Page 2 of 3 FirstFirst 123 LastLast
Results 11 to 20 of 24

Thread: Maybe a Staffy?

  1. #11
    Join Date
    Aug 2009
    Location
    Adelaide
    Posts
    12,602

    Default

    I thought most dog and cat management laws exclude the dog being PTS or declared dangerous if it attacks a tresspasser on its own property.

    Does anyone have any links or facts to back up saying anything different?

    eg
    NSW companion animal act 1998 Section 16 part 2
    16 Offences where dog attacks person or animal
    COMPANION ANIMALS ACT 1998 - SECT 16 Offences where dog attacks person or animal
    It is not an offence under this section if the incident occurred:
    (a) as a result of the dog being teased, mistreated, attacked or otherwise provoked, or
    (b) as a result of the person or animal trespassing on the property on which the dog was being kept, or
    (c) as a result of the dog acting in reasonable defence of a person or property, or
    (d) in the course of lawful hunting, or
    (e) in the course of the working of stock by the dog or the training of the dog in the working of stock.
    From the SA dog and cat law
    http://www.dogsncats.asn.au/webdata/...gement_Act.pdf
    dog attack - page 24
    44—Dogs not to be allowed to attack etc
    4) It is a defence to a charge of an offence against this section if it is proved that the
    dog was at the time of the offence being genuinely used in the reasonable
    defence of a person or property, or for droving or removing an animal found
    trespassing.
    So again Asharri - can you back up what you say about a dog biting a trespasser being put to sleep? Or the owner being sued, Faroogoo? I can imagine all bets are off if it bites the child of a visitor - but again - the dog may not necessarily be put to sleep or guilty of an offence.

    And I think they recently changed the law in SA about shooting intruders, after they had several failed attempts to convict pensioners who after being repeatedly burgled, shot the next lot of burglars.

  2. #12

    Default

    Quote Originally Posted by Bohemiannic View Post
    Our Ralph (SBT), will bark, but will lick anyone to death, but most people unless they know him, will not come near him. They are a heavy weight small dog, so you have to sometimes watch that they don't headbut your legs! I does hurt. If you want a best friend, a loving companion, the staffy is for you!
    Well said BOH....

    Same with Floyd too, he would rather lick someone to death than attack them.

    Demolition balls is what they are too.... SBT's sure dont feel much pain, stubborn head strong breed

  3. #13
    Join Date
    Feb 2010
    Location
    Lala Land!!!
    Posts
    1,226

    Default

    Quote Originally Posted by Hyacinth View Post
    So again Asharri - can you back up what you say about a dog biting a trespasser being put to sleep? Or the owner being sued, Faroogoo? I can imagine all bets are off if it bites the child of a visitor - but again - the dog may not necessarily be put to sleep or guilty of an offence.
    Hya, I do not know if I can back it up, no. I am only saying what I have seen happen. There have been cases where a person has broken into a property and sued the owner because they got bitten by the dog, you can even be sued for more if you have a "Dangerous dog" sign up because app. you know your dog is dangerious and still have it where someone can get hurt, even if they shouldnt have been where the dog is. Hell there was a guy that broke into a property and got kicked by a horse and he sued!
    I am not saying this to cause hassles and Im not say it is right that it happens but I think it should be something to keep in mind for EVERYONE esp someone looking for a dog to protect, because it COULD happen not because it WOULD.

    Breeding, Showing, Training and general crazy making!!!
    If you seek understanding listen to the music, not the song.

  4. #14
    Join Date
    Aug 2009
    Location
    Adelaide
    Posts
    12,602

    Default

    Ashaari

    I think that might be in the USA, not here. But I couldn't back that up either. People can sue over anything - doesn't mean they will win. And in this case - very very unlikely.

    I'm not sure that anything you have said in that post is true.

  5. #15
    Join Date
    Feb 2010
    Location
    Lala Land!!!
    Posts
    1,226

    Default

    Quote Originally Posted by Hyacinth View Post
    Ashaari

    I think that might be in the USA, not here. But I couldn't back that up either. People can sue over anything - doesn't mean they will win. And in this case - very very unlikely.

    I'm not sure that anything you have said in that post is true.
    Ok, if that is your oppinion that is fine. I know there are equilly, if not more, obserd cases in America but I also know that what I am reffering to happened in Australia. Like I said before I am only here to let people know what I know not to argue. If I was in their possition I would want to know not matter how stupid it seems.

    Breeding, Showing, Training and general crazy making!!!
    If you seek understanding listen to the music, not the song.

  6. #16
    Join Date
    Jan 2010
    Location
    Queensland
    Posts
    1,822

    Default

    The only time it is suitable to have Warning, Beware, Dangerous Dog, Dog will Bite etc on a sign on your fence is when it is a council registered and suitably restricted dangerous dog.

    If you have one of these signs then you ARE liable for civil action IF your dog bites an intruder because you have ADMITTED your dog is a danger to others. It doesn't matter which country you are from, it can happen anywhere - all someone needs is a photograph of your house showing the sign and you are stuffed. There are people purposely targeting homes that have the beware signs because they know they can get a few quick dollars out of them.

    You admit liability you can be sued. If you have Dog On Premises, Dog Loose or Dog Loose on Premises etc you are fine as you are not saying your dog is dangerous or that anyone needs to beware.

