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Animal Control, trespassing neighbors

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T

truly

Guest
What is the name of your state?MD
I would like to know if I can be held liable for this. I own a beautiful & large dog who is very protective. Since he is so large I have had a run built for him 6ft high, 6 ft wide, 20 ft long for him to exercise outside. My yard is very large, and is not level so fencing the entire thing would be a hassle and expense, hence the dog run. Problem is, though I've posted signs(no trespassing, beware of dog) and made sure the dog cannot escape the run, the neighbor's kids come into the yard, antagonize him, and "bait" him by putting their fingers in the fence of the run. I've spoken to the parents, asking them to keep their children out of my yard, they promise to sue me if their children are bitten. Can I be sued for my dog biting someone if my dog is restrained and well within my property?
 


I AM ALWAYS LIABLE

Senior Member
My response:

Sure, you can be sued. But, based on your facts and the circumstances of your "dog run", it won't do the neighbor parents any good. But sure, you could be sued - - and they'll lose.

IAAL
 
T

truly

Guest
Thank you...as long as I know I've done everything I can to protect myself, my animal and others, I guess losing a finger or thumb will be the price of the lesson for these kids. :)
 

I AM ALWAYS LIABLE

Senior Member
My further response:

Send each of the neighbors a Certified Return Receipt letter, stating basically the following:


Certified Return Receipt Number: XXXXXXXXXXXXXX

Dear __________:

As you know, I own a very large dog that I keep locked within a "dog run" within the boundaries of my property. When provoked by strangers, or your child(ren), my large dog can become quite agitated, protective, and as a result, extremely vicious; i.e., he bites.

I have noticed that your child(ren) enter onto my real property located at _____________________. I have seen them provoking and agitating my dog while it is within the confines of the said "dog run", by poking their little fingers through the chain links of the said "dog run". This habit of theirs can be quite deleterious to them; e.g., having a finger chewed off can impact there lives.

Therefore, I'm am hereby placing YOU on notice that your child(ren) have been, and are, trespassing onto my property for the purpose of harassing my said dog. As a result, I am hereby withdrawing ALL permission, either express or implied, for you and/or your child(ren) to enter onto my real property at ANY TIME without proper adult supervision; with either myself in immediate attendance, or you as their parent in immediate attendance, and then only with my EXPRESS WRITTEN permission, and with you accepting all responsibility and liability for injuries and damages.

Therefore, if your children should ever, henceforth from the date of this letter, enter onto my property for any reason whatsoever without my EXPRESS WRITTEN permission and/or your supervision of them, I will consider your child(ren) to be a trespasser and take swift and appropriate action.

I am entitled, as a property owner and homeowner, to the quiet enjoyment of both my real property and personal property thereon, including my dog, to remain free of harrassment and trespassing.

Because of this notice, be it now known that I take no responsibility for, nor will I be liable for, any physical injuries and damages your child(ren) should or might sustain while on my real property without my prior EXPRESS WRITTEN permission and consent.

Please guide yourself, and your child(ren), accordingly.

Sign and date.


IAAL
 
D

debrad

Guest
Agree

I agree with the letter to the neighbors. Also, please contact your local animal control agency in the county or city you reside in. Maryland does have laws about children harrassing pets and a representative from Animal Control will go visit the offending neighbors and give them a warning, a call to your local police would also be warranted.
 

I AM ALWAYS LIABLE

Senior Member
debrad said:
I agree with the letter to the neighbors.

My response:

I can only hope that our writer appreciates it too, because this writer has not written back with any comments concerning the assistance I gave him/her.

IAAL
 

nailtech

Senior Member
I AM ALWAYS LIABLE said:
My response:

I can only hope that our writer appreciates it too, because this writer has not written back with any comments concerning the assistance I gave him/her.

IAAL
He's still typing... hehehehe... :rolleyes:
That was a great reply though... :D
 
T

truly

Guest
I'm sorry for my delayed response, when I got your first response back I assumed that your short and to the point style was the end of the discussion. Thank you for the outline for the letter, the children have previously been warned by the police and animal control to stop trespassing and antagonizing the dog, their parents have been warned that they will be fined. I unfortunately caught another child in my yard climbing the the dog run yesterday...it's summertime and my dog is getting hungry for sandals and the feet that were in them!
Thank you again IAAL and all others who posted.
 
T

truly

Guest
IAAL's letter

The problem will be solved next week one way or another....the letter received from IAAL has been personalized and sent off certified in today's mail, AND I'm on vacation next week, since my car will be in the garage, the children will assume I'm at work, after they come onto my property I will call the police and have the police see them there and let them handle the situation, or let my dog eat them, either way win/win,lol! ;)
 

nailtech

Senior Member
try taking some photos while you're at it. might help in court if needed... put a no tresspassing sign in view of your house so when you take a photo it will be seen in the photo as well as the little snots climbing the fence... ;)
 
T

truly

Guest
Funny thing, there are 2 no trespassing signs on the property lines, 1 in front, one on the side(the other two sides of the property are not adjoined to residential properties) and 3 beware of dog signs, one with each no trespassing sign and one is ON the dog run...I would love to get a pic of this kid climbing right next to the sign! Terrible thing is these aren't little kids we're talking about, they're 12-14, definitely literate and definitely understand the danger involved...my poor Adonis(my dog) is just waiting for his chance at em', I'd hate for it to get that far...fingers crossed that the letter to the parents works first.
 
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