Warrant of entry and my dogs

[drew1982]

Hi British Gas have sent me a letter saying they are going to apply to the magistrates for a warrant of entry. I have found alot of useful info about this on the internet but nothing about what happens if you have animals.

 

I know they will be able to get the warrant because I can't afford to pay them.

 

If they break in and my dogs attack them would that be my fault?

 

I have a not very happy German Shepherd who I got from the RSPCA. I specifically got him because he is very vicious and has a history of biting people and if I didnt take him he would be put dowm.

 

Anyway I have "bewares of the dogs" signs on both the front and back of my property.

But I know that if I am not home and they try breaking in then he will make mince meat out of them.

 

Would they still try breaking in if they arrive to find 2 very protective dogs? Im not sure of laws

[drew1982]

Just to be clear my dogs are genuinely lovely. But would definately protect my property if I am not home

[asokn]

Why not inform BG so they can take whatever safety measures they consider appropriate?

 

EDIT: in fact, why let it get to that stage? Why not allow BG entry at a mutually convenient time and put the dogs securely in a room that they won't need to enter?

[drew1982]

Why not inform BG so they can take whatever safety measures they consider appropriate?

 

EDIT: in fact, why let it get to that stage? Why not allow BG entry at a mutually convenient time and put the dogs securely in a room that they won't need to enter?

 

I will try doing that. I will call them right away. Thanks for the reply

[drew1982]

Thanks that worked, they are going to call me on my mobile before coming to my house. Thanks very much

[Isiris]

Why not just let them come with out the warrant of entry. All they want to do is fit a pre payment meter so it will save you a few quid in the costs incurred for courtt if nothing else

[dx100uk]

and just as a point of note

 

if you put up a warning sign

 

beware of dogs etc etc

 

it makes you severely more liable if someone does get hurt by your dog as you knew it could poss hurt them.

 

be very careful about displaying any such signs that

 

http://www.champdogsforum.co.uk/board/topic/120561.html

dx

[Isiris]

Yes completely agree. I have 3 dogs. 1 Labrador and 2 retired greyhounds and the sign on my house says, Caution, Dogs Roaming.

[Jasper1965]

Lol at the comment "I have even come accross some cases where an owner has got into trouble after thier dog has bitten an intruder and they have a 'beware of the dog sign' (UK cases, can't recall where I found them, sorry)."

 

Because I was asked this question years ago and have yet to find a case where a decision to prosecute was taken because the owner displayed a warning sign, it's just a train of thought easily countered by the legal requirement to put warning signs on nearly everything today.

 

I've never heard of a carrier bag manufacturer being prosecuted because they print a "Danger of suffocation" notice on the bag, does the deceaseds family sue the national grid because the deceased chose to climb an electricity pylon which was clearly displaying signs warning of electric shock and high voltage? HSE would be out a job if every risk assessment could be used as evidence the danger existed, look at the Dept of Transport and all those warning signs dotted around the countrysides roads, can I sue the supermarket if my car is broken into because they erected a sign saying they bear no responsibility in the even of theft from my vehicle, surely this is admittance that they knew it might be broken into.......

 

 

Filed under "U" for urban myth.

[dx100uk]

sometimes just sometimes your 'advice' is questionable...

 

if you really think the a big multi-national would ever lose such a case...

 

but an individual just might.

not worth the agrro for the sake of a sign..........

 

 

dx

[Jasper1965]

The only "legislation" concerning the posting of dog warning signs on domestic property failed at second reading stage on June 20th 1969, the bill was actually proposing to make it mandatory for property owners to display such warning signs.

 

I'd love some links to examples of people being prosecuted for having these signs, it is a legal requirement for me to assess all the risks at work and thrust my findings upon all and sundry, I've assessed the risks at home and decided that my Yorkshire terriers yapping might startle the unsuspecting so have posted a risk assessment in the form of a sign on the front gate.

[dx100uk]

cag is not responsible for the contents of external

if or if not they contain cases is irrelevent.

 

its a poxy sign!

 

grow up.

 

dx

[Jasper1965]

Whats your problem DX?

 

whats with the disclaimer and the earlier

"sometimes just sometimes your 'advice' is questionable..."

 

My advice is always put out here on the open forum for questioning.

 

Thing is it isn't questioned very often though I will happily engage in educational debate when it is.

 

Come at me with "because it is" and I will ask "why it is?

 

And you can retract the "grow up" throwaway if you'll please.

[asokn]

What about occupier's liability?

[Jasper1965]

http://www.guardian.co.uk/uk/2012/jan/18/dangerous-dogs-act-in-spotlight

The law offers delivery workers even less protection. Coleman got his meagre compensation because he was attacked in the street. If anyone is savaged by a dog in a front garden – on private land – the owner cannot be prosecuted under the 1991 Dangerous Dogs Act. The only recourse is to the 1871 Dogs Act, a feeble piece of legislation that cannot trigger serious penalties or proper compensation.

 

Forseeability would seem to be an American thing.

[postggj]

a motion is going through parliamant at the moment seeking reform to the 1991 dangerous dogs act.

 

As it stands the law means there is no redress for dog attacks which take place on private property, clearly a problem for delievery personel such as couriers, post persons etc who visit garden paths, driveways and private roads everyday.

 

"In Scotland, new laws came into effect on saturday february 26

 

in northern ireland, an ammendment bill is currently making its way through the legislative process.

 

But Westminster is lagging behind, despite Prime Minister David Cameron's pre-election pledge to act."

 

where delivery personel are attacked , redress can be sought through the occupiers home insurance policy

[Jasper1965]

With the (retrospective) exception of the four breeds named in the DDA's, the Animals Act 1971 specifically abolished the common law strict liability in tort "on the ground that the animal is regarded as ferae naturae or that its vicious or mischievous propensities are known or presumed to be known"

 

I therefore suggest it would be difficult to get a court civil or criminal to prosecute a case under whatever legislation which is primarily based upon grounds that have been specifically abolished by an act of Parliament.

 

In the event the plaintiff opted to argue liability, Secs 5 (2) and (3) would provide a defence if the plaintiff had been warned and voluntarily chose to ignore such a warning and/or if the dog is a pet as opposed to a guard dog.

Edited March 3, 2012 by Jasper1965