I live in Ohio, a strict liability state regarding dog bites.
We moved into our current home last year and upon moving in with our dog (Lab/Husky mix) we talked with all our neighbors and let them know that we have a dog and that we would be replacing the existing 3 foot fence with a brand new 5 foot fence to keep our dog on our property. We also advised them that we are unsure if our dog would bite them if they poked their hands through the fence. Our dog is afraid of strangers since he had been mistreated in the past by people. i.e., he got cornered once and snarled, growled and snapped at a friend, no bite occurred.
Our neighbors that lived directed beside us have no issues with our dog, he does not act aggressive towards them when they are out, he doesn't even bark at them now because they have just ignored him when he was out an he's use to them and doesn't see them as a threat. But, our neighbors who lived directly behind us have issues with him. When they are outside close to the rear of our yard my dog has on occasion run down towards our fence and barked at them. Granted he can not get over the 5 foot new chain linked fence, and both times he had done this they have either yelled at him saying "bad dog" or they have just stared him down. My dog has never bitten any one since we've had him; he's now 4 years old. Just yesterday our neighbors where outside doing yard work, I knew they were out so I kept my dog inside so he wouldn't bark at them, because they where clearing out an area between their bushes in their back yard and our fence. I thought I was being considerate towards them....well...about an hour later I get a knock on my door and it's the city's Animal Control Officer. He had received a complaint from our neighbors earlier that morning regarding my dog, they were complaining about the two times my dog ran towards our fence barking at them 8 months ago. Their exact words were "he charged at the fence barking at them". After talking to the Animal Control Officer I learnt that our neighbors inquired about "spraying my dog with a hose" if he barked at them and could they sue us if my dog bites them. My question is this: We have "beware of dog" signs on the gate into our yard as well as once facing said neighbors property. If they would happen to stick their hand through our fence and my dog bites them, am I responsible? Or would this fall under the trespassing statue since they are not and will not be invited onto our property.
We moved into our current home last year and upon moving in with our dog (Lab/Husky mix) we talked with all our neighbors and let them know that we have a dog and that we would be replacing the existing 3 foot fence with a brand new 5 foot fence to keep our dog on our property. We also advised them that we are unsure if our dog would bite them if they poked their hands through the fence. Our dog is afraid of strangers since he had been mistreated in the past by people. i.e., he got cornered once and snarled, growled and snapped at a friend, no bite occurred.
Our neighbors that lived directed beside us have no issues with our dog, he does not act aggressive towards them when they are out, he doesn't even bark at them now because they have just ignored him when he was out an he's use to them and doesn't see them as a threat. But, our neighbors who lived directly behind us have issues with him. When they are outside close to the rear of our yard my dog has on occasion run down towards our fence and barked at them. Granted he can not get over the 5 foot new chain linked fence, and both times he had done this they have either yelled at him saying "bad dog" or they have just stared him down. My dog has never bitten any one since we've had him; he's now 4 years old. Just yesterday our neighbors where outside doing yard work, I knew they were out so I kept my dog inside so he wouldn't bark at them, because they where clearing out an area between their bushes in their back yard and our fence. I thought I was being considerate towards them....well...about an hour later I get a knock on my door and it's the city's Animal Control Officer. He had received a complaint from our neighbors earlier that morning regarding my dog, they were complaining about the two times my dog ran towards our fence barking at them 8 months ago. Their exact words were "he charged at the fence barking at them". After talking to the Animal Control Officer I learnt that our neighbors inquired about "spraying my dog with a hose" if he barked at them and could they sue us if my dog bites them. My question is this: We have "beware of dog" signs on the gate into our yard as well as once facing said neighbors property. If they would happen to stick their hand through our fence and my dog bites them, am I responsible? Or would this fall under the trespassing statue since they are not and will not be invited onto our property.
