# Law regarding dogs defending you or your home.



## Wolfgeist (Dec 4, 2010)

Hello everyone,

I have had a lingering question for months now in regards to laws in my area concerning dogs and property. I have heard that a dog biting someone who has invaded your home makes YOU liable, and you can be sued or your dog can be seized for biting/defending your home. I thought this was ludicrous, so I decided to ask those who know best!

I took my 8 month old pup Hunter for a walk around the block a few moments ago and ran into the Canine Unit which was parked in the mall parking lot. They stopped me to ask if they could pet Hunter, which I VERY HAPPILY said yes! I told them I absolutely loved the Canine Unit, wanted to be a K9 Officer when I was young, and told them that Hunter is from working-lines and is being trained in Schutzhund. After a small chat, I asked them about laws regarding dogs and property.

I gave the Officer the following scenario:

Someone breaks in to my home or enters entirely uninvited, my dog bites that person because he was defending my property/me, am I liable and can anything happen to my dog?

The Officer says I am NOT liable and as long as my dog has his rabies vaccine, nothing would be done to me or my dog. Anyone who enters my property uninvited does so "at their own risk" and I have the right to allow my dog to defend me and my home. I cannot be sued for my dog biting someone while on my property (again, uninvited), and my dog will not be seized. He said to take the dog out of the situation, it is just like me punching somebody square in the face and holding them until police arrives. It is considered personal protection.

I thought I would share that information, that is how it works here in Ontario, Canada!


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## Liesje (Mar 4, 2007)

Here, it's not really a matter of clear cut laws. Anyone can sue anyone over just about anything. The difference is whether or not a judge will hear the case, and if so, how it will be settled. Technically, I am liable for what my dogs do on my property. If someone gets bit on my property, they can still sue me. Now a judge might not rule in their favor or might just throw the case out. The dog is a liability just like having a trampoline, a swingset, a pool, etc. All these things can get you sued and often mean higher home owner's insurance.


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## LaRen616 (Mar 4, 2010)

Liesje said:


> Here, it's not really a matter of clear cut laws. Anyone can sue anyone over just about anything.


Exactly, I remember hearing about a man that broke into someone's home and broke his arm doing whatever he was doing and he sued the owner and won.


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## Wolfgeist (Dec 4, 2010)

Liesje said:


> Here, it's not really a matter of clear cut laws. Anyone can sue anyone over just about anything. The difference is whether or not a judge will hear the case, and if so, how it will be settled. Technically, I am liable for what my dogs do on my property. If someone gets bit on my property, they can still sue me. Now a judge might not rule in their favor or might just throw the case out. The dog is a liability just like having a trampoline, a swingset, a pool, etc. All these things can get you sued and often mean higher home owner's insurance.


That's frightening... I guess laws are incredibly different in various locations. I wonder it if is a state vs state thing or country vs country thing. Is that typical in states across America?


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## ShenzisMom (Apr 27, 2010)

That sounds so exciting!


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## Wolfgeist (Dec 4, 2010)

ShenzisMom said:


> That sounds so exciting!


Sorry?


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## I_LOVE_MY_MIKKO (Oct 4, 2006)

Wild Wolf said:


> That's frightening... I guess laws are incredibly different in various locations. I wonder it if is a state vs state thing or country vs country thing. Is that typical in states across America?


It varies state to state.


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## Liesje (Mar 4, 2007)

Wild Wolf said:


> That's frightening... I guess laws are incredibly different in various locations. I wonder it if is a state vs state thing or country vs country thing. Is that typical in states across America?


I don't think there is a clear cut law. You would bring a case to court. For example, when I moved into the house I lived in during college, I noticed a few of the boards on the back deck were really rotted. If someone wasn't careful, they would step on a rotten board, break through, and probably break their leg or worse. The landlord is responsible for this as the owner of the property, so they'd be liable if an incident happened. If I broke my leg on that deck and wanted the landlord to pay for my medical bills, I would open a case in court and a judge would hear the case, consider all the factors, and make a ruling. Having a dog works the same way, the dog is like a piece of your property that has the potential to hurt someone. Now, if someone were bitten while committing a crime, a judge is probably not going to hear that case or rule in the criminal's favor. Though, I have a friend whose parents were sued when some kids trespassed onto their dock, dove into the water, and got hurt diving so shallow. Even though the kids were trespassing supposedly the home owners were liable because there was no warning about no diving.

Owning a dog is perfectly legal, so there are not clear cut laws like statues we have for crimes.


