IF dog bit trespasser???

Bannasidhe

Story is our neighbour is, frankly, a douche and his kids are constantly kicking balls into our garden - over the years we have lost hundred of euros of plants and about 4 years ago my then 9 month old Grandson was brained by one of their balls - when we told neighbour all we got was verbal abuse.
Now we have four jacks - two of whom love playing footie and yip with happiness while doing it. Last Summer, dogs were in the garden playing footie when suddenly they went ballistic so I went out to see what the problem was to discover neighbour leaning into the garden recording the noise of the dogs - noise he was causing by leaning right over the 6 foot dividing wall. In an effort at being neighbourly the dogs do not play footie out there any more (unless they get hold of a ball kicked over by his kids.)

So tonight dogs are outside having just finished their dinner and they go ape - my OH was in the kitchen so immediately went to see what the fuss was about and caught neighbours son in the process of climbing into our garden to retrieve his ball. She got the dogs inside and gave the ball back but warned neighbour to tell his kids not to climb into our - very secure (the lowest part of the adjoining wall is 6ft)- garden and if they do and get bitten it is not our responsibility.

My worry is that due to some by-law or other (County Cork) that we would be held responsible even though they know we have dogs, the garden is 100% secure and anyone who climbs over the wall would be trespassing...:eek:

Am I right to worry or fretting unnecessarily??

dharma200

personally I would get cctv....

Bannasidhe

dharma200 wrote: »

personally I would get cctv....

Seriously considering it but still worried that now with the Summer approaching I will have to keep my dogs inside the house when I am home because next door's kids have all the footballs skills of a heron :mad:

aonb

Jeepers! Having to keep your 4 dogs indoors because your not-nice-neighbours will climb a 6ft wall to trespass into your secure garden is a bit much!! Can you phone the gardai and ask them what the position is, if they do get bitten by your dogs if they come over your wall and trespass into your garden?!
Is the wall yours? Maybe you could put something on top to raise the height of it so that these people cant come over it?

DBB

21.—(1) The owner of a dog shall be liable in damages for damage caused in an attack on any person by the dog and for injury done by it to any livestock; and it shall not be necessary for the person seeking such damages to show a previous mischievous propensity in the dog, or the owner's knowledge of such previous propensity, or to show that such injury or damage was attributable to neglect on the part of the owner.

(2) Where livestock are injured by a dog on land on to which they had strayed, and either the dog belonged to the occupier of the land or its presence on the land was authorised by the occupier, a person shall not be liable under this section in respect of injury done to the livestock, unless the person caused the dog to attack the livestock.

(3) A person is liable in damages for any damage caused by a dog kept on any premises or structure to a person trespassing thereon only in accordance with the rules of law relating to liability for negligence.

(4) (a) Any damage or injury for which a person is made liable under this section shall be deemed to be attributable to a wrong within the meaning of the Civil Liability Act, 1961 , and the provisions of that Act shall apply accordingly.

(b) Sections 11 (2) (a) and 11 (2) (b) of the Statute of Limitations, 1957 , shall apply to such damage.

Hi Bannasidhe,
Above is Section 21 of the Control of Dogs Act 1986, the bolded bit is the part you need to concern yourself with.
Whilst I've dealt professionally with many aspects of the Control of Dogs Act, this specific bit of it is not one I'm experienced with, so I'm afraid I can't expand on what exactly is meant by the "rules of law relating to liability for negligence", nor am I particularly clued up on the Civil Liability Act. But my guess is that it'd apply if, for example, your boundary to your garden was easy to cross for a child who may not understand the concept of trespass, but I think you should perhaps seek advice on this in the Legal Discussion forum? I'd be interested to find out too!

Bannasidhe

DBB wrote: »

Hi Bannasidhe,
Above is Section 21 of the Control of Dogs Act 1986, the bolded bit is the part you need to concern yourself with.
Whilst I've dealt professionally with many aspects of the Control of Dogs Act, this specific bit of it is not one I'm experienced with, so I'm afraid I can't expand on what exactly is meant by the "rules of law relating to liability for negligence", nor am I particularly clued up on the Civil Liability Act. But my guess is that it'd apply if, for example, your boundary to your garden was easy to cross for a child who may not understand the concept of trespass, but I think you should perhaps seek advice on this in the Legal Discussion forum? I'd be interested to find out too!

Thanks DBB. Have opened thread in Legal Discussion asking for opinions on how negligence is defined in this instance.

