Reply to How to address neighbor's aggressive dog digging under fence?

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[quote=Anonymous][quote=Anonymous]Not the PP you're responding to but growing up on a farm, we shot unfamiliar dogs that came onto our property.  All the farmers did since the unknown dogs can be a significant threat to livestock. [b] I don't know why this case would be any different[/b].  If the neighbors' dog are barking at you and your kids, digging holes under the fence to get at you, it would be reasonable to protect your family.  I don't know about the poison but I think it would be pretty hard to prove that you poisoned a dog deliberately.  [b]Also the law regarding tresspassers and homeowner liability generally do not apply if there was restricted access to the property - like a locked gate.  If the dog is digging under the fence, there is not implied permission to enter the premises[/b].  [/quote]

You're throwing around legal terms but you're not using them correctly.  Wrong--just because you have a locked gate doesn't mean that you can poison or kill.  Just not the case.  As to you growing up on a farm and shooting unknown dogs on sight, this isn't in the 1970s and it isn't a farm.  Animal law has really evolved.  If you kill someone's pet in a situation short of truly trying to save yourself (say, during an attack), you may be on the hook.  Not millions but tens of thousands, not to mention legal fees.     [/quote]

What "legal terms" are being thrown around incorrectly?  I noticed you're not citing anything.  Are you even a lawyer or just some animal nut?

If I have rat poison out in my backyard, it's not my fault if the neighbor's dog comes into yard from a hole it dug under my fence and gets into the poison.  Sure, I "may" get sued but a meteor "may" fall on me tomorrow and that would be the end of me.[/quote]

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