dog bit delivery mans finger

pilly

howyegettinon1 wrote: »

Totally agree if you are if this was out in a public place
It wasn't
Dogs are there to protect the private property, trespassing is illegal

On average 2 post men get bitten a week or a day in Ireland, so I'm sure its in their training not to approach dogs and to be on the cautious side

I walk past houses with massive dogs barking, I stay the F*** away and would throw stones at someones house for attention before trying to stroll in on to the property on the assumption that the dog is friendly.......while its barking at me....

He was not trespassing, he had his hand over the gate.

I don't agree dogs are for protecting private property but if you do that's your prerogative.

Your attitude is awful OP and I don't think anyone can give you advice here other than good luck in court with that.

billie1b

eviltwin wrote: »

Good luck getting that to hold up in court. Putting your hand over a gate to hand a delivery to someone is not on their property.

This is not the guys fault at all. The owner is solely responsible for keeping the dogs under control.

Eh yeah I have actually been to court about it, back in 2009, child put their hand through my fence with a German Shepherd in the garden, he's there to protect the property.
Child got bitten on the hand, nothing too bad but the parents came around with the Garda and Dog Warden wanting the dog put down, I produced evidence of a post box on my boundary wall and signs stating 'do not enter without owners consent' and 'danger guard dog' on my garden gates. Judge threw it out, my Shepherd is still in my garden, 12 years of age. Kids will be kids snd explore etc but I won't be putting my family pet down for their stupidity. As the judge said, my garden wall and gates are my boundary to my house, as soon as part of your body passes this boundary you are now tresspassing.

Elemonator

howyegettinon1 wrote: »

Totally agree if you are if this was out in a public place
It wasn't
Dogs are there to protect the private property, trespassing is illegal

On average 2 post men get bitten a week or a day in Ireland, so I'm sure its in their training not to approach dogs and to be on the cautious side

I walk past houses with massive dogs barking, I stay the F*** away and would throw stones at someones house for attention before trying to stroll in on to the property on the assumption that the dog is friendly.......while its barking at me....

Trespass doesn't even come into this situation.

archer22

howyegettinon1 wrote: »

No it wasn't on my property, he was over the other side of the gate and leaned over to show his notepad or get a signature, he just didn't expect the dog would pounce for him

The dogs bark at people passing by they don't go too close to fence because they are afraid of the electric fence, it's a back country road and the fence is away from any passers by at least 6-8 feet if they are on my side of the road.
So on a normal day there about 20 feet from the dog to the person walking by

Postman has a door bell to ring when he needs a signature and people know not to stroll in unless the dogs know them

So the guy was leaning over the gate to show his notepad...which meant you were on other side with Dogs.So why did you not bring your Dogs under control when you were there with them.

howyegettinon1

Melendez wrote: »

This post has been deleted.

I am curious on whether a claim can be made here on not, and to be honest i font mind giving the guy a hundred quid to cover AandE visit and the tetnis shot.

Oh yeah there is no way I would disclose the intentions of biting people on any legal grounds. only saying it here

pilly

howyegettinon1 wrote: »

very easily, UN-delivered, dogs out on property, didn't go in - rescheduled for another day

Or try ringing....

He was not on my property just to make that clear again, and the dogs were out in plain view, barking(not being friendly)

You're contradicting yourself all over the place.

He was not on your property but it was the dog's job to protect your property? Which is it.

By the way, neither is a defence. You're at fault.

howyegettinon1

archer22 wrote: »

So the guy was leaning over the gate to show his notepad...which meant you were on other side with Dogs.So why did you not bring your Dogs under control when you were there with them.

man... read the OP, not me, wasn't there, viewed this from CCTV

scamalert

ah sucks OP,if living rural any chance to get in touch with the guy,and dunno cover couple hundred euro if guy agrees.While the report if its post,most likely they wont be delivering mail to you or smth in that matter before you solve the issue.

happened couple times for me,now my dog is mixed breed collie with smth small,so its mid size dog,so once adopted from previous owners knew f all about dog,since no harm to kids toddlers and basically too friendly,half a year in or so,an post had delivery so open the doors and dog runs out,now this crap with running away happened million times,but this time dog turns around and jumps postman barking,guy got **** scared and kicked the dog,he was majorly pissed,but that was it,not getting deliveries anymore from an post or prepare in advance if i do.

few more other times happened with couriers dog would try to snap the scanner or jump and bark on the guys,good for me got to know most of them and they would be aware,and nowadays once delivery is due the ring and wait outside gate for me to come out.

one time even got call that letter was sent back because dog was on premises,keep dog always inside thus whenever mail comes it its tug of war to get it all in-to say the least installed mailbox outside for piece of mind.

point being sometimes its easy to overestimate dogs,some can be go happy,but protect home when not needed.luckily in my case ended up with pissed off postman,guess bite is more serious,but would try to rectify with cash and explanation.

