fenced.

percy212

That woman is a danger to herself. Your dog in on your property which is well fenced off. I think that shows a duty of care to passers by. If that cyclist is nervous of loud noises she shouldn't be on a bike.

IRAC War

Peregrinus wrote: »

Dogs are territorial. If left at home alone they will "guard" the territory by barking at people who approach. This doesn't mean that they are bored or otherwise neglected.

The only point in time I've not had a dog is since living in Ireland due to where I have lived; so as an estimate that was 25 years with various dogs. Not once did we ever have an issue with the dog running around the periphery of the property barking at people. I will concede the tiny little yap box my parents now have (given they're in their late 70s and he probably only gets about 2-3 miles a day) does bark at the door bell, he certainly doesn't wander around barking at random passers by.

I'm frequently shocked at the state of dog ownership in this country from people letting them run wild in rural areas killing livestock to idiots in urban setting who just don't walk the bloody things. FWIW I think the OP has a genuine issue with the breed and a behaviour that while not encouraged has not been discouraged either, and while I was initially having a bit of a go my attitude in this case has changed with more info from the OP, that doesn't change the fact that a dog shouldn't and needn't be causing a nuisance. To be fair on rereading your post I see that you're not suggesting that they should be - I still don't buy the it's natural to bark at every passer by though.

Peregrinus

I'm not saying that all dogs do this, and possibly - I don't know - the propensity to do it varies from breed to breed. But it's basic territorial behaviour and, as such, not necessarily indicative of a suffering or neglected dog, which was really the point I wanted to make.

A separate phenomenon is the dog who, when left at home, barks constantly, whether or not anyone is approaching the "territory". That is a bored or insecure dog; basically, he is feeling abandoned and is looking for notice or company.

As well as being territorial, dogs are pack animals. For a domestic pet, the pack is the family. If the rest of the pack heads off and leaves him behind and alone, he feels insecure/abandoned. He needs to learn that he can be confident that the pack will return, and some dogs learn this more easily than others. (Either they're not as bright, or they are more than ordinarily psychologically dependent on the pack.) If you're dog really can't learn this, and continues to bark all day, he's unhappy. If you can't fix the problem, the best thing for him may be to pass him on to a home where he won't be alone all day.

lamb stew

Peregrinus wrote: »

I'm not saying that all dogs do this, and possibly - I don't know - the propensity to do it varies from breed to breed. But it's basic territorial behaviour and, as such, not necessarily indicative of a suffering or neglected dog, which was really the point I wanted to make.

A separate phenomenon is the dog who, when left at home, barks constantly, whether or not anyone is approaching the "territory". That is a bored or insecure dog; basically, he is feeling abandoned and is looking for notice or company.

As well as being territorial, dogs are pack animals. For a domestic pet, the pack is the family. If the rest of the pack heads off and leaves him behind and alone, he feels insecure/abandoned. He needs to learn that he can be confident that the pack will return, and some dogs learn this more easily than others. (Either they're not as bright, or they are more than ordinarily psychologically dependent on the pack.) If you're dog really can't learn this, and continues to bark all day, he's unhappy. If you can't fix the problem, the best thing for him may be to pass him on to a home where he won't be alone all day.

If you read my other posts you will know that there is nearly always somebody at home with him., except for the odd day. The day this incident is allegedly supposed to have happened the complainant said my kids were out on the lawn with Bruce. Secondlydogs bark at strangers for numerous reasons as outlined here. Bruce is more prone to barking at passer byes when his pack are at home. He is obviously more protective of his pack than his pack's property. Dog behaviour is not the reason I posted this. He's a Rothweiler, not a king charles, they're able to stay on their own with having a breakdown

lamb stew

Peregrinus wrote: »

I'm not saying that all dogs do this, and possibly - I don't know - the propensity to do it varies from breed to breed. But it's basic territorial behaviour and, as such, not necessarily indicative of a suffering or neglected dog, which was really the point I wanted to make.

A separate phenomenon is the dog who, when left at home, barks constantly, whether or not anyone is approaching the "territory". That is a bored or insecure dog; basically, he is feeling abandoned and is looking for notice or company.

As well as being territorial, dogs are pack animals. For a domestic pet, the pack is the family. If the rest of the pack heads off and leaves him behind and alone, he feels insecure/abandoned. He needs to learn that he can be confident that the pack will return, and some dogs learn this more easily than others. (Either they're not as bright, or they are more than ordinarily psychologically dependent on the pack.) If you're dog really can't learn this, and continues to bark all day, he's unhappy. If you can't fix the problem, the best thing for him may be to pass him on to a home where he won't be alone all day.