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## hunterisgreat (Jan 30, 2011)

Its a matter of the details of the situation, and who's got a better lawyer. I asked if I should put "caution, working K9" on my vehicle. Was told "On the one hand, you're providing warning which makes you less culpable since you warned first, on the other hand, it is making you more culpable as it is an indirect admission that you knowingly allowed a dangerous situation that could have been prevented".


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## ShenzisMom (Apr 27, 2010)

... meeting the Canine Unit, getting info that comes from a reliable source...? I would be excited if I met a couple friendly people from the Canine Unit.


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## Wolfgeist (Dec 4, 2010)

ShenzisMom said:


> ... meeting the Canine Unit, getting info that comes from a reliable source...? I would be excited if I met a couple friendly people from the Canine Unit.


I was VERY excited meeting them!!


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## ladyfreckles (Nov 10, 2011)

I know in my county we have to have several guard dog regulations. 

If you are training your dog to be a guard dog, the license costs more money. Here it's $30 altered, $60 unaltered, and $100 to license a guard dog. 

As for a regular dog that just happens to bite an intruder, I don't know. It's all open and in the air. The court must declare the animal to be "vicious" and there's a list of circumstances that must be considered in that declaration. This includes whether or not the animal was on its own property. The law seems to favor animals on the owner's property as there are a bunch of measures in place to deal with animals that get loose. 

We also have laws in place regarding "nuisance" animals. Your dog is counted as a public nuisance if it bites two or more times in two years. It will no longer be permitted to reside in the county.


You just have to hope the judge isn't stupid.


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## martemchik (Nov 23, 2010)

I would hope/think that having your dog do the dirty work with an intruder would actually limit your liability. I know that according to the law you are only responsible to keep people safe on your property if they are invited to be there. If they are there illegally, and get hurt, you are not responsible. But again, the courts sometimes see it differently. I know that all pools need to have the no diving signs on them in case such a thing happens. But, having your dog do the "protecting" might lessen your liability because as a human you have the ability to reason. And if your reaction to someone on your property is unreasonable, you will be liable for anything that you might have done that is above and beyond what a regular person might be expected to do.

Maybe signs like "No tresspassing" or "Keep off" would help with that. But in your home...a dog should have free reign.


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## Lilie (Feb 3, 2010)

Following regards the state of Texas. Pretty vague. I hunted around for a moment to see if I could find something that stated directly if the dog bit someone who was breaking into your home, but was unable to. Not saying there isn't one, just couldn't find one. ​ 
What is says to me, is that if someone breaks into my home while I'm there and my dog bites them, I'm protected by this law. But if I'm not home, it would become a very grey area. It also says to me that if I am outside of my home and I witness one of the felonies (listed below) and I attempt to assist the victim and my dog bites the criminal, my dog is protected by law. ​ 
"Another defense allowed by section 822.006 of Title 10 is that the person attacked by the dog was involved in an unlawful activity. Specifically, the person attacked must be engaged in activities prohibited by chapters 19, 20, 21, 22, 28, 29 and 30 of the penal code. These chapters refer to serious offenses, including criminal homicide, kidnapping, unlawful restraint, people trafficking and sexual offenses"​


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## Liesje (Mar 4, 2007)

The problem is the penal code is not the same as suing someone for damages if your dog bites that person. One is criminal and one is civil. I think most "dog bite cases" are not criminal cases so the penal codes don't apply.


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## Dainerra (Nov 14, 2003)

Also, don't take the word of the K9 unit as gospel. *Cops aren't lawyers*. They are not the ones who make the decisions on whether or not a case will go to trial (if it's criminal). Not to mention, a lawsuit would be civil, which is an entirely different segment of the legal code. If you want a legal opinion on "could I be charged criminally", contact you local District Attorney's office. If you want an opinion for "is there cause for a civil case" chat with an attorney who handles this kind of case. They will know if there is precedent in your area for this type of situation.

A good rule of thumb is "anyone can sue for anything" There is a guy in prison for vehicular manslaughter after pleading guilty. He is now suing the estate of one of the victims, saying that the VICTIM is actually the one who caused the action. He is seeking pain and suffering as compensation for his time in jail, among other damages.


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## marshies (May 18, 2011)

I learned from my law professor that you are still liable.
Believe it or not you owe a duty of care EVEN to trespassers. Obviously that duty of care is lower than if you were to invite someone to your property.


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## KZoppa (Aug 14, 2010)

Maryland Dog Bite Law


My understanding (please bear in mind, i suck at reading and understanding legal speak lol so bear with me on this!) is that if my dog bites someone out on a walk, I'm liable. HOWEVER, if my dog bites someone on my property/place of residence and that person either knowingly trespassed (break and enter) or unknowingly trespassed, i'm not liable because they were on my property/place of residence. 

