Question about bites...

[Lauri & The Gang]

Personal Opinion:

D. A well bred, well socialized, well trained dog should only bite when necessary - either on command from it's owner or in defense of itself or it's people.

Legal Answer that keeps you from being sued:

A. A dog should NEVER bite.

[SchDDR]

While it will vary by jurisdiction, generally the dog will not be labeled aggressive if there is no prior history, for the circumstance you describe.

However, as absurd as it sounds, you could be held civilly liable.

[KZoppa]

i go with option C. People tell rules for their dogs to others for a reason. They arent smart enough to follow the rules.... well thats on you.

[Minnieski]

I once read on a breeder's website (I don't remember who now, it's been a while) that people in other parts of the world think that we're ridiculous for allowing people to sue over stuff like this. Basically like KZoppa said, if you approach a barking dog you show a lack of common sense.

[rvadog]

Originally Posted by Zisso

The cops here have told me that if someone trespasses onto my property, even though I am renting, and my dogs go out(as they usually do go out ahead of me) and they bite that trespasser, it is on the trespasser for being in the wrong place at the wrong time. They CAN take me to court, but odds are they would lose.

First of all what the heck do the cops know about civil law? They are lawyer cops? You honestly trust the judgment of someone who MAY have a bachelor's in Criminal Justice to give you rock solid legal advice?

Second what do you consider a trespasser? It's not a trespasser unless they've been warned. What about the guy who walks up to your house by mistake? He deserves to get bit and won't be able to sue? Or the guy selling stuff with his son for the PTA?

What you said was unbelievably stupid. You will end up on the news, they will seize and destroy your dogs. You will be sued for everything you own and the local township will ban GSD's as a "dangerous breed'. Thanks for being a responsible owner!

You have aggressive dogs? Fine. Muzzle them when you go outside. Put them on a leash and walk them directly to the car.

[arycrest]

I guess it would depend on the state and local laws. Here in FL I have the proper BAD DOG signs displayed so from my understanding I couldn't be held liable in the circumstances described. My vote goes for C.

[Jax's Mom]

Depends where you are.

In Canada all provinces (except Quebec which is Civil Law) are under the Common Law system. We own dogs pursuant to the Dog Owners' Liability Act, R.S.O. 1990, c. D.16.

Simply put,

Liability of owner
2. (1) The owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal. R.S.O. 1990, c. D.16, s. 2 (1).
(3) The liability of the owner does not depend upon knowledge of the propensity of the dog or fault or negligence on the part of the owner, but the court shall reduce the damages awarded in proportion to the degree, if any, to which the fault or negligence of the plaintiff caused or contributed to the damages. R.S.O. 1990, c. D.16, s. 2 (3).
Contribution by person at fault
(4) An owner who is liable to pay damages under this section is entitled to recover contribution and indemnity from any other person in proportion to the degree to which the other person’s fault or negligence caused or contributed to the damages. R.S.O. 1990, c. D.16, s. 2 (4).

[Wolfiesmom]

I vote for C. This happened with Chief many years ago. A friend of ours walked in the house in the middle of the night after he and hubby got off of work. Chief was in a gated off room sleeping. Hubby told our friend not to bother the dog, he's sound asleep and may bite if a non family member wakes him. Our friend says that Chief knows him. So he goes over, sticks his face over the gate, says Hi Chief and got rewarded with a bite to the face that broke skin.