I was sitting in my house playing games with my friends when all of a sudden my two dogs, two blue heelers, started barking and growling. It wasn't normal so I jump up and look out side and find that my two dogs had the cable guy cornered. Not knowing who he was I yelled out who he is and he said he was the cable guy. I got my two dogs off him and be four I could say anything he ran off yelling he is going to sue us...He never came and knocked or rang the door bell or gave any notice e was entering my backyard. Can they go freely into my backyard? And should of he stopped be four entering a backyard with two dogs? I don't think this is fair. Well anyways the cable company is sending an investigator tomorrow...
2007-08-22 16:19:17 · 18 answers · asked by Aaxel21 3 in Pets ➔ Dogs
I don't have cable and I don't have any signs saying beware of dog. Don't know if he was bit, he just ran off.
2007-08-22 16:34:51 · update #1
I don't know if you having cable service entitles them to come onto your property. You may want to call and ask the company about that and ask if it is in the contract.
He may sue, but he will not win especially if there were no injuries. You had your dogs properly contained and they were no threat until he stepped onto your private property.
2007-08-22 16:24:40 · answer #1 · answered by Shanna 7 · 1⤊ 0⤋
I have several questions that could affect the answer here...
Is there an easement on your property? If so, then the cable man has the right to enter your property to maintain the lines within the easement.
Was a "Beware of Dog" sign posted? If so, then he assumed the risk when he entered the yard without notifying you first. If there was not, you could possibly have some liability.
Was a police report filed? If so...there would be some indication of injury. If not...any case become circumstantial, except that you inquired on this site.
Were you notified that the cable company was coming out at any time? If so, you may be fully liable. If not...it becomes a coin flip.
As you can see...there are many variables that can affect this potential case. One additional note...he might not even be able to sue you unless he was injured. If he was injured...there are additional avenues that the company would have to deal with as well, such as workers' compensation laws.
2007-08-22 16:30:05 · answer #2 · answered by Chris H 2 · 2⤊ 0⤋
Contact a lawyer immediately and explain the situation. Have the lawyer there while the investigation is being conducted and any other time you may communicate with the cable company. He is in no way allowed to enter a gated yard without the permission of the owner. This is bad judgment on the cable guys part. He didn't follow company protocol and therefore suffered the consequences. It sounds like he didn't sustain any injuries so really he has no grounds to file a lawsuit.
2007-08-22 16:31:09 · answer #3 · answered by Mike 4 · 1⤊ 0⤋
Typically, if the cable company, or any utility, has equipment located behind your fence (in your backyard), they have the right unhindered access to their equipment 24/7, just as other utilities do. If they have easements running through your proerty, they would also have this right. If either is the case, they are not required to notify you before enterting. However, if you have a dog, it is in your best interest to be sure that all utilities who have equipment behind your fence make note of this so that the meter readers, etc do not accidentally leave the gate open.
If your dog does harm to the person, you may be liable. You must notify them if the dog is a threat to their safety and they may be willing to work with you to find alternate means of accessing their equipment/meters. If they cannot find an acceptable solution, they can require you to pay for moving the equipment to the front or side of the house where they do not need to enter the gate.
2007-08-22 16:44:24 · answer #4 · answered by M3 2 · 2⤊ 0⤋
How do you know he was the cable guy? I think you had a criminal in your yard. Good Dog. Do not say what your dogs were doing. Anything you say can be used in court against you.
They probably have an easement but should have notified you. Don't be belligerent but ask the questions do not provide answers. Just say, "Why was you guy in our yard without permission?" They are not there to be your friends so you put them on the defensive and ask "why was I not notified that they were entering your property?" Say something like there has been some break ins in this neighborhood and without notifying the homeowner we can't be sure that people coming around the house in the daytime are not criminals . Then ask then to notify you before coming on your property.
Your dog's are suppose to be leashed unless they are in a fenced yard so don't answer that question. If the police ask then you saw a unknown man trespassing on your property and the dog's were just protecting the property. Try not to say they were off the leash even in the yard. If it was in the front yard its harder to defend, but if your dog's were in a fenced back yard and he wasn't bitten then its probably nothing.
I had the Oil company come to my house and dump 60 gallons of oil in my basement and then try to say it was my fault. Big Business think's their crap don't smell.