It goes through and explains the one bite rule and how it works and what needs to be proven and such for me to be liable if my dog were to bite someone off property. 

Basically, my understanding is, its my fault if my dog bites someone off property (fully understandable) but if my dog bites someone who is on my property uninvited by me, the trespasser is the one in the wrong and not me or my dog. 

If ANYONE with a much better understanding of the whole legal speak thing can explain it better or correct me if i am wrong, thats cool too.



http://dogbitelaw.com/statutory-strict-liability-state/colorado.html

and for Colorado, it appears the same basic idea applies. You knowingly trespass or unknowingly trespass and my dog bites you, its your fault not mine or my dogs BUT I also have to have a Beware of dog sign OR a No Trespassing sign posted. 

*(5) A dog owner shall not be liable to a person who suffers bodily injury, serious bodily injury, or death from being bitten by the dog:*

*(a) While the person is unlawfully on public or private property;*

*(b) While the person is on property of the dog owner and the property is clearly and conspicuously marked with one or more posted signs stating "no trespassing" or "beware of dog";*

*(c) While the dog is being used by a peace officer or military personnel in the performance of peace officer or military personnel duties;*

*(d) As a result of the person knowingly provoking the dog;*

*(e) If the person is a veterinary health care worker, dog groomer, humane agency staff person, professional dog handler, trainer, or dog show judge acting in the performance of his or her respective duties; or*

*(f) While the dog is working as a hunting dog, herding dog, farm or ranch dog, or predator control dog on the property of or under the control of the dog's owner.*



I like the fact that Colorado has it in their Statute that if someone basically teases my dog to the point of biting while on my property, i'm not liable for it because they were the idiot who did it. They seem to use.... gasp! common sense in their explaination of when one would be liable and when one would be at fault.


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## KentuckyGSDLover (Nov 17, 2011)

I live in a "castle doctrine" state so if my dog defends me, there is a low probability that a criminal is treated like anything but a criminal and likely a case against me would be thrown out. This thread made me curious and got me looking things up, and in Kentucky a trespasser isn't exempt from a dog defending its home, either. Out in public is a completely different story, but that's as it should be.


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## jetscarbie (Feb 29, 2008)

I think every state is different. Also, I think the amount of publicity matters also. (way to many cases get blowed up b/c of media)

I had a talkative cop up here one time. We got to talking about homeowners rights. He told me that warning signs don't matter. He said that if somebody broke into my garage or was outside.....my only right is to call the police. If I turned my dogs loose on the crook....I am wrong. He did say it would be different if that person came in my house. Let's be honest....anybody can sue anybody for anything.

Every so often, we have people around here that don't have anything better to do, so they play "mailbox baseball" with every body's mailboxes. ugh My husband was going to put some steel poles up along the side and reinforce the mailbox (haha, that way they would get a good ding) The cop told me that day......if somebody got hurt doing that....they could sue us b/c we tampered with the spec's of the mailbox.

The reason the cop was here....he was passing by and somebody streamed toilet paper across the road. A hazard. He followed the toilet paper....and our whole house and yard was done in toilet paper.
The cop told me that there are parents around here that will drive their kids to toilet paper someones home. Weird

But...just imagine how bad that could have went. At the moment kids were outside, I could have released my dogs to go pee. My dog's could have bitten somebody. Or a kid could have taken off running and fell and broke their leg. Yes, the cop told me that i would have been responsible and probably sued. He said he's seen several cases like that.

That a lot of could have, would have, maybe's, and probably's. 

We still reinforced our mailbox with steel. Those dang mailboxes and poles are expensive to keep replacing.


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## gewaltiger Sturm (Jan 25, 2012)

Yes, anyone can sue anyone for anything. Take the lady who sued McDonalds because she spilled hot coffee in her own lap and WON!! Its a lawer/judge thing! However, to the post I quoted below. One way around the "warning" is instead of a sign like a lot of people use that says "Gaurd dog" or "Property protected by" I prefer to use a sign that simply states (In my case) "German Shepherd on Premises". Its is just telling you that he is here. Nothing more! You could even go as far as using a sign that just said "I love my German Shepherd" If someone wants to take that chance let em. They will have a hard time beating me in court. I love the state of NC. We just passed a law that allows a civilian to shoot you just for trying to enter our home. So its either the dog or my service weapon you will have to deal with. Take your pick!





hunterisgreat said:


> Its a matter of the details of the situation, and who's got a better lawyer. I asked if I should put "caution, working K9" on my vehicle. Was told "On the one hand, you're providing warning which makes you less culpable since you warned first, on the other hand, it is making you more culpable as it is an indirect admission that you knowingly allowed a dangerous situation that could have been prevented".