    I urge anyone who has a dog that is not registered as dangerous to get rid of the signs from your fences and replace them with the proper wording as you are liable if your dog bites, worrys or bails up ANYONE entering your property.

    Hy, in this case Ashaari is correct and if you have those signs up it invalidates the clauses that you have shown as you have a dangerous dog that is not registered as such with your council by your own admission. Simply by having Beware, Caution, Dangerous, Dog Will Bite etc on your fence you are in essence potentially screwing yourself over. Please excuse the crudity.

  7. #17
    Join Date
    Aug 2009
    Location
    Adelaide
    Posts
    12,602

    Default

    http://www.lawlink.nsw.gov.au/lawlink/corporate/ll_corporate.nsf/vwFiles/OPAL_Chp11.pdf/$file/OPAL_Chp11.pdf

    page 2
    11.6 The Companion Animals Act
    All dogs and cats are treated as companion animals under the Companion Animals Act 1998. A person
    who owns a dog or cat may be liable for injury caused by their cat or dog, even where there is no negligence. A person who suffers injury or loss from a dog attack may sue the owner or person in control of a dog for compensation.
    For example, the owner or any person in control of a dog can be prosecuted if the dog rushes at, attacks, bites, harasses or chases any person or animal, whether or not it causes any injury.
    There are exceptions, if the injury occurred because:
    (a) the dog was provoked (teased, mistreated, attacked);
    (b) the person or animal was trespassing on the property where the dog was kept;
    (c) the dog was acting in reasonable defence of a person or property;
    (d) the dog was being used in lawful hunting;
    (e) the dog was working stock or training to work stock;
    (f) it was a police dog.
    There might be an exception if the dog has been declared dangerous previously by council and is not kept under the special conditions specified by council ie a secure cage on the property. But if the burglar broke into that secure cage and got bitten - I doubt the burglar could sue for anything.

    The only problem I can find about a sign is that it may (or may not) be used as evidence to say that you know your dog is dangerous. But there is also stuff in the civil case stuff that excludes damages from something that should be obvious ie if a lake is clearly visible but someone chooses not to walk around it and gets hurt. You can't sue the owner of the lake. I would imagine if the dog sign is up and obvious - the burglar could not sue if they ignored the sign. However - if the dog was allowed to attack on public property (Eg the road or footpath), the sign might be used to indicate you knew your dog was dangerous.

    I would argue that the "beaware dog" sign is up to let people know they need to shut the gate. And the gas meter man uses it to mean that he must knock on my door and check that the dog is secure before he checks the meter. Given that Frosty barks a lot at him and he's clearly scared of her, that's a good idea. I doubt she'd actually bite him, because in similar circumstances where she's barked a lot at people and they've even run, she still hasn't bitten them. She just keeps barking from a safe distance.

    I cannot find anything so far that backs up the lawsuit for dog biting burglar. I've found quite a bit of stuff that counters it and says it is ok for a dog to bite an intruder on the dog's property. I think most burglars know this.

    If the sign said "dangerous dog" and I let my dog attack on public property - I think I could be sued for all I've got, because I'd be negligent, but that's not what we are talking about.

    If boxerini wants a dog that barks a lot and scares burlgars - she couldn't do better than one of the small terriers eg Aussie Terrier - because they bark and they bite (unless carefully trained not to), and everybody laughs at you when you tell them what bit you. Staffies - might bark a lot and then lick the burglar to death. But most burglars don't know this, what they do know is noisy dog brings owner with baseball bat.
    Last edited by Hyacinth; 03-13-2010 at 04:37 PM.

  8. #18
    Join Date
    Nov 2009
    Location
    Near Newcastle, NSW
    Posts
    4,215

    Default

    I have heard the bit too about NOT putting up a "dog on property will eat you if you enter" sign, because IF someone enters your property and they ARE bitten...you have advertised you had a "dangerous dog"...........

    HOWEVER...I can NOT argue the point with Hyacinth!!! The Animal Companion Act of NSW CLEARLY states:

    There are exceptions, if the injury occurred because:
    (a) the dog was provoked (teased, mistreated, attacked);
    (b) the person or animal was trespassing on the property where the dog was kept;
    (c) the dog was acting in reasonable defence of a person or property;
    (d) the dog was being used in lawful hunting;
    (e) the dog was working stock or training to work stock;
    (f) it was a police dog.

  9. #19
    Join Date
    Nov 2009
    Location
    Near Newcastle, NSW
    Posts
    4,215

    Default

    Sumo WILL bark at noises...people outside etc and his bark is quite deep and would definitely deter intruders...for sure

  10. #20
    Join Date
    Oct 2009
    Location
    Devonport, Tasmania
    Posts
    6,675

    Default

    In NZ my father's best working dog was PTS by order of the court because it attacked a smaller dog that was threatening me. Go figure.

    In Qld legal action was commenced against me because one of my dogs attacked a male who had entered my property with a gun intending to do harm. Case against me was dropped as this bloke ended up being jailed for various crimes.

    I have no idea about the laws pertaining to these things in Australia. I also point out that a lot of laws end up being a load of croc. I also believe it depends on who wants to sue you or make an issue out of things, and who doesn't.

    However, having spoken over the years to many police officers about this sort of thing, I have always received the same advice from them all - and that advice is not printable here.

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Tags for this Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •