dog attacks and the law

Factual Questions
1

I’m having a somewhat difficult situation, and I need some answers. You can read about my problems in the IMHO thread “Somewhat God-Awful Neighbor Problem”, which, if I have done this correctly, you will be able to find here.

Here are my questions:

If my dogs attack someone who is trespassing on my property with intent to physically harm me, and this person is injured, can my dogs still be confiscated and destroyed?

Some background info, which could work either for or against my case in a court of law:

-I have two dogs, both neutered males, a 3-year-old Bloodhound, and a 4 & 1/2-year-old American Pit Bull Terrier.

-My dogs have never even growled at anyone before the incident I mention in the other thread. They both have their Canine Good Citizen certificates, and my pitbull is a certified Pet Therapy Dog through the Delta Organization.

-I have professinal dog-training experience. My dogs are not attack or personal defense trained; they are simply regular dogs who will defend their owner if they perceive a threat.

-My property is fenced all around with a four-foot stockade-type wooden fence. The dogs are never allowed into the yard without my supervision.

-I have filed a police report documenting harassment by the neighbor in question, and will do so every time there is another incident.

-My township’s dog laws, which I made sure to get a copy of when I moved in, and with which I have always been in compliance, are very few, in fact, only two laws, which in laymen’s terms are:

  1. All dog poop must be removed from public thoroughfares
  2. All dogs must be on-leash in public places.

Nonetheless, I read the newspaper and watch TV. Pitbulls are almost universally hated and feared, and if something happens, I’m pretty sure charges will be pressed and I will go to court to fight for my dogs’ lives. I will do everything in my power to prevent this, so can anyone give me any advice on just where I stand in this situation?

And from a purely legal standpoint, would I be better off defending myself with some non-lethal weapon such as pepper spray, and just make sure the dogs are never in a situation where they feel compelled to protect me? Thank you.

2

IANAL

From what you describe I’d say you are about as good a position as one could be to defend your dogs from being put down if someone is on your property and trying to cause you harm. Of course, the person had better already be causing harm to you before the dogs attack else a case could be made that the dogs are just vicious and attack anyone who happens to cross your property.

However, these days especially, dogs are pretty low on the totem pole compared to humans they have just mauled/killed. Pitbulls are especially canine non grata. I’m not really sure how easy it might be to defend your dogs in this situation.

You might consider posting “No Trespassing”, “Beware of Dog” and “Screw the Dog, Beware of the Owner” signs on your property as well. It’s not a blanket protection but it is at least one more hurdle someone trying to sue you would have to overcome.

As always with these sorts of threads consult with a licensed attorney in your area for the real lowdown on this.

3

What exactly did he do? If he ran into your yard with a baseball bat screaming profanity, it’s a lot different than if he just walked onto your property and was mauled. If he opened your gate and walked in without your permission, then it shouldn’t be too hard to defend. Your biggest problem is going to be proving he intended harm, and without a witness or a weapon it may not be easy.

4

I couldn’t get your link to work & I haven’t found your original story, so if I’m off base here, bear with me.

You might want to talk to your local chapter of the American Dog Breeders Association, the foremost APBT registry. There is a good chance that some of the people there will have experience with the laws in your area and contacts with attorneys experienced in dog cases or other resources.

I did a little googling & here are the first couple of links I found:

http://members.aol.com/bstofshw/

http://www.dogresources.com/apbtrregistries.html

I hope it doesn’t come to your dog(s) being impounded/destroyed. The fact that they both have earned their CGC, are up-to-date on their shots & confined will not harm your case.

I second the recommendation of posting signs on your fence. Upgrading to a 6-foot chain link fence, if feasable would not hurt. Many communities have ordinances about fencing, so you will want to research that. I was fortunate enough that the house I live in had a 6-foot chainlink fence entirely enclosing the back yard while the front yard is not fenced. That way my dogs are not exposed to harrassment by pedestrians on the sidewalk.

I wish you the best outcome in this. I’m tired of irresponsible assholes ruining the reputation of a wonderful dog breed & prejudicing people against us responsible APBT owners.

5

I read ratty’s other thread, and what the guy did was to grab her breast while she was walking the dogs, and since then the dogs have been somewhat hostile (is hostile too strong a word) towards the guy, who has been staring at her over the fence.

6

For once, I won’t go ballistic on a dog owner, especially one who owns an APBT. Instead of polling 22,000 strangers for opinions, I respectfully suggest you become intimately familiar with The Laws Of The Commonweath of Pennsylvania Regarding Dog Bites. These laws pertain to you , assuming that your member status as living in Pennsylvania is indeed true.

The Pennsylvania Dog Law is a PDF file that is 51 pages long, and can be downloaded at the link I’ve just provided.

The Pennsylvania Bureau of Dog Law Enforcement has a telephone number. It is (717) 787-3062.

The link you shared in your O.P. doesn’t seem to work for me either and so I can’t very well comment on what you mention in that thread, I’m sorry to say. If Kat has represented an incident correctly in her posting here, then I’d say, IMHO, that you don’t need a dog, you need a District Attorney. If a man grabbed your body ANYWHERE without your consent, then I hope you are able to prosecute fully.

Cartooniverse

7

IANAL either, but I’ve heard of lawsuits in which having ‘Beware of Dog’ signs has been bad for the owner, because it’s an admission that the dog is dangerous.

‘No Trespassing’ would be good though.

Ben

8

I have found a lawyer who specializes in dog law; I’ll be giving him a call tomorrow, just to see if he can answer a few questions. Sorry about the link above- I can’t seem to fix it, though. I apologize for my incompetence.