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## Miss Molly May (Feb 19, 2010)

Wild Wolf said:


> Hello everyone,
> 
> I have had a lingering question for months now in regards to laws in my area concerning dogs and property. I have heard that a dog biting someone who has invaded your home makes YOU liable, and you can be sued or your dog can be seized for biting/defending your home. I thought this was ludicrous, so I decided to ask those who know best!
> 
> ...


That's good to hear!!! When I am out of town I hope Molly would protect my wife if someone were to break in! There has been a raise in home invasion in my area recently I am not sure how Molly would react if someone did break in but I know just her bark and look is intimidating enough to make a criminal think twice!!


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## gewaltiger Sturm (Jan 25, 2012)

Miss Molly May said:


> That's good to hear!!! When I am out of town I hope Molly would protect my wife if someone were to break in! There has been a raise in home invasion in my area recently I am not sure how Molly would react if someone did break in but I know just her bark and look is intimidating enough to make a criminal think twice!!


My last GSD was a big baby. I wondered the same thing. In his 13 years he was upset with 2 people. He growled at 1 and that person ended up ripping a friend of mine off for $500.00. The other he would have killed had there not been a fence between them and it turned out that person had broken in my house while I was away!


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## Zisso (Mar 20, 2009)

ladyfreckles said:


> I know in my county we have to have several guard dog regulations.
> 
> If you are training your dog to be a guard dog, the license costs more money. Here it's $30 altered, $60 unaltered, and $100 to license a guard dog.
> 
> ...


Just curious if you know if these laws are for the state of WA or just for Seattle? I am in Tacoma. 

Last year one of the neighbor guys was drunk and somehow climbed over the fence into my yard and proceeded to call out for his buddies. I heard him and looked and finally saw him the 2nd time - called police to report someone drunk in my yard - told the guy he had 30 seconds to get out of my yard before I let the dogs out. I had been having major trouble with these punks for quite awhile and was super irritated. When the cops came, I asked them what would have happened if I had let the dogs out and they bit the guy. Cops told me that the kid could have sued me, but the court would have thrown the case out because the kid was trespassing. I wish I had let the dogs out to start with. 

Another scenario to consider is, what if I didn't know someone was in my yard when I let the dogs out, they find the intruder, and bite before I can do anything about it. Seems like I shouldn't be liable in either case because my yard is fenced and I do have signs posted- they say Dog On Premises.


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## Gwenhwyfair (Jul 27, 2010)

Oh my gosh...that's partially an urban legend.

She was not driving. The coffee was hot enough to cause 2nd and 3rd degree burns. She had to undergo skin grafting due to the severity of the burns. She only asked for help with medical bills prior to going to court. McDonald's said no.

She went to court, again asking only for medical bills which had amounted to $20,000. The court awarded her far more because of other incidences of people being severly burned by the extremely hot coffee. McDonald's fought it and they ended up settling out of court for an undisclosed amount which I'm sure was much less then the original judgement.

Moral of the story, she won the case NOT because she asked for a large settlement but because a judge and jury found McDonalds to be truly negligent. Now some may disagree with that judgement but it wasn't the plaintiff's action nor request that produced the result.

The Actual Facts about the Mcdonalds' Coffee Case







gewaltiger Sturm said:


> Yes, anyone can sue anyone for anything. Take the lady who sued McDonalds because she spilled hot coffee in her own lap and WON!! Its a lawer/judge thing! However, to the post I quoted below. One way around the "warning" is instead of a sign like a lot of people use that says "Gaurd dog" or "Property protected by" I prefer to use a sign that simply states (In my case) "German Shepherd on Premises". Its is just telling you that he is here. Nothing more! You could even go as far as using a sign that just said "I love my German Shepherd" If someone wants to take that chance let em. They will have a hard time beating me in court. I love the state of NC. We just passed a law that allows a civilian to shoot you just for trying to enter our home. So its either the dog or my service weapon you will have to deal with. Take your pick!


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## KentuckyGSDLover (Nov 17, 2011)

jetscarbie said:


> We still reinforced our mailbox with steel. Those dang mailboxes and poles are expensive to keep replacing.


Yeah, I've had the same problem at times, it seems to go in waves of teenagers joyriding and whacking mailboxes with a bat or rock or something. 

