Question about a dog in a fenced back yard, and biting a child?

Question

I have a Great Dane, who is gentle, doesn't even bark at people, my kids and their friends are around her all the time. We rescued her and she had been horribly abused, so if anything she is very timid. She is in a fully fenced back yard. The fence is iron and has slats. There is a little boy that is 4 years old that plays at the park right next to our house, maybe 25 yards from our back yard. This child has thrown rocks at my dogs ( I also have a Chihuahua ) and teased them. So yesterday as he walked up to the fence, I told his mother that she needed to keep him away, Zee ( the great dane) was actually growling at him, I have never heard her growl at all. She said, yes, but if he gets bit, it will be your fault and I could sue you, since you don't have her on a leash. I said, yes but she is fully fenced in and your child is mean. She said it didn't matter and she was not going to tell her child not to go to my fence, that if I didn't keep her on a chain, it was my fault.

Is this true? I mean my dog is fully fenced in and the child was reaching through the slats into our yard. She didn't even tell him to stop, nothing. I took Zee in, but why should I have to, she likes to watch my children as they play. She has seperation anxiety and likes to be able to see us at all times.

Like I said, she likes to be in our backyard while my kids play outside at the park, which is right next door. I don't leave her anywhere alone ( unless I leave the housed then she is inside) because she is so scared to be alone. If we are in, she is in, if we are out, she is out. But I have to be at the park with my three kids. She usually just lays by the corner nearest the park and watches us...until this kid comes around.

Answer 1

Use a VIDEO Camera. Get a movie of the child and what he is doing. If the parent cannot or will not watch the child it needs to be turned in as neglect.

You could be sued. Anyone can sue anyone for any reason. She could sue you simply because you spoke to her or her child and call it harassment. The correct answer is will she win if she sues you for a dog bite? No probably not, but chances are your insurance company would pay her of just to avoid court.

If your dog is tagged and fenced, then you are not breaking the law. If the child is harassing the dog and the mom is too lazy to stop it then she is breaking the law. I would stop this problem now before it escalates and costs your dog its life.

Answer 2

A child doesn't know any better?! I find that hard to believe, especially since you have discussed this with the mother. You're fully aware of the dangers Zee could pose, but if the dog is fenced in, I don't think it would be a problem.

It could be the law against dogs running "at large" that would come up against you, but if the dog is enclosed, the kid is trespassing. Does the mother realize what would happen to her kid if the dog bit? This is bigger than fault, this could be traumatizing, and she'd put her kid through that to prove a POINT?

How hard is it to say "don't throw rocks at the dogs, would you like it if passers-by threw rocks at you while you were outside?"

I hope you have less trouble in the future helping Zee adjust to her loving new home - congrats on rescuing her, she sounds like a love! She and her chihuahua companion make quite a pair, I imagine.

Good luck!!

EDIT: my parents live next to a walkway by an elementary school, and the kids ADORE their dog, so thankfully, it's not always a bad thing to live near a walkway.

Answer 3

Talk to the police and local Animal Control. It is not legal for a person to throw rocks at your dog, but if a kid gets bit then they usually blame the dog. I'd build an inner chainlink or wire fence to keep the dogs back from the outer fence if you can't be outside with them.

Otherwise, don't leave your dogs outside unattended. You can also ask Child Protective Services about the lady letting her kid endanger himself right in front of her.

A dog does NOT have to be leashed in it's own yard ! And keeping dogs on chains tends to make them bite more often.
So alert the authorities, educate yourself on the law and keep an eye on the dog and the kid. Maybe you can "accidentally" hose the kid if he gets too close to the fence?

It would be nice to be able to get a restraining order on this stupid female and her horrid child (of course it's her fault he's horrid).

I've always avoided buying property near a school or park for this reason. I've seen too many kids tease dogs unmercifully, having no clue that it was wrong.

See if you can document the kid's behavior...borrow or rent a camcorder and get one that has a date/time stamp.

Answer 4

It will depend on your local laws.

Typically, if your dog is properly restrained (meaning in a fenced yard), it is the trespasser's fault. Also, since the child has been harassing the dog, this is another fact on your side.

