What is the exact law concerning someone breaking into your locked house and the dog attacking them?

As far as I am aware the burglar would still be able to take out civil action against you for injury etc

i am not sure, i do know that about 10 years ago someone we knew had a policeman at the door the owners answered and the dog went to the door too, the policeman went to step inside (without waiting for the owners invitation) and the dog latched on to the policeman's family jewels!!, we were told then that the policeman could not do anything as he had entered the property without owners consent.

Not sure if the law has changed now though, perhaps ring your local police station and ask them, i am sure it's ok, otherwise what is the use of guard dogs??

Emma 

Guard Dogs (as opposed to pet dogs) are covered by specific laws regarding their housing, signage and control.  If your dog bites anyone at anytime you may find yourself the subject of a court case!

Criminal law is different to civil law.  You can be sued if a burglar hurts himself on any barbed wire you have erected, hence why lots of homeowners have had to have it removed from their garden fence!

Think Lel may be right, :-(  if you look at the cases where people (the victims) have been in trouble for  using  what is thought to be 'more than the necessary resonable force' it is possible in this crazy unfair world that the powers that be would say you are keeping a 'dangerous dog'!!  Just hope the dog makes enough noise to scare the burglar away. My biggest worry has always been that the burglar wouldl feed something to the dog before trying to enter the house or let the dog  out!

I constantly worry about the dog being fed something or worse being taken!

So what everyone is saying is that I could walk in to anyones property and take what i like-if they(or animal) physically try to stop me and injure me in any way i could sue them? Sounds like a good job to me!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! No wonder there are so many burglaries.

Actually for someone to trepass(be on/in your proprty without your permission)is currently a criminal offence so no they cannot just come into/on your property & steal your possessions. You cannot however shoot someone if they do so unless you had genuine fear for your life & you believe that they are also armed.

The wording is undue force, one reason I have warning signs son my wall & gates for people not to enter as the dogs are running free. The gates are also padlocked to prevent unauthorized access. I have been told by my commnnity police officer that if anyone came on to the property ignoring the signs I would not be liable & I could sue them & have them prosecuted. I must add my dogs are never left unattended & I have CCTV as well as we live in a area where the local young people can be irresponsible

Some years ago (long before road rage was a name) I was visiting my (dying) husband in hospital when a man in a car turned  accross me at traffic lights, I foolishly hooted at him and he stopped in front of me under the single file bridge, got out and came to my car window. In view of my circumstances at that time I was not really thinking straight and I foolishly wound the car window down to talk to him,I could not drive on..he was blocking the single file road in front..he swore at me and grabbed me by the shoulders his face in my car. My dog who had been asleep until then on the back seat leapt forward in rage and the man just pulled back in time.. went to his car and drove off..I sat there a shivering wreck with cars behind hooting at me. Luckily the hospital car park was just up the hill so I made it there in one piece. A couple of weeks later I was queing to park in a car park (on a double yellow line) a policeman came to the car window to say I must move and yes you've guessed I wound the window down to talk to him..dog leapt forward..luckily the policman was not near enough to bite.  The policman said I had a very aggressive dog and I must keep it under control or I would be in trouble and no..defending me and my property was not a valid excuse for my dog biting anyone.  My dog was the gentlest of dogs who would never dream of harming anyone under normal circumstances. After that I made a harness and kept my dog attatched to the back seat.

WHAT BREED HAVE YOU GOT?

Tilly (now dead alas) was a Mini Schnauzer..I cried out when the man grabbed me..had she not intervened I would have been hit in the face..when the policeman approached on the second occasion she obviously remembered and wanted to protect me..

I'm not sure about over there, but here in the US, dog owners should have "Beware of Dog" signs posted somewhere on their property if their dogs guard the house and property. This way, if a burglar decided to sneak around, he has been warned, whether he actually saw the sign or not. A "Beware of Dog" sign gives them plenty of warning that a dog is around and the person must be aware of it. If he continues to sneak and around and comes across the dog and is bitten, well, that's his fault. He was warned. :)

Because of this, my family has posted several "Beware of Dog" signs on our property as we have two GSD X Rottie males. Their protecting and guarding instincts are very strong and would die before they let a stranger near our house without our approval. In fact, the first time my best friend came over, he almost lost his manly prizes as one of the guard dogs didn't trust him right away and attempted to bite. Luckily Nick jumped out of the way fast enough and I was able to reassure the dog that Nick was a friend and was allowed here. Now everytime Nick comes over here to visit me, he is sure to act very friendly and happy when he meets the two dogs. They now approve of him and will let him inside the house even if I am not around outside to walk Nick to the door. :)

Hi sibeluver, the law in the UK is very different. If you did have "guard dogs" then they have to be licensed with the local authority, they must be kept in a contained area to which no one can have access and from which they cannot escape, they have to have a handler etc etc etc.

If you have a "pet" dog that you use for personal protection then of course it will be under strict control at all times and would not "attack" anyone except under command.  If the dog was not that highly trained or reliable then obviously it should not run free where it could jeopardise the safety of someone who could not read, a foreigner or a child.  Having a "Beware of the Dog" sign is no defence in the UK; one must demonstrate that one has shown a duty of care, even to the "baddies".