Unlike where you live, the cops here will tell you have the *absolute right* to defend yourself. I had someone on my porch once at 2 a.m. that would not go away (turns out he was drunk and wandered down my 8/10 mile driveway after burying his truck to the axles in mud in the field). After talking to the guy through the door several times, offering to make calls for him, he still wasn't making any sense and wouldn't leave when asked him to. I called the state police and told them I was lugging around a .270 rifile, which scared him off the porch but I didn't know if he was still lurking about. The dispatcher stayed on the phone with me and told me NOT to let go of that rifle, place myself in an area where I could see from all sides (I chose a corner in the living room) until I saw the trooper's floodlight coming down my drive, then to put it up in the gun cabinet. God bless 'em! I love Kentucky's state troopers.


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## selzer (May 7, 2005)

I like the one where the dude broke into the house that was under construction to steal tools. There was no rail around the basement steps and he fell through in the dark and busted his leg, was caught and went to prison for breaking and entering, burglery and the works.

From prison he sued the home owner, for his broken leg and won. 

How? That is insane. I mean, if you set up a booby trap where a shotgun blows off the head of someone going through the window, or something slices a leg off, specifically to seriously injure or kill intruders, you should be held criminally negligent. 

As for dogs, well I really don't care. I mean, I am not training my dogs to chew on someone's arm or leg until I give the command to stop, nor to bite anyone at all, but if my dogs bite an intruder, oh well. 

I guess, since anyone can sue for anything, the yayhoo will need to get a lawyer, and pay the lawyer. The judge can still throw the case out. And if he does not, I will try for a jury trial. I should be tried by a jury of my peers, not a jury of the criminal bums peers. Ordinary citizens who may own a dog, who may have a dog because it is a deterrent for crime, at the least most of them will know someone who does have such a dog. They can sue, but that does not mean they will win. I might be out the cost of an attorney, but without the dog taking a chunk out of crime, maybe I am not there to incur the attorney fee, maybe the man is gone with my stuff, maybe I am injured or worse, and the creep is never caught. 

In the whole scheme of things, I would rather my dog bite the intruder and get sued by him. Chances are any attorney who is not a sorry sack, is going to explain to their client that they should not persue this, and reject the case if they try to.


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## Warrior09 (May 8, 2011)

I have a fenced in yard NOW LOL took a while but i got it done. Hmmm I posted beware of dog on every gate we had which is 3. I don't know much about kentuckys law about dog bites against an intruder, I have an uncle who is County attorney but he has never seen or been around me since birth, (long story). 
I was in English 102 last week and my instructor is single never been married no kids and he was telling us when he lived in California, An intruder was trying to break into his house and he grabbed the guy and held him until the cops got there. They let the intruder go bc my instructor restrained him from his free will...... He got jail time and the intruder was free. WOW
How does this seem fair to us VICTIMS?!?!?! where is the justice that we need and our protection?!?!?
I personally dont think We SHOULDNT be liable if our pets who are by the way protecting us from danger. We are the victims in that situation not the intruder. 

Anyways..... Where can i find on the internet kentucky laws?

and another question too.....

Does the vets call if the pets are due for their rabie shots??!?!? and how does that really work; Like a shot once a year?!?!?! 

Bella got hers at a year old and its been 2 years
Hachi got his 3 months ago


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## Warrior09 (May 8, 2011)

KentuckyGSDLover said:


> I live in a "castle doctrine" state so if my dog defends me, there is a low probability that a criminal is treated like anything but a criminal and likely a case against me would be thrown out. This thread made me curious and got me looking things up, and in *Kentucky a trespasser isn't exempt from a dog defending its home, either*. Out in public is a completely different story, but that's as it should be.


 
So Im from kentucky too, and what you are saying is that an trespasser is actually the ciminal and not treated like the victim if my 2 dogs are protecting me and my home?!?!? 

Not be sarcastic to you lol just surprised that the law is actually on our side as far as that. 

Instead of being taught english 102 this semester my whole class talks about law, news and personal experiences with everything LOL actually a great class not boring.


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## Liesje (Mar 4, 2007)

There are still too many anecdotes being brought up that don't compare. There are specific penal codes that address crimes depending on locale/jurisdiction, but owning a dog, even one that might bite, is usually not a crime. A dog biting someone in your home deals with tort law. Tort law is different than criminal law, you're dealing with civil cases where someone is usually suing for money/compensation (or maybe punitive damages). I would never expect a cop to be well versed in tort law nor would I take one's word for it. Marshies is correct, more often than not the home owner owes a duty of care. There are no written laws on who is liable when. In the USA we use common law, which means it's up to judges' decisions in court, not just statutes. I studied tort law and contract law for one semester and it was crazy the types of things people brought to court. Our professor (a practicing attorney) always said the answer is "it depends".