Since way law works if postman was to complain or go to lawyer could end up bad,in this country.

nhunter100

billie1b wrote:

signs stating 'do not enter without owners consent' and 'danger guard dog' on my garden gates. Judge threw it out, my Shepherd is still in my garden, 12 years of age. Kids will be kids snd explore etc but I won't be putting my family pet down for their stupidity. As the judge said, my garden wall and gates are my boundary to my house, as soon as part of your body passes this boundary you are now tresspassing.

Thing is the OP has no signs or warnings up. So he has a certain % of liability here.

pilly

billie1b wrote: »

Eh yeah I have actually been to court about it, back in 2009, child put their hand through my fence with a German Shepherd in the garden, he's there to protect the property.
Child got bitten on the hand, nothing too bad but the parents came around with the Garda and Dog Warden wanting the dog put down, I produced evidence of a post box on my boundary wall and signs stating 'do not enter without owners consent' and 'danger guard dog' on my garden gates. Judge threw it out, my Shepherd is still in my garden, 12 years of age. Kids will be kids snd explore etc but I won't be putting my family pet down for their stupidity. As the judge said, my garden wall and gates are my boundary to my house, as soon as part of your body passes this boundary you are now tresspassing.

See the difference here? You had signs saying "don't enter without owners consent" and "danger guard dog".

OP did not.

nhunter100

howyegettinon1 wrote:

very easily, UN-delivered, dogs out on property, didn't go in - rescheduled for another day

Or you could have stated you will make collection yourself from the depot. Works both ways .

eviltwin

billie1b wrote: »

Eh yeah I have actually been to court about it, back in 2009, child put their hand through my fence with a German Shepherd in the garden, he's there to protect the property.
Child got bitten on the hand, nothing too bad but the parents came around with the Garda and Dog Warden wanting the dog put down, I produced evidence of a post box on my boundary wall and signs stating 'do not enter without owners consent' and 'danger guard dog' on my garden gates. Judge threw it out, my Shepherd is still in my garden, 12 years of age. Kids will be kids snd explore etc but I won't be putting my family pet down for their stupidity. As the judge said, my garden wall and gates are my boundary to my house, as soon as part of your body passes this boundary you are now tresspassing.

Very surprised at that tbh. I didn't think those signs excused owner liability.

Melendez

This post has been deleted.

nuckeythompson

Similar happened to a friend of mine. His German Shepard bit a child's finger. The child put her hand through a gate. Dog warden involved but no civil case because he engaged with the parents. Dog warden advised it's not only his responsibility to keep the dog in but also to prevent people entering in. So he fences everything off to prevent anyone sticking their arm in. He was advised to place a sign up and lock his gate.
A year passes and a DHL lad opens the gate ( not locked ) and the dog latched onto his arm. After a struggle the dog escaped. I caught the dog and took him home. He was destroyed a few days later. Luckily the driver was an owner of a gs too and did not take action. Dog warden did though.
You mentioned you hide the door bell? WTF
I would be taking a look at your responsibility as a dog owner before anything. What if a child climbs over for a ball or something? A sign won't mean a dam then.
To answer your question, it's your fault all day long.
Find out what whiskey he drinks. Evading responsibility or to pass blame would encourage a civil suit

njs030

Your dog has bitten someone who wasn't on your property and wasn't a threat, he wasn't under control.

Have you thought yet that he may be seized and put to sleep?

A dog who can't tell the difference between threat and relaxed is poorly trained. Totally your fault op.


I think you need to lose the attitude really quickly and deal with this properly for the sake of your poor dog

red ears

You have a dog that is more than willing to take a bite at people now, i would fully expect he won't be the last person your dog bites.

archer22

howyegettinon1 wrote: »

man... read the OP, not me, wasn't there, viewed this from CCTV

Ok so did your friend make any effort to control the Dogs or warn the delivery man to stay back from the gate...or can we assume he thought your friend was the owner and that their presence meant everything was under control.

bucketybuck

howyegettinon1 wrote: »

My dogs are under control

Clearly they are not.