<<<Actually for someone to trepass(be on/in your proprty without your permission)is currently a criminal offence>>

Thats true but under various other legislation (Occupiers Liability Act etc) if a trespasser is to injure themselves on your property they have a right to sue you :(

But you can sue them for any damage done as well & I do know of someone who was burgled & there was lots of damage(thief broke several panes & of glass & cut themselves). The delightful young man tried to sue for him cutting his hands on the broken window & my colleague sued him for the replacement to the windows Result-thiefs claim refused & house owners claim awarded & thief's very nice legit motor was sold to recompense the home owner. He sold nothing as my colleague woke up & took a lovely photograph of the thief which resulted in him going back to prison(was out on parole)to serve the rest of his previous term & another 5 years on top

Yes its true you can counter-sue but I think its wrong that the burglar / trespasser should be able to put in a civil claim in the first place. Obviously if you shoot the burglar its a different matter ( well legally anyway :rolleyes: - not saying I wouldnt be tempted) but if he hurts himself while undertaking ilegal acts he shouldnt be allowed to :(

That certainly cheered me up reading that! Thanks Moonmaiden.
I've got a real hang-up about burglars,my parents have been burgaled 5 times(twice while in). What i have worked hard and payed for is mine and No one has the right to come into my property and take it ! I agree totaly with the law in the US and whole-heartedly supported Tony Martin(just sorry that someone died).
I've wound myself up now-will have to go and have a chat with my BABY BOY(BARNEY) The Dogue de Bordeaux!!! Always does the trick!

jon..I bought a really reasonable alarm (£25) from a DIY shop to go on the doors, it is fitted in two mins. with a couple of screws. It is battery opperated ,easy to use and when you open the door it makes a hell of a noise. One might help your parents ? :-) I also fitted window locks as I am out at work overnight and this makes me feel safer.

Cheers
What is the make? Not that they have a lot left to steal! But i would be interested for my house-The dog being the most valuable item(priceless)

..sorry jon name not on it and box long gone :-(   The alarm is a white box approx 6"X 2" with a little switch and a key, they come on a red/yellow/white card. I have seen them in the big DIY places but got mine from the local hardware shop. We also have them on the firedoors at work where the on/off switch has been 'disabled' (removed by the houseman with pliers ) :-)  so you HAVE to use the key.
I have had mine for about 5 years and have not yet needed to changed the battery :-D

i shall go hunting!!

Cheers

yes, in the U.S. it is our right to protect our property.  if there is a sign warning of a dog, than an oncomer should know..... i think there are probably individual circumstances within individual cases.  like, i don't think it is okay to have your dog reaching over your fence grabbing people and biting.  there was a case last year in california in which a women was attacked and killed by pit bulls while entering her apartment.  the owners of those dogs were prosecuted.  if you know you have a dangerous dog, and your dog attacks someone outside the house or at the park (or whereever) that is illegal.  But for the most part, it is okay to have a protection dog in the house and if someone breaks in (which obviously means they want to harm) then it is okay for the dog to attack. 
i don't understand what the point of "GAURD" dog if  you just have to lock them up in a contaiinment unit.  how awful for the dog and why would one even have one then?

In the UK a 'Guard dog' is generally owned by the police, armed forces, or a security firm, and used only to patrol, with a handler. If loose, then they must be in a secure area. There have been cases where a child has climbed over a fence into a compound to retrieve a ball and been severely injured by loose dogs. In these cases the dogs' owner is invariably found to be at fault.

If someone breaks into your house and your dog attacks you are likely to be in trouble.

here, i think the dog owners would be held responsible also if a child climbed into a yard and got attacked by a dog.  however, it is still private property that should not be entered into by anyone.  and the police have tracking dogs and/or gaurd dogs here too.  but if i have a doberman or a german shepard in my home and he/she attacks an intruder that breaks in, that is considered okay.  there isn't any question about the intentions of a person breaking and entering here. 
interesting how it is different in each country.  and in the U.S. it can be different in each state and then within each county!  lots of different laws....(too many for my taste!)

MY DOG WAS NOT BOUGHTAS A GUARD DOG BUT MOST PEOPLE WHO MEET HIM FOR THE FIRST TIME TAKE A STEP BACK! HE WILL BARK AND JUMP AT THE WINDOW IF SOMEONE STOPS OUTSIDE BUT NOT IF THEY ARE JUST PASSING!
NOT SURE HOW TO TEST IF HE WILL ATTACK OR NOT IF SOMEONE DID COME IN WITHOUT US OR IF THE DOG WAS ALONE IN THE HOUSE!
BIT RISKY FOR THE TESTER WHEN CONFRONTED BY  9 STONE(130lb) of pure muscle(and flob)!!!!!

yeah, jon, i wouldn't try testing it!!!!!  i don't know what my dog would do if someone broke into my house, but i suspect he would bring the tennis ball to the intruder and drop it at his feet!!!!!   my eli is a great watch dog, but gaurd dog???? i don't know.

LOL Elija! You know, I don't know if Lyric would bite anyone either for sure. But most people are afraid of Dobermans. He does growl and bark if someone is outside.

But as far as laws here in the U.S. I've heard it on good authority that it is NOT advisable to put a sign out that implies that you know your dog is dangerous, such as "Beware of Dog." Even though you're warning, you're also acknowledging that you know your dog is dangerous. So, 'they' say to put a sign that is ambiquious, like, "I can make it to the gate in 3 seconds, can you?" Or...like the one I have with a picture of a Dobe and it says, "I don't dial 911" which is our emergency number. Even then, it could be construed that you know you have a dangerous dog. However, I'm not sure if they go by the letter of the law or the spirit of the law.

I think it's all nonsense too. Cotton pick it! If a creep breaks into your house....well good grief! It's just too much...this protecting the creeps and not the victims. Thank God we still have the right to keep and bear arms.

Carrie