If you read my other posts you will know that there is nearly always somebody at home with him., except for the odd day. The day this incident is allegedly supposed to have happened the complainant said my kids were out on the lawn with Bruce. Secondly dogs bark at strangers for numerous reasons as outlined here. Bruce is more prone to barking at passer byes when his pack are at home. He is obviously more protective of his pack than his pack's property. Dog behaviour is not the reason I posted this. He's a Rothweiler, not a king charles, they're able to stay on their own with having a breakdown

Peregrinus

lamb stew wrote: »

If you read my other posts you will know that there is nearly always somebody at home with him., except for the odd day. The day this incident is allegedly supposed to have happened the complainant said my kids were out on the lawn with Bruce. Secondlydogs bark at strangers for numerous reasons as outlined here. Bruce is more prone to barking at passer byes when his pack are at home. He is obviously more protective of his pack than his pack's property. Dog behaviour is not the reason I posted this. He's a Rothweiler, not a king charles, they're able to stay on their own with having a breakdown

Sure. I didn't mean to suggest that your dog was displaying this behaviour; sorry if it came accross that way. I was just distinguishing between territorially-motivated barking and abandonment-motivated barking.

Yes, from what you say Bruce may be defending the pack. But the fact that he perceives the pack to be under threat may be linked to the fact that they are at home. If the kids and Bruce were out in a park, say, Bruce might be less inclined to bark at anyone approaching. But anyone approaching the territory, when the pack is there, gets his hackles up. The combination of the two circumstances makes him feel that he needs to put on a display of alertness/aggression that either circumstance alone would not call for.

The fact that this was a cyclist might also be relevant. Some dogs - I don't know whether this includes Bruce - are particularly spooked by cyclists. There may be something auditory going on that we humans can't detect - I don't know.

Miaireland

Maybe you could section off the garden so the dog is not so near to the fence. An former neighbour of mine had to do that after his dog startled a mother and child barking at them when passig the gate and the child broke away from the mother in terror and straight onto uncoming traffic. Neighbour put a solid fence about two metres back from the gate and it doesn't seem to be such a issue anymore.

Esel

lamb stew wrote: »

If you read my other posts you will know that there is nearly always somebody at home with him., except for the odd day. The day this incident is allegedly supposed to have happened the complainant said my kids were out on the lawn with Bruce. Secondly dogs bark at strangers for numerous reasons as outlined here. Bruce is more prone to barking at passer byes when his pack are at home. He is obviously more protective of his pack than his pack's property. Dog behaviour is not the reason I posted this. He's a Rothweiler, not a king charles, they're able to stay on their own with having a breakdown

That's why you bought him, instead of a small spaniel - as a guard dog. Any break-ins since?

Does he spend the night inside the house or outside? Or just inside at night? It's a dog's life...

IRAC War

Peregrinus wrote: »

The fact that this was a cyclist might also be relevant. Some dogs - I don't know whether this includes Bruce - are particularly spooked by cyclists. There may be something auditory going on that we humans can't detect - I don't know.

To be fair and to inject some humour into something that now has us all walking on eggshells, partly my faulty sorry - to be fair to Bruce I happen to agree with his stance on bloody cyclists!

lamb stew

Peregrinus wrote: »

lamb stew wrote: »

If you read my other posts you will know that there is nearly always somebody at home with him., except for the odd day. The day this incident is allegedly supposed to have happened the complainant said my kids were out on the lawn with Bruce. Secondlydogs bark at strangers for numerous reasons as outlined here. Bruce is more prone to barking at passer byes when his pack are at home. He is obviously more protective of his pack than his pack's property. Dog behaviour is not the reason I posted this. He's a Rothweiler, not a king charles, they're able to stay on their own with having a breakdown

Sure. I didn't mean to suggest that your dog was displaying this behaviour; sorry if it came accross that way. I was just distinguishing between territorially-motivated barking and abandonment-motivated barking.

Yes, from what you say Bruce may be defending the pack. But the fact that he perceives the pack to be under threat may be linked to the fact that they are at home. If the kids and Bruce were out in a park, say, Bruce might be less inclined to bark at anyone approaching. But anyone approaching the territory, when the pack is there, gets his hackles up. The combination of the two circumstances makes him feel that he needs to put on a display of alertness/aggression that either circumstance alone would not call for.