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## Dainerra (Nov 14, 2003)

Gwenhwyfair said:


> Oh my gosh...that's partially an urban legend.
> 
> She was not driving. The coffee was hot enough to cause 2nd and 3rd degree burns. She had to undergo skin grafting due to the severity of the burns. She only asked for help with medical bills prior to going to court. McDonald's said no.
> 
> ...


yes, what she said. The reason that she won is that, by McDonald's own admission, it would be physically impossible to drink the coffee at the temperatures it was being served at. I worked at McD's at the time - the coffee was super-heated so that people would still have hot coffee by the time they got to their office after a 20+ minute drive.
The ruling was based on the fact that, no matter how the spill happened, there is no way that serious injury would not have occurred.


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## Dainerra (Nov 14, 2003)

I'll say again, and any lawyer will tell you the same, cops are NOT criminal experts. Yes, there are going to be some that know more than others and all of them (hopefully) have a good grasp of the codes that they enforce. But, cops don't decide who or what goes to trial or even who gets arrested. 
Consult your local district attorney or prosecutor's office to find out what the actual precedent in your area is. That will give you some reassurance on the CRIMINAL side of things.

What is legal, however, has ZERO influence on what you might be found liable for in civil court. It's a whole other set of rules and laws. If you are concerned, it would be well worth the small fee to consult with a civil attorney in your area who can advise you on what the case law is. Again, it can vary widely from place to place.

Also, even if case law is on your side and there is no chance that you would lose, that doesn't mean that you can't be sued. Someone can sue you for anything at any time. If the "victim" can't find a lawyer to take his case, he can still file all of the paperwork himself.


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## selzer (May 7, 2005)

Once upon a time, when my old Grandmother was still alive. She lived in Cleveland, and someone was breaking into her home. She had a ball bat and was on the phone with the police. Asking them if she was allowed to hit the man with the ball bat as he climbed into her window.

Another time, someone was breaking into her neighbor's home. It was the middle of the night and she called the police. A few days later they wanted her to come down town Cleveland to file a report. Only she had to do it in the middle of the night because that is when the officers were on duty. What senior citizen wants to go to down town Cleveland in the middle of the night? And they wonder why people do not want to be involved. 

They injured my brother's dog when they robbed his house. He has a little dachsund beagle mix. The criminals are not afraid of kicking your dog. So I do not know why homeowners should be afraid of biting or having their dogs bite the criminals.


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## selzer (May 7, 2005)

In Ohio, you can be criminally charged if your dog bites someone. But I think it is criminal negligence. Like if you let your dog run loose, and the dog attacks someone and the person dies of their injuries, you can go to jail. But you can prove that the dog was under reasonable restraint, than you cannot be charged criminally. Like if your neighbor's 12 year olds, climbed your fence, opened your kennel and got bit because of it, you would not be charged for criminal negligence. But you can still be sued. 

Also if the dog bites someone while they are on your property AND committing some type of crime (ie. trespassing, assault, burglary), then the dog cannot be deemed a dangerous dog. Dangerous dog laws in Ohio are pretty scary, and you cannot be charged criminally. But you can be sued. That would not be affected by the police though as it is a civil matter. 

At least my last read through the code gave me those impressions. I am not a master of law though. I try to keep my dogs out of harms way as much as possible. And if someone else's dog tries to chew on me or my dog, I do not want my dog to engage, in fact I would rather take the bite than my dog take the bite, because they will treat me, and the other people will be charged, will pay for it, where it will be a nasty mess if the dog bites my dog, getting them to cover the expenses.


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## marshies (May 18, 2011)

It's not CRIMINAL to have your dog bite a trespasser. It's TORT law, like a couple of people have already mentioned. They are suing you for damages, which are ARE still liable of.

I'm almost MORE afraid of tort law consequences. Criminal is just time...tort law can cost me a house, a limb, or any other obscene amount.


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## CMeredith (Jan 28, 2012)

When it comes to criminal and civil liability, it seems like there's always a lot of urban legend and second hand examples thrown around. Whenever you hear something that sounds totally outrageous and unfair, invariably it turns out to be false or you've only heard part of the story. I don't think I've ever seen or heard of any first hand stories in which a person exercising reasonable judgement has been punished by the system. I'm sure it happens occasionally but so does getting struck by lightening. Just because there was ONE crazy verdict (that probably got overturned on appeal) shouldn't be a cause for concern. We have a common law system in this country so that judges can use a "reasonable man" thats as fair as possible as opposed to being forced into a "one size fits all" approach to the law. Of course "fair" is pretty subjective and where you stand is based on where you sit. 

