Liability for a dog in the garden | Legal aid

Questioner

If a dog in its own fully fenced garden (fence 1.80 and locked gate) injures a burglar or someone who gains access without permission, is the owner of the dog liable for injury and damage? Does it matter if there is a warning sign saying 'I am on guard here, enter at your own risk'? What if a strange cat comes into the yard and bites the dog?

Lawyer

In principle, the owner of the dog is liable for the damage/injury. Whether this is the case depends on the situation and the circumstances. There may be a case of contributory negligence, if a warning sign has been placed and someone still enters the garden. If you have liability insurance, you can forward the notice of liability to your insurer. If there is no insurance, I advise you to consult further. You can contact me directly and free of charge for this.

Lawyer

You are liable to the extent that you would have been liable if you had had the animal in your possession. You may use proportionate force to defend yourself or your property. Practice: You may defend yourself against a burglar or someone who is unlawfully in your garden. If you use a dog for this, this is -depending on the situation- allowed. If someone accidentally kicks a ball in a garden and he climbs over the fence, then it is of course strange if that person is attacked. Then this is not proportionate. Under criminal law, you cannot be blamed - again under certain circumstances - if you could reasonably have suspected that it was a burglar. This may have an impact on liability for damages, as the 'unlawfulness' required for compensation for damages may depend on the criminal unlawfulness. Please note: under certain circumstances the attack may not be punishable, but it may affect liability. Proportional If you kill someone who wants to break in, or who simply wants to walk into gardens unlawfully, then you are in principle liable. That is different when that person apparently has a weapon. The same applies here: if you use a dog, the same applies. What I mean to say is that it depends on the intention of the person and the action you, or the dog, take. Conclusion: It depends on various circumstances. What was the person doing in the garden? Did he apparently have a weapon? The fact that a sign is clearly visible can have an effect. A grown man jumping into a garden for fun knows, if he has seen the sign, that he can expect some resistance. In that case, it is possible that you are at fault. This can in turn affect your liability. It also depends on the injuries. Was an unarmed man bitten badly and had to go to the hospital? The fact that a dog was used in the defense does not make much difference. You are therefore responsible, to the extent that you would be responsible if you had the dog in your power. So consider, for example, whether you should have given the burglar a good blow yourself.