The fact that this was a cyclist might also be relevant. Some dogs - I don't know whether this includes Bruce - are particularly spooked by cyclists. There may be something auditory going on that we humans can't detect - I don't know.

He's not spooked, and I imagine he gets an element of enjoyment out of it. He wouldn't bark at all cylists, to be fair. Walkers with their dogs are always guaranteed a good barking

dashoonage

I think you're all right here man. She more than likely will take a case against the manufactures of the bike because it fell over.

IRAC War

lamb stew wrote: »

He's not spooked, and I imagine he gets an element of enjoyment out of it. He wouldn't bark at all cylists, to be fair. Walkers with their dogs are always guaranteed a good barking

Well that, even I'll admit, is perfectly natural.

lamb stew

Esel wrote: »

lamb stew wrote: »

If you read my other posts you will know that there is nearly always somebody at home with him., except for the odd day. The day this incident is allegedly supposed to have happened the complainant said my kids were out on the lawn with Bruce. Secondly dogs bark at strangers for numerous reasons as outlined here. Bruce is more prone to barking at passer byes when his pack are at home. He is obviously more protective of his pack than his pack's property. Dog behaviour is not the reason I posted this. He's a Rothweiler, not a king charles, they're able to stay on their own with having a breakdown

That's why you bought him, instead of a small spaniel - as a guard dog. Any break-ins since?

Does he spend the night inside the house or outside? Or just inside at night? It's a dog's life...

Yes, but he is a great pet, especially with children. Nope no break in since. Don't think I will ever go without a guarding type dog again. After the last break inn , I wanted a German Shepherd, cuz I grew up with them and think they're a gem ofca breed, but the wife was terrified of them. My brother in law had a rothie and she happened to like their dog , so to compromise we went for a rothie.. he sleeps both inside and outside. Depending on my shift work.lets say im on nights he sleeps outside

alpha13

ok... no one has asked this question... BUT.. was the woman on the bike...ON the footpath and at a close proximity to the house???
if so.. then firstly SHE is not supposed to be on the foothpath... and the close proximity to the garden with the children in it AND possibly the noise from the bike..maybe dry and squeeky.. we all know how a dog reacts to a dog whistle!!! would naturally have an effect.
rotweillers bark alot when people are near their place..especially if thye are noisy.. but it is just barking/... no aggression in it...
my cousin has had rotweillers and they have always barked when people are near by but have never been a problem unless strangers actually went up to the fence...
lady really should have been paying attention and due care but clearly wasnt or is chancing her arm to save her own humiliation for being an idiot..
dog is NOT the problem...
p.s big thumbs up to you.. you really sound like a responsible and descent dog owner
happy days for bruce

lamb stew

alpha13 wrote: »

ok... no one has asked this question... BUT.. was the woman on the bike...ON the footpath and at a close proximity to the house???
if so.. then firstly SHE is not supposed to be on the foothpath... and the close proximity to the garden with the children in it AND possibly the noise from the bike..maybe dry and squeeky.. we all know how a dog reacts to a dog whistle!!! would naturally have an effect.
rotweillers bark alot when people are near their place..especially if thye are noisy.. but it is just barking/... no aggression in it...
my cousin has had rotweillers and they have always barked when people are near by but have never been a problem unless strangers actually went up to the fence...
lady really should have been paying attention and due care but clearly wasnt or is chancing her arm to save her own humiliation for being an idiot..
dog is NOT the problem...
p.s big thumbs up to you.. you really sound like a responsible and descent dog owner
happy days for bruce

Thanks Alpha , She claims she was cycling when she fell off. No footpath, its an ordinary country road.

IRAC War

lamb stew wrote: »

Thanks Alpha , She claims she was cycling when she fell off. No footpath, its an ordinary country road.

While I absolutely have sympathy for the cyclist and believe causation is made out, one could equally argue that although not expected when cycling through suburban Dublin, out in the country one is going to expect dogs.

Despite my efforts (okay hardly exhaustive) I'm not finding anything barring recovery for being startled and an injury flowing from that. Any case law either way would be very much appreciated.

alpha13

ok so she WASNT paying attention on a country road???? clearly her own fault.
dog is on its own property and it is NOT a residential area so low footfall in front of the place...
sounds to me like the dog did her a favour by snapping her back into reality and not having a serious accident on the roads.. imagine if she got spooked and went in front of a car...
so your dog is actually saving that idiot...NOT doing a bad thing..
good boy bruce..keep it up..
you said it yourself he doesnt bark at EVERY passer by..
they know and sense things we dont...