All of that is to say that I can't imagine that I would face any criminal or civil penalties if my dog bit someone who broke into my house - regardless of where I lived. Now if a kid jumps my fence to retrieve a ball and is mauled to death then I may be liable if I knew the dog was dangerous. It depends on the totality of the circumstances and whether my actions were reasonable.

Obviously anybody can sue - but that's why I have homeowner's insurance. My insurance company covers me while he's going to have to pay out of his pocket for a lawyer (or find one to take the case on commission). If he doesn't have a strong case, he probably won't bother. 

The system may not be perfect (and never will be) but I think it generally works. Reasonable care and responsibility usually keeps you out of trouble even if you don't know all of the specific ins and outs of the law. Or maybe I'm living in a utopian fantasy land  But it's always worked for me.


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## Liesje (Mar 4, 2007)

^^ Exactly. This comes up every time someone mentions a "beware of dog" sign and I've yet to year of ANYONE being held liable *because* they had such a sign on their property.


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## jetscarbie (Feb 29, 2008)

I've been thinking about this subject all day. I've decided that I am not going to worry about it anymore. What will happen, will happen. Dogs are dogs, so there is no possible way you can predict what they would do during a home robbery or other similar subject. 

Personally, i would do whatever I have to do to protect my kids. If my dogs decide to jump in....tough luck. You/the crook deserves whatever you get. Let the cards fall where they will afterwards. Sue me. If the crook can get an attorney to sue me....I can also get an attorney. And oh yes, I would fight it the whole way. I'm probably evil enough that if the crook won..... I would file bankruptcy if I could.


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## GSD2 (Jan 27, 2012)

I just came across this article on facebook. It appears to have happened in WA. While the homeowner was out a friend entered her house uninvited, the dogs bit her and are now awaiting the decision, they may be euthinized. Two German shepherds await fate after biting intruder - National German Shepherd | Examiner.com


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## TheActuary (Dec 17, 2011)

Gwenhwyfair said:


> Oh my gosh...that's partially an urban legend.
> 
> She was not driving. The coffee was hot enough to cause 2nd and 3rd degree burns. She had to undergo skin grafting due to the severity of the burns. She only asked for help with medical bills prior to going to court. McDonald's said no.
> 
> ...


Yes the case was totally legitimate. I hate when people mindlessly spout off about things about which they know very little just because they've heard it from someone who heard it from someone who heard it.... you get the picture.


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## AmberGS1Exit (Jan 29, 2012)

Make it known and live your life. There shouldn't be anyone trying to steal anyhting out of your house. Fight it to the core esp. if you know some stranger is trying to sue you over his failed attempt.


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## GSD84 (Apr 27, 2011)

Wild Wolf said:


> Hello everyone,
> 
> I have had a lingering question for months now in regards to laws in my area concerning dogs and property. I have heard that a dog biting someone who has invaded your home makes YOU liable, and you can be sued or your dog can be seized for biting/defending your home. I thought this was ludicrous, so I decided to ask those who know best!
> 
> ...


Yup that is exactly how is works in Canada...specifically Ontario...where abouts are you? As for the states they have a completely different law in regards to this....hopefully one of our american counterparts can chime in


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## GSD84 (Apr 27, 2011)

Dainerra said:


> Also, don't take the word of the K9 unit as gospel. *Cops aren't lawyers*. They are not the ones who make the decisions on whether or not a case will go to trial (if it's criminal). Not to mention, a lawsuit would be civil, which is an entirely different segment of the legal code. If you want a legal opinion on "could I be charged criminally", contact you local District Attorney's office. If you want an opinion for "is there cause for a civil case" chat with an attorney who handles this kind of case. They will know if there is precedent in your area for this type of situation.
> 
> A good rule of thumb is "anyone can sue for anything" There is a guy in prison for vehicular manslaughter after pleading guilty. He is now suing the estate of one of the victims, saying that the VICTIM is actually the one who caused the action. He is seeking pain and suffering as compensation for his time in jail, among other damages.


cops in ontario study the law quite frequently. what the canine unit said to her is exactly correct....the laws in canada are a lot more lenient then in the states (can be a pro and con), but as long as you can prove in the court of law that the dog was protecting you and your property, the case will be tossed....hubby is a cop in the big city...had a few cases like this...


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## CMeredith (Jan 28, 2012)

The story about the 2 dogs in Washington state is a perfect example of there always being another side to the story. It turns out the woman has a history of letting her 7 GSDs run free and has been cited several times in the last few months for it. There have also been multiple incidents involving aggression. 