Millem

Bannasidhe wrote: »

Thanks DBB. Have opened thread in Legal Discussion asking for opinions on how negligence is defined in this instance.

We had an attempted break in a few years ago basically robbers didn't realise we had dogs, the managed to get window open but Garda reckon they fled when they saw our 3 monsters! Anyway I said to garda what would happen if dog bit robber could they sue us? He advised us to get 2 beware of the dogs stickers (one for front door and one for back door). He said that they wouldn't have a leg to stand on if we put them up. Now I don't know how true this is they were community garda if that makes any difference.

Bannasidhe

Millem wrote: »

We had an attempted break in a few years ago basically robbers didn't realise we had dogs, the managed to get window open but Garda reckon they fled when they saw our 3 monsters! Anyway I said to garda what would happen if dog bit robber could they sue us? He advised us to get 2 beware of the dogs stickers (one for front door and one for back door). He said that they wouldn't have a leg to stand on if we put them up. Now I don't know how true this is they were community garda if that makes any difference.

It's all very confusing. I read in a very old thread that beware of dog signs are more likely to get you into trouble as it could be considered one is admitting to having dogs one should be wary of and therefore partially liable for having such 'dangerous' dogs.

Also where my neighbour is concerned I could plaster my front door and side gate in 'Beware' signs and they would be feck all use as it's my back wall they come over.

Annnd...don't want to advertise I have dogs as too many are being stolen at the moment. OH was talking to a woman today whose dog was taken last week by someone who just opened her front door - one of those uPVC door with the handle that you have to physically lock.

Hopefully the legal eagles will have a definition of 'negligence'.

Millem

Bannasidhe wrote: »

It's all very confusing. I read in a very old thread that beware of dog signs are more likely to get you into trouble as it could be considered one is admitting to having dogs one should be wary of and therefore partially liable for having such 'dangerous' dogs.

Also where my neighbour is concerned I could plaster my front door and side gate in 'Beware' signs and they would be feck all use as it's my back wall they come over.

Annnd...don't want to advertise I have dogs as too many are being stolen at the moment. OH was talking to a woman today whose dog was taken last week by someone who just opened her front door - one of those uPVC door with the handle that you have to physically lock.

Hopefully the legal eagles will have a definition of 'negligence'.

Your neighbours are unreal! Maybe the Garda didn't know what he was talking about but I got them anyway! My dogs would be more likely to lick them than bit them! They just make soooo much noise if anyone comes near the house so I presume that this deters the robbers!
It comes in so handy anytime there are elections as canvassers don't bother us nor to door to door sellers!

Bannasidhe

Millem wrote: »

Your neighbours are unreal! Maybe the Garda didn't know what he was talking about but I got them anyway! My dogs would be more likely to lick them than bit them! They just make soooo much noise if anyone comes near the house so I presume that this deters the robbers!
It comes in so handy anytime there are elections as canvassers don't bother us nor to door to door sellers!

Neighbour is, as I said, a douche.

You can imagine the noise 4 jacks make...

Millem

Bannasidhe wrote: »

Neighbour is, as I said, a douche.

You can imagine the noise 4 jacks make...

They are too funny. Big dog in a small dog's body! One of my neighbours have one (my three are scared of him). He spends his day perched on the top (headrests) of the sofa which is up against the window! He looks like he is asleep but goes ape if anyone dares to walk past on the path!!

Lmklad

Your best answer is to contact your local Dog Warden directly. It will be him after all that will take a prosecution under the Control of Dogs Act. Gardai don't use the Act often enough (in general) to be of much help.

greengold9999

I do not know if it would help but I put plastic anti climb spikes on the top of my side gate as it was very accessible. The idea is that it deters someone climbing but will not injure them if they do. I got one the same colour as my fence and they do not look too bad (although my brother calls it the Mountjoy Gate). Might at least deter them from coming in for the balls.

irish_goat

greengold9999 wrote: »

I do not know if it would help but I put plastic anti climb spikes on the top of my side gate as it was very accessible. The idea is that it deters someone climbing but will not injure them if they do. I got one the same colour as my fence and they do not look too bad (although my brother calls it the Mountjoy Gate). Might at least deter them from coming in for the balls.

You can get anti-climb paint as well.

DeedeeL

Check out your house insurance .... As far as I'm aware and someone get injured on your property .ie dog bite you are covered if they sue.

No harm in getting a cheap CCTV system lidl had one recently - you can link it to your computer and if they're trespassing you'll have proof if a problem arises