Can anyone answer a legal question please?

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    #16
    Good grief. Where on earth do you live djb - the Bronx? Joburg? Castleford?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #17
      Originally posted by mind the gap View Post
      Good grief. Where on earth do you live djb - the Bronx? Joburg? Castleford?
      Must be Pontefract (because hot cakes).
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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        #18
        Originally posted by davidjohnbutton View Post
        I own 5 german shepherd dogs both male and female. They have the run of the rear garden but are restrained therein by a 6 ft 6 wall all round and a large electrically operated gate with a keypad to which only house occupiers and a few trusted visitors have the pass number. Warning signs are prominently displayed that dogs are loose and not to go past the sign unless escorted. The GSD's cannot get into the front garden to pester postmen and other lawful visitors but they can see visitors and alert us before they even get to the front door.
        I dont use Beware of the Dog signs as such - the signs simply say that dogs live here and not to enter past this point.
        You must realise that certain visitors such as postal employees have an implied right to walk up to the door unmolested in order to deliver mail - same applies to leaflet delivery and indeed Jehovah's witnesses. If they are met with a snarling dog, or even bitten, then the owner is in trouble even though its on their own peoperty. Apart from that, putting a Beware of Dog notice on the front gate might result in warning off the people you would not wish to warn off like postal service/courior delivery/free newspapers etc. as well as having an effect of stopping potential wrongdoers.
        Also, a householder might well still be liable if the dog gets loose through a visitor not closing a gate as requested by a notice.
        Dogs can be dangerous whether they are ankle biters or the full monty like GSD's or Rottweilers and it is wise to have that thought at the front of the mind in deciding how to make sure the dogs cannot interfere with people who have a right to enter your premises but at the same time deter people who you do not wish to enter.

        BTW shameless plug - pm me if you want a pedigree GSD puppy - expecting birth circa end March and for rehoming mid to end May. £300 be quick though - they sell like hot cakes!!!

        Thank you for your input. I should point out that it is actually a rear gate the notice is wanted for, the dog has no access to the front of the house & the gate in question is at the end of the alleyway at the side of the house & the only way you would see it would be if you were somewhere you were not supposed to be anyway. It is purely for deterrent.

        I wonder what Jeffrey would be able to add with his legal knowledge?

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          #19
          http://www.inbrief.co.uk/land-law/oc...-liability.htm

          Deal with the occupiers liability acts 1957 and 1984. I believe that these may apply.

          pm
          Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

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            #20
            Originally posted by property mongrel View Post
            http://www.inbrief.co.uk/land-law/oc...-liability.htm

            Deal with the occupiers liability acts 1957 and 1984. I believe that these may apply.

            pm
            Well that's clear as mud. Unless i am missing something here i cannot see what any of that has to do in relation to displaying the sign in question in this thread. It doesn't even mention animals?

            It seems that act applies to anyone in any property with or without a dog & does not address the actuall legalities which people seem to believe are raised by installing such a sign. I don't question that a duty of care exists but what relation does it have with the placing of the sign?

            I am fast arriving at the conclusion that perhaps nobody actually knows the answer to that specific question. can there be legalities by implication with a Beware of the Dog sign or not, or is it all just an urban myth?

            ...although this passage seems to cover every angle of the sign - Warning

            If damage has been caused to the visitor by something which the occupier had previously warned him about then the occupier will not be subject to a greater duty of care if it is found that the warning was reasonable enough to keep that person safe.
            or am i reading that incorrectly? It's all Greek to me.

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              #21
              It means this:
              1. It's not possible to exclude liability for death or injury.
              2. Subject to that:
              a. you [owner] can use a reasonable warning notice as evidence that a visitor was warned; and
              b. this can limit your liability.
              3. Without such a notice, your liability might be greater for any risk of which the visitor would not know.
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment


                #22
                http://www.thekennelclub.org.uk/item/1052

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                  #23
                  Yer all wrong - even the usually pedantic Jeffrey (btw Pontefract is known for Ponterfract cakes, not hot ones!!!) Its near Doncaster South Yorks and its not so much about keeping people out, its a as much about being a responsible dog owner and making sure that a bloody great GSD weighing 37 to 45 kilos does not even jump up at anyone which could give rise to a complaint to police or council. That having been said, the last person to jump over the rear (2 metre) wall late at night presumably with nefarious intentions left half his trousers behind for the GSD's to play with - I assume the owner did not wish to stay himself and play!!!!!

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