Furthermore, it turns out she and the woman who was bitten regularly had coffee together together each morning. She wasn't an "intruder" - she was a friend whom the dogs knew well. And she didn't break in. She did what she always did - she came over with 2 cups of coffee. Only this time, the owner wasn't home (but the door was unlocked). The woman didn't realize her friend wasn't home until after the dogs attacked her. 

Now, do I think the dogs should be put down? Not really. But the woman should be put on notice that ANY further acts of aggression when her dogs are running loose will not be tolerated. Do I think the woman is at serious risk in a civil suit? Absolutely. When your friend comes over every day with coffee and you allow her to do that and don't lock the door when you're not home - starts to sound questionable to me. But once again - totality of circumstances. I'd need to know all the facts. And she's already demonstrated herself as an irresponsible dog owner.


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## KentuckyGSDLover (Nov 17, 2011)

Warrior09 said:


> So Im from kentucky too, and what you are saying is that an trespasser is actually the ciminal and not treated like the victim if my 2 dogs are protecting me and my home?!?!?
> 
> Not be sarcastic to you lol just surprised that the law is actually on our side as far as that.
> 
> Instead of being taught english 102 this semester my whole class talks about law, news and personal experiences with everything LOL actually a great class not boring.


From everything I've seen on previous court cases and law sites, yes, Kentucky rules in favor of the right to one's property and person from trespassers. In other words, we're allowed to have our dogs on our own land without getting sued because someone decided to encroach upon it. Wise to post your land, though. I had a horrible problem with people on 4-wheelers trespassing on mine a couple of years ago. Geeze, I think some people believe any place they want to play is like some kind of national park.


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## Gwenhwyfair (Jul 27, 2010)

Agreed. 

I thought about becoming a lawyer and took some business law and contract law classes as well. Though I did not follow through on that path those classes have served me well (more so than abstract accounting LOL! ) in my day to day life since college.

I also think the urban legend phenomena, like the McDonald's hot coffee case, distort reality.

We had a case locally where a property protection dog professionally trained by my trainer did what it was supposed to do, stop a theif.

A local business was plauged by thefts of small equipment. After trying alarms, fences and bars to no avail he goes to my trainer and buys a very well trained dog...

Enter bad guy, who climbs over the very tall chain link fence surrounding the business to drop into the back storage area where he was 'greeted' by the dog. The alarm went off and the dog did it's job by biting and holding the burgular until the police arrived in response to the alarm.

The burgular later sued the business owner and LOST. 

These cases happen too, but don't seem to get the same play time on blogs and forums.



Liesje said:


> There are still too many anecdotes being brought up that don't compare. There are specific penal codes that address crimes depending on locale/jurisdiction, but owning a dog, even one that might bite, is usually not a crime. A dog biting someone in your home deals with tort law. Tort law is different than criminal law, you're dealing with civil cases where someone is usually suing for money/compensation (or maybe punitive damages). I would never expect a cop to be well versed in tort law nor would I take one's word for it. Marshies is correct, more often than not the home owner owes a duty of care. There are no written laws on who is liable when. In the USA we use common law, which means it's up to judges' decisions in court, not just statutes. I studied tort law and contract law for one semester and it was crazy the types of things people brought to court. Our professor (a practicing attorney) always said the answer is "it depends".


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## asja (Mar 22, 2011)

Everyone should look up the dangerous dog laws in their state or province for clarification. 

Here is the law in Virginia:
LIS > Code of Virginia > 3.2-6540



> C. No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed, nor is the ownership of a particular breed of canine or canine crossbreed prohibited. No animal shall be found to be a dangerous dog or vicious dog if the threat, injury or damage was sustained by a person who was: (i) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian; (ii) committing, at the time, a willful trespass upon the premises occupied by the animal's owner or custodian; or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police dog that was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a dangerous dog or a vicious dog. No animal that, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its owner's or custodian's property, shall be found to be a dangerous dog or a vicious dog.


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## BlackJack (Jun 23, 2011)

Semi related at the the topic at hand.

Pitbull that defended his guardian from ex-husband's assault put to death DogHeirs | Where Dogs Are Family Keywords: Pitbull, domestic violence


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## asja (Mar 22, 2011)

BlackJack said:


> Semi related at the the topic at hand.
> 
> Pitbull that defended his guardian from ex-husband's assault put to death DogHeirs | Where Dogs Are Family Keywords: Pitbull, domestic violence


How sad and tragic.


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