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Another Dog Law Question!

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divegirl | 09:51 Sat 15th Jun 2013 | Law
18 Answers
Good morning all!

My postman is not the brightest crayon in the box to put it nicely and yesterday, in my opinion did something really dumb! I had a small parcel to be delivered but it wouldn't fit through the letter box so instead of knocking [or even leaving one of those cars] he put it through my open front room window!

I have already had to complain to the post office before when I found him in my back garden with a parcel and he was reprimanded.

For those of you who don't know I have 5 dogs two of which are Great Danes. All are well trained and brilliant with people they don't know but the Danes will and do go mental up at the window if someone comes into the front garden.

Where would I stand if one of them bit someone putting their hand into my open window?

Lisa x
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I think that anybody who puts their hand through a window knowing there are dogs in the house deserve to be bitten for being so bloody stupid.
11:27 Sat 15th Jun 2013
in this case I don't think that you would be in trouble, or the dog, provided that it had no history of being dangerous (ie you would know it was a bad idea to allow it access to an open window.) If it bit this particular postman, again I think that you and the dog would be even less at risk, again provided that you had no reason to think that the dog was dangerous.
The thickness of people in regard to dogs never fails to amaze me. In the past I have had a teenaged boy climb into my garden (with his parents' assistance) to retrieve his dog, all the while my dogs were ignoring his dog and baying at him (weimaraners); a window cleaner who insisted on climbing over my back fence if I wasn't there to wash the back windows. I forbade him to do it, he still did it, so in the end I had to tell him not to come any more; and various postmen and deliverymen who have thought it was acceptable to throw parcels over the fence if i wasn't home.
Its many years now though since I allowed my dogs access to the back garden when i am not at home
Question Author
Thank you for your reply.

I am going to ring the Post Office on Monday and tell them. Hopefully they will be able to stop him from doing it again but if not at least they have been warned. The chances of either of the Danes doing anything is minimal but you don't like to stake any chances do you!
The annoying thing is there is always someone home and he knows that!

Lisa x
Question Author
take not stake :0/
Just the fact that you are asking "Where would I stand if one of them bit someone putting their hand into my open window?" means you are aware that this might possibly happen and, therefore, you need to do something about it. I'm not sure if the police would get involved, probably not unless it was a serious injury, if your dog bit someone in this situation, but the person bitten could definitely sue you for any damages.

As to woofgang's comment "The thickness of people in regard to dogs never fails to amaze me", I would turn that around and say it's the dog owners who are usually the cause of any problems. So many dog owners seem not to realise that it's their responsibility to control their animals at all times. I can't count the number of times we, as a family, have had dogs jumping up at us when we've been out in the street or in the park or on a beach. Sometimes these dogs are bigger than our kids and it's terrifying for the child. The owners mostly seem to think it's funny - 'Oh, he's just being friendly' and 'He wont hurt them'. Maybe, maybe not, but I still don't want dogs jumping up at me.

We've also had our pet cat killed by a dog which jumped the fence into our back garden and attacked and killed the cat. Apparently, nothing could be done about it by the police or the RSPCA. The dog wasn't on a lead and was, obviously, out of control.

As I said, and as the Law says, dogs need to be kept under control.
Why does divegirl have to do anything about it? The postman was on her property doing something stupid. People do have to take responsibility for their own actions. Twenty20 obviously doesn't like dogs and yes, I agree there are many people who don't control their dogs as they should which gives the rest of us a bad name. I can sympathise about the cat being killed as I also love cats.
I think that anybody who puts their hand through a window knowing there are dogs in the house deserve to be bitten for being so bloody stupid.
Twenty20, they could try to sue, but if the dog was of previously good character, was secured within the owner's property, if it was evident that there was a dog there, and if the person was doing something which they should not be doing (putting something through a window, trespassing onto private property); then they would have little or no chance of getting anywhere.
Even the new proposed tightening of the DDA doesn't cover trespass.
I absolutely agree that off my property, the dogs should be under my control (and mine are) and that dogs who are known to have bitten, should be kept away from people even on their owner's property...but a dog who is not known to be dangerous is a different circumstance as i am sure that even you will admit.
As for the thickness of people, again I wasn't referring to the same circumstances as you, but times when people have decided for their own foolish reasons to try to enter my property without my permission or knowledge or to place things on my property, again without my permission or knowledge. I am sure that if your cat attacked someone in those circumstances, you would be saying that you were not responsible for the thickness of some people with regard to cats.
I can understand that you dislike dogs. That's fine. I loathe foot ball, but please, when you answer a question, do try to actually read what the OP and repliers have posted and not allow your own prejudice to drive your post.
Question Author
The reason I was asking is because I was interested!

The postman is a short and rather portly guy, to get to my window he would have to reach up over a bee infested bush [there are millions of the blighters... very pretty though] and reach in through my child locked window which only opens about three inches.

The guy is a danger to himself. My dogs can not escape and he should not enter mine and their home with out an invite!

Lisa
best answer RATTER!!
Well said, Woofgang
divegirl, I would also be concerned about he contents of anything pushed through the window where the dogs could get at it, on a forum recently, someone's dog had destroyed a letter that contained a sample of dishwasher tablets. Luckily the dog wasn't harmed. If the mail delivered like this contained anything irreplaceable that the dog might chew, then I would think that the PO would be responsible for the stupidity of their employee as well.
An apparent flaw in the present law on dangerous dogs is that the owner is not liable to prosecution if the dog is on private property, not on a road or other public place, at the time of the attack. In your case, the dog isn't dangerous. Being aware of the possibility that a dog might bite an intruder would not be taken as thinking or knowing that it is dangerous, for any dog might bite someone in the protection of its owner or the home territory. In spite of that, I was careful to put a sign on my gate saying "Beware: Dogs may be loose in here. Ring this number for an untroubled entry" which warning does not suggest they are dangerous or that I think they might be, but merely suggests that they might escape or might just be a surprise or nuisance to the visitor
Watch out divegirl, the postie might sue you if he gets stung by all the bees.

Postmen should always keep their hands outside the house. My son is a postman and was delivering a rather bulky jiffy bag and pushed it all the way through the letterbox. The dog at the other side of the door promptly bit his fingers. He had no claim against the householder because his fingers shouldn't have been there.
If anybody comes into our house or garden, our hounds just see them as an opportunity to get petted and cuddled!
Shush Ratter ! If the word gets out that wolfhounds like cuddles from intruders rather than biting them, there could be no end of trouble!
Question Author
''If anybody comes into our house or garden, our hounds just see them as an opportunity to get petted and cuddled!''

So true lol

The last time I had to report him was fro entering the back garden to leave parcels with out my permission. He should have put a card through the door... we finally found around £30 worth of vitamins chewed to bits at the back of the garden under a bush!
Oh well... he'll be geting reported Monday either way.

Thank you for your replies!

Lisa x
Lisa, we once had a parcel delivered when we weren't home, it was hidden behind some ivy under a bench in the front garden, I didn't notice it for two days. I only noticed it because the Ivy had been dragged about. Fortunately no damage done even though the box was soaking wet.

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