If sounds like this family is really trashy, so avoid the problem as much as possible. Post "beware of dog" signs on your fence. Contact your local police department to get an exact reading of the law. Double check this with animal control. Finally, touch base with your lawyer.

If the child harasses the dog again, dial 911 and ask them to come IMMEDIATELY so that the child does not get hurt. The police office will explain to the "mother" the way the real world works outside of her little fantasy land.

Answer 5

I have a similar issue - the neighbor kids tease my dogs from time to time.

Unfortunately, how most laws are written, you have to have your dog under control at all times, so regardless of the circumstances, if a dog bites, you could be held accountable. Of course, since the kid is teasing the dog and trespassing, it would make your case look better.

Posting "Beware of Dog" signs is questionable. On one hand, you are warning others about the dog. On the other hand, you are admitting that you know that your dog may be a hazard and it may work against you should a law suit ever arise.

I no longer let my dogs outside unattended. They get several potty breaks a day and a longer play session every morning and evening. It would be nice to be able to let them be out by themselves, but I decided it's just not worth the risk.

Answer 6

I thought the leash laws only applied when you were doing something like taking your dog for a walk. That's a new one for me if the dog not only is behind a closed off fence yet still has to be on a leash. I would definitely have called the police in regards to this child who is deliberately inciting and provoking your dog. And the fact that his mother is argumentative and encouraging her son to taunt your dog, is just over the top. If you file a police report about this, it just may help you if, God forbid, something ever does happen between your Great Dane and the rock throwing little brat.

Answer 7

Sounds like an unfit mother to me. Do you have any witnesses to what she said to you? There have been court cases with dog bites where the dog owners have won because of the negligence of the person bit. You have done everything required by law to secure your dog, and if possible, I would call the police and report her for trespassing on your property (sticking fingers through the fence). At least then you would have a chance to get something on paper with the authorities. You might also ask the officer to have a "talk " with her about her responsibility in safeguarding her children.
It is sad to see a mother with no regard for her child. I hope everything works out for you.

Answer 8

I would say to check with your local animal control agent. She/he would know what to do. It's as simple as making a phone call. Unless anyone on here is a animal control agent or knows the exact laws in your area, don't listen to them, they could be wrong and that could spell disaster for you. Better to be safe than sorry. I have been training dogs for 3 yrs. and durring that time I've talked to animal control officers who can think of many cases where a child was bit by a dog in a fenced yard and the owner of the dog got sued and the dog got put down. It's not your dogs fault at all if she bites that little brat, nor yours, but you do need to know what the law in your area is for that and what your chances in court are against such a circumstance if it ever came about. I'm not a animal control agent, but I do have experience with dogs for many, many years, beyond training them for 3 yrs. and with people who work on the law side of owning a dog. So make a phone call and know the laws for your situation. Good luck!! And extra points for you rescuing a dog who was abused in her past, NICE JOB!!! ;-)

Answer 9

Unfortunately you can run into issues - nothing to do with the leash or fence, but even on your property. You have done the right thing by talking to the mother. The dog park I go to you must be 9 to come in - but parents bring in infants! My dog is child agressive and I don't feel I have to leave, but want to protect the child. I called Child Protective Services, and learned that the parents can be held liable for endangering their child. You have stated the dangers, and done all you can by securing your dogs in a fence that they cannot get out of. (Only other thing I can think of is to tack a chicken wire outside to keep hands out! You shouldn't have to do this, but it might be worth it to you). You should not, and DO NOT have to chain your dogs. The mother is endangering her child and you need to call CPS if this happens again. It is anonymous - could easily be someone else who was at the park. It's a different phone number for each state, but you need to find the number for your state and keep it handy. Remember, the child is not at fault here, it is the parent. If she does this to her kids just for the opportunity to sue you, imagine what else she is willing to do to them! Only you can help to protect them by calling.

Answer 10

You need to report the bite obviously. If the dog came out of its yard via an unsecure fence (even if it was able to dig under) the owner is responsible for the bite. If on the other hand the child put its arm through the hole it will depend on the law in the area. (the child in that case was trespassing)