This case begs the question what is considered reasonable restraint when it comes to dogs in general?
Is having a fence with a beware of dog sign enough?
Would an invisible fence count?
How high must the fence be to be considered reasonable? Must dogs be on a chain if outside in their yard?
Must dogs be kept inside a kennel?
We had a Shar Pei who was a real sweetheart......but he could go through a wood fence if he really wanted to and he hated other animals. We made sure he was supervised even when he was in our yard behind the fence. We also checked the fence periodically to make sure it was still intact and would keep him in. Of course we are responsible pet owners. ;)
Setting aside for a moment the question of whether a death due to failure to control one's dog should be viewed as Manslaughter or 2nd Degree Murder:
I would say that the size of the sign, the height of the fence, and the strength of the chain would all have to be sufficient to protect passers-by except in the case of unforeseeable "Acts of God." - Otherwise, the dog-owner would be legally liable for the death.
Regards,
“This case begs the question what is considered reasonable restraint when it comes to dogs in general?
Is having a fence with a beware of dog sign enough?”
I’ve read that you should get “dog in yard” or something similar because “Beware of Dog” has been used to infer the owner knew the dog was dangerous. Of couse..the website that had that tip didn’t have a case to point to.