2007-08-22 16:39:35 · answer #5 · answered by Village Player 7 · 2⤊ 0⤋
Uhh technically he entered your dwelling without permission. To me that's like breaking and entering, even if it is the backyard. Your dogs were protecting their home. I would emphasize to the investigator that the cable guy entered without authorization and your dogs were doing exactly what they are supposed to do.
Why do you think the gas and electric meters are usually on the outside of the backyard fence? It's to alleviate problems like the cable guy had. I wouldn't worry about it, the cable guy was in the wrong, as far as I can see it. Plus your dogs didn't hurt anybody.
2007-08-22 16:29:13 · answer #6 · answered by historyhnyb 2 · 3⤊ 0⤋
Just double check with the cable company.. A few years back my mothers dogs tried to attack a "cable guy" who was coming in.. he wanted us to lock up the dogs but I refused.. said I'd leash them, but that was it.. he got pissed and left.. later on we found out that he was not with the cable company at all.. (and some others were robbed) If they are sending investigator's that normally means it's legit.. but make sure you called them to find out..
As for entering your property.. they should have knocked, or called before entering your property if you have dogs.. It's not your responsibility to lock your dogs out of the back yard so they can enter whenever they want.. If he needed to get back there, and no one was home he could have left a note and arranged a time with you.. He made a bad judgement, but nothing should hold up in court because you did not have any reason to assume they'd be there..
2007-08-22 16:35:29 · answer #7 · answered by kaijawitch 7 · 3⤊ 0⤋
Who knows if you got out your dog because you have seen the cable man going in your backyard without permision . Just like the meter reader , the cable man have the right to access the Tap when it is in your backyard, but if you have a sign about dogs or you lock your yard then he will ring the bell, most of the time they don't ring because they don't want to disturb you.
2014-09-21 09:57:41 · answer #8 · answered by deps 1 · 0⤊ 0⤋
I actually hadd a very similar situation happen to me. I own seven dogs, and I have a fenced yard with two gates that have "Beware of Dog" signs posted at them. The meter reader jumped my fence and entered my yard without ringing the bell. By the time I got to him, my 17 pound Minpin had his pant leg and my Blue Heeler was coming around the corner to charge. I yelled at him to get off the property and he actually leaped over the fence head first when he saw my Heeler coming at him. I immediately called the electric company and asked them why any of their workers would enter a yard with "Beware of Dog" signs posted? They even admitted that they had my home listed as a home with dogs and that the bell must be rung before entering the yard.
They had their supervisor call me, and I think the meter reader got in trouble for my complaint-tough-he deserved it for being so stupid in the first place.
Most of these service providers have each address listed with what restrictions may be there, including dogs. It was entirely the man's fault and you should complain to the cable company.
I would suggest posting signs, though. You don't want one of the neighborhood kids taking a shortcut over your fence.
2007-08-23 11:02:18 · answer #9 · answered by anne b 7 · 1⤊ 0⤋
yes the cable man can do that as long as he is within the utility easement. for him to fix someone elses cable he may have to enter your yard. even though this is on your property the utility easement is also there. think of it this way, if your cable was out and the man had to go to the neighbors yard but the neighbor said he was trespassing and wouldnt allow him to do his work. you are upset because you dont have cable and the cable man cant do his job. this goes for all utilities, electric phone cable water and gas. as far as the cable man goes, he should have scanned the area to check for dogs first thenask you for permission to have them put away while he does his job. this can be dangerous for the repairman but can be avoided. note he does not have to ask you for permission to enter the yard as it has already been granted by the easement.it is adviseable if the homeowner is home to let them know what is going on so they dont freak out.. most utilitys have identity cards to let people know they are legit .it is fair beacause people are not always at home for the utilities to get permission to do their work. they have to fix it now not later.
as far as him saying hes gonna sue well. hes an idiot for that. he would have to sue on the behalf of the company he works for and not as an individual. he wont be in trouble for being in your yard but he will for saying he will sue. thats just dumb. if an area is unsafe he should have called his supervisor and advised of the situation. then talked to you if at all possible.
2007-08-22 16:33:50 · answer #10 · answered by fred bean 2 · 3⤊ 0⤋