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Define" Trespassing".

  • 09-06-2012 10:30am
    #1
    ganger
    Registered Users Posts: 264 ✭✭


    Can a person walk onto someones property uninvited ?. ie open a gate ,on which there are signs stating beware of dog,then proceed to walk around house knocking on doors and windows.


Comments

  • #2
    BUBBLE WRAP
    Closed Accounts Posts: 4,186 ✭✭✭BUBBLE WRAP


    ganger wrote: »
    Can a person walk onto someones property uninvited ?. ie open a gate ,on which there are signs stating beware of dog,then proceed to walk around house knocking on doors and windows.

    Well yes and no. If that person came onto your property and looked around knocked on doors and window as you said. I dont tink that trespassing. But if you warn the to get off your property and they continue to stay on your property, that would be trespassing. Id say they were looking for directions, you or seeing if there was anybody home. If I were you id report it to the gards, just to be safe.


  • #3
    ganger
    Registered Users Posts: 264 ✭✭ganger


    Thanks for reply, but seeing a sign on a gate clearly stating private and that there are dogs and still entering ,is that in itself not enough to show that no uninvited callers are wanted


  • #4
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Many many threads on this and some very recent. They contain better answers than I can provide. There is also an excellent discussion on how a beware of the dog sign may open you up to liability if your dog injurs a tresspasser.


  • #5
    ganger
    Registered Users Posts: 264 ✭✭ganger


    Thanks for replying,regarding dog beware sign,how would it open me to liability if some-one was injured.Imean you are giving warning as to the presence of dogs ,so would it not be the peron is entering with the knowledge that dogs are present.what sign would be more suitable ?


  • #6
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    You need to do a good search and have a read of the threads here.

    In a nutshell - you owe a duty of care to tresspassers under the Occupiers Liability Act 1995. That duty is one not to act with reckless disregard. You can not contract out of this duty, by sign or other means, so all it does is inform the otherside you knew the dog was dangerous but still allowed to to injur someone. If its a child then its argued your duty of care will be higher still.

    There is a way to word the sign - it escapes me if it was definatively answered in the other thread.


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  • #7
    keithb93
    Registered Users Posts: 309 ✭✭keithb93


    GCDLawstudent wrote: »

    There is a way to word the sign - it escapes me if it was definatively answered in the other thread.

    I think its "Be aware of the dog" but im not sure


  • #8
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    keithb93 wrote: »
    I think its "Be aware of the dog" but im not sure

    LOL and people wonder why lawyers get a bad name :)


  • #9
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    ganger wrote: »
    Thanks for replying,regarding dog beware sign,how would it open me to liability if some-one was injured.Imean you are giving warning as to the presence of dogs ,so would it not be the peron is entering with the knowledge that dogs are present.what sign would be more suitable ?

    It indicates a pre-exisiting knowledge of the danger posed by your dog.


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