After reading your responses in this thread I do hope the delivery driver takes further action, if only to prevent some poor kid getting savaged for having the cheek to stand beside your fence.

Imagine trying to claim trespassing because the guy delivering a parcel that you ordered stood outside your fence and reached over it as somebody from the house approached. :rolleyes: I'd love to see you spout that **** in court.

mloc123

notjustsweet wrote: »

Have you thought yet that he may be seized and put to sleep?

This is my reaction too. Happened to a neighbour of my aunt, dog bit the post woman and was put down (had previously bitten somebody else).

pilly

mloc123 wrote: »

This is my reaction too. Happened to a neighbour of my aunt, dog bit the post woman and was put down (had previously bitten somebody else).

Don't think OP is one bit worried about the dog. It's a guard dog for him, nothing else.

RustyNut

According to the Occupiers' Liability Act, 1995

4.—(1) In respect of a danger existing on premises, an occupier owes towards a recreational user of the premises or a trespasser thereon (“the person”) a duty—
(a) not to injure the person or damage the property of the person intentionally, and
(b) not to act with reckless disregard for the person or the property of the person,

I'm sure in this case, a big bitey dog would constitute a "danger existing on premises".

nhunter100

RustyNut wrote:

I'm sure in this case, a big bitey dog would constitute a "danger existing on premises".

Also a trespasser is someone who has no reasonable excuse to be on a premises *1994 act updated 2002 * . To any Judge a delivery man has a reasonable excuse.

Thelomen Toblackai

Think the best outcome here would be for the dog to be taken from the OP as it's clearly dangerous and he doesn't seem to have the capacity or interest to ensure the dog isn't attacking people.

pilly

Thelomen Toblackai wrote:

Think the best outcome here would be for the dog to be taken from the OP as it's clearly dangerous and he doesn't seem to have the capacity or interest to ensure the dog isn't attacking people.

In fact OP maintains the dog should attack people.

howyegettinon1

mloc123 wrote: »

This is my reaction too. Happened to a neighbour of my aunt, dog bit the post woman and was put down (had previously bitten somebody else).

yeah his gone of the property until this settles down, would not let the dog get put down

Graces7

howyegettinon1 wrote: »

the dogs are there to keep people out, that's their job to warn me and go for anyone trespassing

anyone that has a need to come onto the property, gets introduced to the dog properly by me and the dogs are fine but still cautious of the stranger

I think this is a "belt and braces" situation. My dog like yours is there to warn me and to keep folk out. and she does that splendidly. BUT when there is a need for me to go to the gate, ie when someone is near and she warns me, I call her in and close the door on her.

There is no way I would attempt to deal with a legitimate caller at the gate especially a delivery needing a signature, unless the dog was confined.


"go for" worries me a little.

Melendez

This post has been deleted.

Graces7

Bad bad memories here. Years ago I had a bad neighnour; old man who refused to accept that an old right of way was defunct.

My dogs were outside but behind a fence, a locked gate and a long driveway.

He suddenly climbed in and started yelling, then walloped my old collie with his stick; I will hear her yelp to my dying day. Clearly from what followed, he was trying to provoke her to bite.She with broken teeth by the way and he wearing thick wellies.

In fact she simply ran to me and I took the dogs in and called the Gardai.

Heard later that he was telling the folk roundabout that my dog had bitten him and he had had to go to the dr for an anti tetanus. I even had a nasty letter from his solicitor about my dogs being vicious "when she sets them on people."

Te next time he caused trouble and I had to get the gardai, I made totally and utterly sure that they saw and knew that my dogs were pure pets.. let collie climb on my lap etc...the gardai knew the old man well enough by then that they had taken no action.

I knew that I could have lost both of them.

Just takes one wrong word. That is all. and it made me even more careful with them

Zulu

Jesus.

dev100

There's no point in crying over spilt milk at this stage . Not advisable to antagonise the post man either . It's all about damage control now. If the dog drew blood it's a tetanus shot .
You should have a beware of dog sign on all your entrances into property. Hopefully the post man will decide not to claim off you. So it'll pay to be nice to him . I'd be looking at keeping dogs away from the front or controlling how people enter your property and keeping the dogs well away from that area. As another poster said if it were kids or what not then it's a different story