Wikkit, you’re right that a Beware of Dog sign can be considered an admission that you know the dog is dangerous. This is why I don’t have one. I do, however, have a No Trespassing sign on the (locked) side gate facing the neighbor’s house, plus a few Private Property: Trespassers Will Be Prosecuted signs back in the tree line.

Also, Cartooniverse, thank you for the link. I already have a copy of this in my possession, and have had since I’ve owned dogs in this state. Knowing what the law is and knowing how it can be interpreted in various legal situations are sometimes two different things, hence this thread. I am a bit confused at your statement about “not going ballistic on a dog owner, especially one who owns an APBT”. I’m not trying to be a smartass, I just don’t know what you mean and am concerned I may have somehow offended you.

9

Department and asking them. They’re the ones who oughtta know about these sorts of things. (It’ll help that you have a friend in the PD to talk to, as well… I’d talk to him first.)

10

curses the hamsters

I wouls suggest explaining your concerns to the Police Department and asking them. They’re the ones who oughtta know about these sorts of things. (It’ll help that you have a friend in the PD to talk to, as well… I’d talk to him first.)

11

Please accept my apologies, I never read a Member’s Post Count before writing. Within the last year or more, there have been a few very heated threads about APBT’s and attacks ( And, in those threads I’VE been heated !! ) , and that was what I referred to. I know you were showing genuine concern for the law as well as your pets, and I did not mean to disturb you.

As for the law links themselves, I’m delighted to find such a conscientious pet owner. I would bet that you are in the minority, if you already own a copy of those laws. ( Man, I hope you sent away for 'em, or have High Speed Internet. A 51 page download is no fun…).

Good luck, please revive this thread when you get answers from your attorney. I for one would like to know the interprepation, and see how you proceed.

Cartooniverse

12

The flip side to this is any dog not on a leash in public places is considered a stray regardless of tags or owner nearby (at least that’s how it is here.

YOu may not realise how much you dog disturbs the neighbors.

13

Not being familiar with Pennsylvania law, I’d ask your lawyer whether you are under a duty to warn trespassers of hazards on your property. This can be the law in some states. Then I’m not sure how it work as far as if your dogs need to be classified as dangerous or hazardous for you to be under the duty to warn…

sounds ridiculous, but…some laws are.

I guess you need to also ask yourself–could you be considered to be “on notice” that your dogs could be dangerous? From what you’ve written in this thread I’d say not.

BTW, I think that the idea of a pit bull as a therapy dog is awesome… “Hi, I’m here at the hospital to show these folks my pit bull” There’s great prejudice about those dogs. Also, can you refer to him an American Staffordshire (sp?) Terrier? Aren’t those the same things without the scary title?

BBJ

14

Here’s a link to ratty’s other thread in IMHO – it’s really essential to understanding the questions she raises here:

Title – somewhat god-awful neighbor problem (long)

http://boards.straightdope.com/sdmb/showthread.php?threadid=119752

15

I hate titles like “Pennsylvania Bureau of Dog Law Enforcement” because you can’t tell what the hell they mean. Is it the Bureau that enforces the dog laws? Or is the Bureau of law enforcement by or with dogs (i.e., K9 units)? Is it (Dog Law) Enforcement, or (Dog) Law Enforcement?

If it’s the Bureau that enforces the dog laws, I’d suggest calling the number and asking for guidance on the issue. Your legal duties to an adult trespasser on your property are very limited, but having a potentially dangerous dog back there may change things. (You are required to keep a dangerous dog confined so that he cannot hurt people, and if he does you are strictly liabile. That does not mean, however, that you’re liable if someone climbs into his pen.) I’d start by calling them (for free) to see if they can shed some light on the situation. Then, if you still have questions, you could consult with a lawyer.

16

Jodi, it;s the Bureau that enforces Dog Laws.

Puts me in mind of Mel Brooks’ “The Twelve Chairs”, and the sign that reads, " Bureau of Bureaus ". :smiley:

17

Cartooniverse, no need to apologize- I was just confused and concerned. I’m new here, and I’d hate to think I’d already pissed someobody off.

I sent away for PA’s dog law handbook, which actually contains 124 pages in my copy from 1998.

continuing the highjack…

American Pit Bull Terriers and American Staffordshire Terriers are very similar, and were once the same breed, but their lines have been seperate for almost 30 years now. Staffies tend to have bigger heads and squatter bodies than pits. But their temperaments are practically identical.

In certain countries where pits are illegal, (such as Denmark) people who own them register them as Staffies to get around the law. In some cases just owning a pit, Rottweiler, Akita, Chow-Chow, or other “questionable” breed, can make it well-nigh impossible and prohibitively expensive to get homeowner’s insurance. In this case, a lot of people tell their insurance companies their dog is a Staffie when it’s really a pit, or a mixed breed. Fortunately, I didn’t have this problem, so my IC knows I own a pit, and doesn’t seem to care.

A well-trained pit actually makes an excellent therapy dog. They love people, and they’re pretty stoic, so an accidental bump from a wheelchair or cane doesn’t even register. I mostly go to nursing homes, but occasionally to a local women’s shelter and the children’s ward of hospitals. My Bloodhound would make an excellent therapy dog too, but the slobber factor kind of prevents him from it. Also, he was a rescue (all my dogs are/were, actually) and he only has one eye, (some puppy mill owner let him get tangled in barbed wire when he was only six weeks old, before the place got raided and shut down) and this might be a little too disturbing for therapy work.

End highjack.

I called the lawyer and left a message with the secretary. He’s supposed to get back to me within the week. I’ll post what he says as soon as I know. Meanwhile, I saw my friend from the local PD, who has been dating a friend’s mom for the past two years, and he says he knows my dogs are not a problem, and he would actually be willing to testify to this in court should anything happen, god forbid. I love police officers!