By qwerty
Date 06.10.09 11:02 UTC
I wont go in to specific details just yet...
Two different scenarios(i will list both as not sure which it comes under just yet)
1) Someone legally enters a house while occupants are out, entry is by force but legal nonetheless. In the house is a dog(large breed, not that it matters), the dog then defends her property and bites the person who has entered.
No warning was given to the occupants that this was going to happen.
2) Someone unlawfully enters the house, same scenario as above.
what happens now? the dog has a right, surely to defend her property and has never shown any aggression or bad behaviour in public ever.
any advice greatly appreciated asap

I suppose it would depend who has entered the property.
For example, maybe a landlord would have different rights to say a bailiff? I'm not sure if this would be true, just an idea?
As mentioned previously, I would contact someone who has the relevant knowledge. If you weren't present, someone has obviously informed you that this has happened? If there were no witnesses how will they prove it was your dog?
As suggeted contact the Dog solicitor,with the full details.
My take on it is that a dog has every right to act on instinct, scenario No. 2 is covered by this forceable entry would quite rightly frighten a dog, a dog can protect and even bite an inturder in it's own home, but not savage anyone.
Even the RSPCA wear protective clothing and use equipment when going in to save dogs as they know that dogs act on instinct and their instinct can be to bite.
However, with scenario No.1 if the occupants were told that entry would be made, within the next few days for whatever reason, forceably or not, then the dog should have been secured at the very least, if this were a repossession, baliffs or a landlord you know it's coming, (usually, was this the case?) the dog isn't going to stop them entering. So it was up to the owner to make sure something like this did not happen. The dog should still be ok IMO, but the owners may well be in big trouble here, as they left a 'weapon' in their home, knowing the house was due to be entered and that it may or may not attack the officials. Did they know there was a dog in the home?
So, whether the owners in this case could have prevented a bite is another thing.